Criminal Law Concepts Quiz
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Questions and Answers

What defines a consummated crime?

  • All elements executed without a successful result
  • Not all elements executed, no successful result
  • All elements executed with a successful result (correct)
  • Only partial elements executed with some result

Which of the following is categorized as a grave crime?

  • Indecent Exposure
  • Trespassing
  • Prostitution
  • Kidnapping (correct)

What is the penalty for less grave crimes?

  • No imprisonment but a fine exceeding 6,000.00
  • 1 day to 30 days or a fine of more than 200.00
  • Capital punishment or a penalty of above 6 years
  • 1 month and 1 day to 6 years or a fine of not more than 6,000.00 but not less than 200.00 (correct)

Which crime involves the forcible abduction of another person?

<p>Kidnapping (C)</p> Signup and view all the answers

What is an example of a circumstance that affects criminal liabilities?

<p>Justifying circumstances like self-defense (A)</p> Signup and view all the answers

What is a misdemeanor?

<p>A general term for a criminal offense that is less serious than a felony (D)</p> Signup and view all the answers

Which of the following is considered an exempting circumstance?

<p>The offender is insane or imbecile (C)</p> Signup and view all the answers

What is the purpose of mitigating circumstances in criminal law?

<p>To reduce the degree of culpability (D)</p> Signup and view all the answers

Which option accurately describes aggravating circumstances?

<p>They increase the offender's culpability (A)</p> Signup and view all the answers

Under what condition is an order given by a superior considered lawful?

<p>When it is within the scope of the superior's practice (A)</p> Signup and view all the answers

What is the role of a plaintiff in a civil case?

<p>Person or government bringing a lawsuit against another (C)</p> Signup and view all the answers

What does it mean when evidence is classified as hearsay?

<p>Rumors not admissible as evidence (C)</p> Signup and view all the answers

What is considered a breach of contract?

<p>Failure to perform any promise that forms part of a contract (B)</p> Signup and view all the answers

What characterizes a crime?

<p>An offense against persons or property against the public (B)</p> Signup and view all the answers

Which of the following describes negligence?

<p>Failure to act within accepted professional standards (A)</p> Signup and view all the answers

What is required for a holographic will to be valid?

<p>It must be written, dated, and signed by the hand of the testator (B)</p> Signup and view all the answers

What does due process ensure?

<p>A fair and orderly process to protect rights (C)</p> Signup and view all the answers

What does a summons command?

<p>A party to appear in court to answer complaints (B)</p> Signup and view all the answers

What type of defamation is characterized by oral statements?

<p>Slander (A)</p> Signup and view all the answers

Which term describes persons who assist in the commission of a crime but do not take direct action?

<p>Accessories (A)</p> Signup and view all the answers

What is necessary for a conspiracy to be established?

<p>A joint agreement between two or more persons (C)</p> Signup and view all the answers

Which of the following is NOT a type of defamation?

<p>Defamation by act (C)</p> Signup and view all the answers

In legal terms, who is recognized as the chief actor or mastermind in a crime?

<p>Principal (D)</p> Signup and view all the answers

What does 'slander by deed' refer to?

<p>An action that dishonors another without spoken words (B)</p> Signup and view all the answers

Who among the following is known for inducing or cooperating in a crime without direct involvement?

<p>Accomplice (A)</p> Signup and view all the answers

Which of the following statements about accessories and principals is true?

<p>Principals commit the crime while accessories support them (C)</p> Signup and view all the answers

What is slander?

<p>An untruthful oral statement about a person that subjects them to ridicule (C)</p> Signup and view all the answers

Which of the following best defines libel?

<p>A written statement about a person that subjects them to ridicule (D)</p> Signup and view all the answers

What does the term invasion of privacy refer to?

<p>The right of a person to be left alone (C)</p> Signup and view all the answers

What is the main difference between assault and battery?

<p>Assault is a threat; battery is the actual act of bodily contact (D)</p> Signup and view all the answers

What action does fraud typically involve?

<p>False presentation of fact with intent to deceive (B)</p> Signup and view all the answers

What does beneficence in ethics refer to?

<p>Act of mercy and charity (A)</p> Signup and view all the answers

Who is typically the accuser in a lawsuit?

<p>Plaintiff (B)</p> Signup and view all the answers

What is the purpose of a summons in legal terms?

<p>To order a person to appear in court as a defendant (C)</p> Signup and view all the answers

What does the doctrine of employer liability apply to?

<p>Actions performed by the employee within the scope of their employment (B)</p> Signup and view all the answers

What is considered an effect of 'force majeure'?

<p>An unforeseen disaster like a typhoon or flood (C)</p> Signup and view all the answers

What does Resolution No. 265, S-93 pertain to?

<p>Computerization of License Examination under the PRC (A)</p> Signup and view all the answers

How are questions selected for examinations according to Section 15 of Resolution No. 332, S-94?

<p>Through random selection from a test bank (A)</p> Signup and view all the answers

Which resolution outlines the establishment and operation of a computerized test bank?

<p>Resolution No. 338, S-94 (C)</p> Signup and view all the answers

What is one purpose of Article III in Resolution No. 338, S-94?

<p>Correction and grading of test papers (B)</p> Signup and view all the answers

What type of acts does Section 20 of Resolution No. 333, S-94 address?

<p>Illegal, immoral, and unprofessional acts (D)</p> Signup and view all the answers

What is the primary function of the Test Bank as described in Resolution No. 338, S-94?

<p>To compile and classify questions for examinations (A)</p> Signup and view all the answers

Flashcards

Slander

A false, spoken statement that damages someone's reputation.

Libel

A false, written statement that damages someone's reputation.

Invasion of Privacy

Interfering with someone's right to be left alone.

Assault

Threatening or attempting to cause harm to someone.

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Battery

Causing actual physical harm to someone.

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Fraud

Intentionally deceiving someone to cause harm or loss.

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Plaintiff

The person who brings a lawsuit.

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Defendant

The person being sued in a lawsuit.

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Litigation

The process of resolving a legal dispute in court, involving a claim that can be enforced legally against a person duty-bound to respect it.

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Civil Case

A legal dispute between individuals or entities, where one party claims wrong-doing by another.

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Criminal Case

A legal case where an individual is accused of breaking the law, with potential punishment by the state.

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Due Process

A legal principle guaranteeing fair and orderly procedures for enforcing rights and protecting individuals from arbitrary actions.

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Torts

Wrongful acts committed against a person or their property, leading to potential legal liability.

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Crime

An act against the public and the law, harming individuals or their property, leading to potential criminal prosecution.

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Crimes Against Public Morals

Actions that violate societal standards of decency and morality, often involving behaviors that are considered harmful or offensive to the community.

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Illegal Gambling

Playing games of chance for money or other valuables, often involving illegal betting or operation of gambling facilities.

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Indecent Exposure

Intentionally exposing one's private parts in public, often involving sexual suggestiveness or offensiveness.

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Prostitution

Engaging in sexual intercourse for payment, often involving the exchange of money or other goods for sexual services.

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Justifying Circumstances

Situations that legally excuse a person from criminal liability, even though they committed a crime.

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Unlawful Aggression

An act that threatens or causes harm to a person or their property, often without just cause. It can be physical, verbal, or even indirect, like damaging someone's reputation.

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Reasonable Necessity

A legal defense where the act committed, although harmful, was necessary to prevent greater harm or defend oneself. The act must be proportionate to the threat and there must be no other reasonable alternatives.

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Lack of Sufficient Provocation

The absence of adequate justification or reason for an act that would otherwise be considered criminal. It suggests that the offender's actions were not triggered by a reasonable or justifiable provocation.

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Fulfillment of a Lawful Duty

A legal defense where a person acted in compliance with a legal obligation, even if their actions caused harm. This can be due to a professional duty or a requirement by law.

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Obedience to a Lawful Order

A legal defense where a person acted under the command of a superior, who was legally authorized to give that order. The order must be lawful and the superior must be acting within the scope of their authority.

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Alternating Circumstances

Factors that can either increase or decrease criminal liability based on the crime's nature and effects.

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Relationship Liability

In certain relationships, there might be no criminal liability but a possibility of civil liability.

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Defamation

Damaging someone's reputation through false statements.

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Slander by Deed

An action that causes dishonor to another, even without words.

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Conspiracy

A secret agreement between two or more people to commit a crime.

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Principal

The mastermind or the main actors in a crime.

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Respondeat Superior

A legal doctrine holding employers responsible for the actions of their employees if those actions occur within the scope of employment.

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Force Majeure

An unforeseen, inevitable, and irresistible force beyond human control, often referred to as an 'Act of God'.

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PRC Resolution No. 265, S-93

A resolution by the Professional Regulation Commission (PRC) mandating the use of data banks for computerized licensure examinations in the Philippines.

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PRC Resolution No. 15, S-93

A PRC resolution specifically focusing on the computerization of the Radiologic/X-ray Technologist License Examination in the Philippines.

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PRC Resolution No. 332, S-94

A PRC resolution amending rules regarding the construction and selection of questions used in licensure examinations, emphasizing objectivity and randomness.

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PRC Resolution No. 338, S-94

A PRC resolution focusing on the full computerization of licensure examinations across various professions in the Philippines.

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PRC Resolution No. 333, S-94

A PRC resolution addressing miscellaneous provisions related to licensure examinations, including rules on professional conduct and ethical behavior.

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Computerized Test Bank

A digital database containing a large collection of questions and test materials used for computerized licensure examinations.

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Study Notes

Jurisprudence

  • Jurisprudence is the study, knowledge, or science of law.
  • It encompasses all laws, regulations, court decisions, and formal principles upon which laws are based.
  • It includes legal philosophy.

Breach of Contract

  • A breach of contract occurs when a party violates the terms of an existing contract.
  • Reasons for breach may include prevention of performance or failure to perform due to inconvenience or difficulty, and abandonment of duty.
  • Lucid interval refers to a period where a person is in sound mind. Consent during a lucid interval is considered valid.
  • The NLRC is the National Labor Relations Commission.

Classification of Defective Contracts

  • Voidable/Annullable Contracts: These contracts have a defect, either from incapacity to give consent or vitiated consent due to mistakes, violence, intimidation, undue influence, or fraud.
  • Void/Inexistent Contracts: These contracts produce no legal effect and are not subject to ratification; they are valid until a judicial declaration.
  • Unenforceable Contracts: These cannot be enforced in court due to certain reasons, such as lack of authority, non-compliance with the statute of frauds, or incapacity of both contracting parties.
  • Rescissible Contracts: These contracts are valid but can be rescinded due to economic damage or lesion to one party or a third party, or fraud or lack of knowledge/approval from the judicial authority.

Sources of Law

  • Law is a rule of conduct prescribed by a controlling authority.
  • The sources may include the Constitution, Presidential decrees, Republic Acts, Congress, Department of Justice, Supreme Court, Court of Appeals, and Executive Power of the President.
  • Civil Law: Requires evidence and payment for damages based on the preponderance of evidence.
  • Criminal Law: Demands proof beyond reasonable doubt and favors the accused. A defendant may be civilly liable for damages in a criminal case.
  • Administrative Law: Grounds for revocation of licenses are part of this area.

Terminologies

  • Obligation: An act of binding oneself to do something.
  • Jurisprudence: The philosophy or science of law.
  • Public Law: Law concerning government and its relationship with individuals.
  • Private Law: Deals with relationships among individuals (contracts, property ownership).
  • Constitutional Law: Sets out principles and provisions establishing specific laws.
  • Statutory Law: Law enacted by the legislature.
  • Judicial Law: Responsible for resolving controversies.
  • Common Law: Accumulated body of law based on decisions.
  • Administrative Law: Laws made by the executive branch.
  • Good Samaritan Law: Protects medical professionals who render aid in emergencies.
  • Narcotic Law: Controls and suppresses illegal use and distribution of narcotics.
  • Will: A legal declaration of a person's intentions upon death.
  • Testator: A person executing a will.
  • Lawsuit: Legal action in court.
  • Plaintiff: Party initiating a lawsuit.
  • Defendant: Party being sued.
  • Litigation: The process of a lawsuit.
  • Criminal Case: Accusation of a crime.
  • Civil Case: Dispute involving parties other than a crime.

Written Orders Issued by the Court

  • Summons: Order to appear in court as a respondent or defendant.
  • Subpoena Duces Tecum: Order to appear in court as a witness with necessary documents.
  • Subpoena: Order to appear in court as a witness.
  • Search Warrant: Order to search property.
  • Arrest Warrant: Order to detain a person.

Ways Crime May Be Committed

  • DOLO: Crime committed with deliberate intent.
  • CULPA: Crime resulting from lack of knowledge, skills, negligence, or lack of foresight.

Classification of Felonies, according to Punishment

  • Grave Felony: Imprisonment from 6 years and 1 day to life, with a fine exceeding ₱6,000.
  • Less Grave Felony: Imprisonment from 1 month and 1 day to 6 years, with a fine of ₱200.00 to ₱6,000.
  • Light Felony: Imprisonment from 1 day to 30 days, with a fine not exceeding ₱200.

Crimes Against Personal Liberty and Security

  • Kidnapping: Forcible abduction of another.
  • Illegal Detention: Detaining a person without warrant.
  • Trespassing: Entering another's property without warrant.

Crimes Against Public Morals

  • Illegal Gambling: Gambling for money.
  • Indecent Exposure: Intentional exposure of private parts in public.
  • Prostitution: Engaging in sexual intercourse for payment.
  • Misdemeanor: A general term for a criminal offense not graded as a felony under the law.

Exempting Circumstances

  • Insanity or imbecility
  • Under 9 years old.
  • Failure to perform an act due to lawful causes.
  • Performance of lawful act causing injury by mere accident.
  • Compulsion due to uncontrolled force or fear.

Mitigating Circumstances

  • No intention to commit injury.
  • Under 18 or over 70 years old
  • Offender was provoked or threatened.
  • Offender voluntarily surrendered.
  • Physical defect/ disability

Aggravating Circumstances

  • Taking advantage of a position of public office or abuse of power.
  • Committing crime through treachery.
  • Taking advantage of superior strength/position.
  • Committing crime aided by intent.
  • Committing crime through use of fire, poison, explosion, or calamity.
  • Doing crime through disguise.
  • Premeditated crime.
  • Committing crime from cruelty.

Alternating Circumstances

  • May increase or decrease criminal liability depending on the nature and effects of the crime.
  • No criminal liability but has civil liability in some instances.

Crimes Against Honor

  • Defamation: Injury to the honor & reputation.
    • Slander (oral)
    • Libel (written/printed)
    • Slander by deed (act causing dishonor)
  • Conspiracy: A joint agreement of two or more people,
  • Principal: Chief actor/mastermind

Persons Involved in a Conspiracy

  • Accessories: Assist or participate in crime
  • Accomplices: Don't directly execute but cooperating in crime.

Crimes Against Person

  • Murder: Killing with criminal intent
  • Homicide: Intentional killing without criminal intent.
  • Parricide: Killing of a close relative (father, mother, child, spouse, ascendants or descendants).
  • Infanticide: Killing a child under 3 years old.
  • Abortion: Killing a fetus inside the uterus
  • Physical Injuries: Wounding, beating, or assaulting another.

Crimes Against Property

  • Robbery: Unlawful taking of another's property using force.
  • Arson: Intentional burning of another person's property.
  • Sabotage: Intentional damage to the property of the employer by the employee.

Crimes Against Chastity

  • Rape: Forcible sexual intercourse without consent.
  • Adultery: Sexual intercourse involving a married woman with another man.
  • Concubinage: Cohabitation of a married man with a woman other than his wife.

Crimes Against Civil Status of Persons

  • Simulation of Birth: Committing a crime to alter the facts of a birth certificate.
  • Substitution of Child: Replacing one child with another.
  • Bigamy: Contracting a second marriage when already legally married to another.
  • Acquitted: Declared innocent.
  • Convicted: Declared guilty.
  • Negligence: Failure to act with due care resulting in harm.
  • Malpractice: Beyond one’s professional privileges.
  • Res ipsa loquitur: The thing speaks for itself (no further proof needed).
  • Respondent superior: Let the master answer for the acts of the underlings.
  • Force majeure: Unforeseen, inevitable, and irresistible force (acts of God).

PRC-BOT Policies on Computerization

  • General overview of policies on the computerization of various licensure exams.
  • The topics cover details on Computerization of Licensure Examinations of data bank, and policies relating to computerization of tests.

Code of Ethics

  • Article 1: Relation with State and Society: Radiologic Technologists are obligated to uphold constitutional and other legal authorities. They should keep the public's well-being in mind and participate in community betterment efforts.
  • Article II: Relations with Patrons/Clients: Technologists must be respectful, honest in data management, and not discriminate against any patient.
  • Article III: Relation with Other Allied Professions: There should be integrity, respect and adherence to the law in dealings between allied professions.
  • Article IV: Relation with Agency: To maintain and support public and private institutions, in good standing with a vigilant approach to securing equipment and supplies.
  • Article V: Relationships with Self: Be honest, responsible, involved in education and training, and not lend their names for advertisements without proper authorization.

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