Jurisprudence Flashcards

(114 cards)

1
Q

All legal rules and principles affecting practice of nursing

A

Jurisprudence

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2
Q

Rule of civil conduct commanding right and prohibiting wrong

A

Law

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3
Q

Proceeding in court for a purpose (cases)

A

Lawsuit

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4
Q

Enforce right

A

Civil case

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5
Q

Redress wrong

A

Criminal case

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6
Q

Supreme law, creates legal responsibilities and rights, foundation of system of justice

A

Constitutional

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7
Q

President

A

Executive

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8
Q

Congress

A

Legislative

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9
Q

Supreme Court

A

Judicial

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10
Q

Statutory, enacted by any legislative body, creates law

A

Legislation

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11
Q

Creates rules and regulations to enforce statutory law

A

Administrative

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12
Q

Previous case, Somera case 1983

A

Common/ Case

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13
Q

Felony and Misdemeanor

A

Public law: Criminal case

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14
Q

Tort and Contract Laws

A

Private law: Civil case

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15
Q

Punished by law

A

Felony

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16
Q

Special law

A

Offense

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17
Q

Ordinance

A

Infraction

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18
Q

Criminal case parties

A

Plaintiff and accused

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19
Q

Torts: battery, assault, false imprisonment)

A

Intentional

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20
Q

Torts: Invasion of privacy, defamation of character, slander, libel)

A

Quasi intentional

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21
Q

Torts: negligence and malpractice

A

Unintentional

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22
Q

Civil cases parties

A

Complainant and defendant

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23
Q

Criminal case evidence

A

Proof beyond reasonable doubt

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24
Q

Civil case evidence

A

Convincing (preponderance)

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25
Administrative case parties
Complainant and respondent
26
Administrative case evidence
Substantial (adequate)
27
Statute of limitations
2-3 years 20 years (killing)
28
Miranda rights (fundamental requirement)
Right to be informed Right to remain silent Right to competent counsel No use of threat/ violence
29
Bawal maulit ang kaso unless may newly found evidence
Principle of double jeopardy
30
Warantless arrest
In flagrante de licto
31
Warrant
Arrest/ warrant
32
Subpoena person to testify
Ad testificandum
33
Subpoena documents
Duces tecum
34
Answers a complaint
Summons
35
Rumors, not admissable
Hearsay evidence
36
Hearsay unless the dying person is the victime
Dying declaration/ ante morten statement
37
Willful telling of a under oath
Perjury
38
Legal term for crimes
Felony
39
Intentional felony
Deceit (dolo)
40
Unintentional felony
Fault (culpa)
41
Principal: doer
Direct participation
42
Principal: directly force, indice others, mastermind
Inducement
43
Principal: indispensable
Cooperation
44
Cooperates, no need present, accessory before crime
Accomplice
45
Accessory after the act
Accessory
46
/ elements / results
Consumated
47
/ elements x results
Frustrated
48
x elements x results
Attempted
49
(-) imprisonment and payment of damage
Justifying
50
(-) imprisonment (+) payment of damage
Exempting
51
(+) imprisonment and payment of damage dec
Mitigating
52
(-) imprisonment and payment of damage inc
Aggravating
53
Do not give the chance to have self defense
Treachery
54
Mercy killing
Euthanasia
55
Mercy Killing: active taking of steps
Active/ direct
56
Mercy killing: omit
Passive/ indirect
57
Mercy Killing: voluntary
Patients consent
58
Mercy Killing: not the patients decision
Involuntary
59
Killing: father, mother, children, grandparents, grandchildren, spouse
Parricide
60
Killing others
Homicide
61
Killing with aggravating factors
Murder
62
Killing <3 days
Infanticide
63
Not punishable but guving assistance is
Suicide
64
Touching
Acts of lasciviousness
65
cause annoyance, irritation, or torment to another
Unjust vexation
66
physical injury >30 days
Serious
67
Physical injury <30 days
Less serious
68
Physical injury 9 days and below
Slight
69
Without spouse consent
Marital rape
70
Under the age of consent
Statutory rape
71
With force, violence, intimidation
Robbery
72
Without force, violence, intimidation
Theft
73
Pretends to give birth, substitution, putting wrong info
Simulation of birth
74
Intentional torts, threats
Assault
75
Intentional torts, unconsented touching
Battery
76
Intentional torts, confined, restraint
False imprisonment
77
Intentional torts, discharge
Illegal detention
78
Quasi intentional torts, false statement
Defamation
79
Defamatory statement
Libel
80
Oral defamation
Slander
81
Quasi intentional torts, sharing information 
Breach of confidentiality
82
Quasi intentional torts, right of freedom from intrusion
Invasion of privacy
83
Unintentional torts, commission, breach of duty
Misfeasance
84
Unintentional torts, omission, failure of duty
Nonfeasance
85
Inintentional torts, go beyond, injury, death
Malpractice/ Malfeasance
86
Essential conditions for actionable negligence
Existence of duty Failure to perform Injury/ death
87
The thing speaks for itself
Res ipsa loquitor
88
Captain of the ship
Respondeat superior
89
Act of God
Force Majeur
90
Civil liability: physical, mental suffering, anxiety
Moral
91
Civil liability: corrective
Exemplary
92
Civil liability: vindication, recognition of legal right
Nominal
93
Civil liability: pecuniary, can't be proved
Temperate/ Moderate
94
Civil liability: pecuniary with proof
Actual/ Compensatory
95
Civil liability: agreement of contract
Liquidated
96
Contract: action
Implied
97
Contract: verbal, written, specified terms
Expressed
98
Contract: not existing from the beginning
Void/ Inexistence
99
Contract: fraud, undue influence, duress
Illegal/ unenforceable
100
Contract: incapable to give consent
Voidavle/ annullable
101
Failure without legal excuse to perform any promise
Breech of contract
102
Will: left with property
Decedent
103
Will: left with will
Testator
104
Will: called to succession
Heir
105
Will: hand written
Holographic
106
Will: acknowledged before a notary public with at least 3 witnesses
Notarial
107
Will received by nurses
Gifts mortis causa
108
BON (7 members)
PNA 21 PRC 14 President 7
109
Qualifications in BON (MC NGT)
Natural born citizen Good standing PNA 10 yrs clinical exp, last 5 yrs in Ph Masters (Sciences, Allied Nursing, Education) Conviction
110
Areas to be represented (CNN)
CHN Nsg Education Nsg Service
111
Removal and suspension in BON (ICU)
Incompetence Commission Unprofessional
112
Inactive nurse
5 consecutive years 1 month didactive 3 months practicuum > 1 yr > 50,000 < 5 yrs < 100,000
113
Place of birth
Jus soli
114
Blood
Jus sanguinis