Criminal Law: Physical Injuries and Rape
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Questions and Answers

What term describes a law that governs the relationship between the government and the individuals?

  • Public Law (correct)
  • Civil Law
  • Private Law
  • Administrative Law

    • Which type of crime is classified as a serious offense punishable under the Revised Penal Code?

  • Felony (correct)
  • Offense
  • Misdemeanor
  • Infraction

    • In a civil action, which type of law would a nurse be charged with if they commit unauthorized touching of a patient?

  • Family Law
  • Contract Law
  • Tort Law (correct)
  • Criminal Law

    • What is the highest standard of evidence required in criminal cases?

    <p>Proof beyond reasonable doubt</p> Signup and view all the answers

    Which of the following actions could lead to a civil lawsuit for a nurse?

    <p>Touching a patient without consent</p> Signup and view all the answers

    Who initiates a civil lawsuit?

    <p>Plaintiff</p> Signup and view all the answers

    What term describes a minor offense that is often addressed by local ordinances?

    <p>Infraction</p> Signup and view all the answers

    Which of the following acts is considered a tort?

    <p>Assault</p> Signup and view all the answers

    Which type of injury is classified as 'Slight Physical Injuries'?

    <p>Injuries resulting in slapping on the face</p> Signup and view all the answers

    Which condition does NOT absolve a male from charges in statutory rape cases?

    <p>The male is younger than the female</p> Signup and view all the answers

    What defines robbery in legal terms?

    <p>Obtaining property through coercion, violence, or intimidation</p> Signup and view all the answers

    Which of the following is an example of rape through sexual assault?

    <p>Fingering someone against their will</p> Signup and view all the answers

    Marital rape is defined as non-consensual sex where the victim is typically identified as:

    <p>A spouse who is legally married</p> Signup and view all the answers

    What criterion is NOT required for a case of 'Mutilation' under the Animal Welfare Act?

    <p>The animal must be a domestic pet</p> Signup and view all the answers

    What is the maximum time limit for prosecuting a case of rape?

    <p>20 years</p> Signup and view all the answers

    Which action does NOT constitute theft?

    <p>Borrowing someone's item without asking</p> Signup and view all the answers

    Which nurse primarily focuses on counseling concerning reproductive health?

    <p>Danaya, RN</p> Signup and view all the answers

    Which sector is not represented in the seven-member Board as outlined by current law?

    <p>Cardiac care nursing</p> Signup and view all the answers

    Which of the following actions is outside the scope of nursing practice?

    <p>Conducts a surgical internal examination</p> Signup and view all the answers

    Which category of foreign licensed nurse is permitted to practice nursing in the Philippines?

    <p>Filipinos educated and licensed overseas wishing to work domestically</p> Signup and view all the answers

    Which statement is a key provision of RA 9173 regarding nursing education?

    <p>Students entering nursing must belong to the upper 40% of high school graduating class</p> Signup and view all the answers

    Which regulation does NOT govern the practice of nursing in the Philippines?

    <p>Patient Care Quality Act</p> Signup and view all the answers

    Which role is likely to be held by a nurse focused on children with special needs?

    <p>Registered Nurse working with special children</p> Signup and view all the answers

    What is considered a requirement for individuals who have failed the nursing licensure exam three times?

    <p>Completion of a refresher course</p> Signup and view all the answers

    What is the requirement for a notarial will to be considered valid?

    <p>Must have three witnesses present during its execution.</p> Signup and view all the answers

    Which of the following describes a testate succession?

    <p>When a person dies with a will in place.</p> Signup and view all the answers

    What is NOT a requirement for someone to make a valid will?

    <p>Having a legal representative.</p> Signup and view all the answers

    What distinguishes a holographic will from a notarial will?

    <p>It must be entirely written by the testator.</p> Signup and view all the answers

    Who can be a witness to a will according to the requirements?

    <p>Persons who are 18 years and older and of sound mind.</p> Signup and view all the answers

    What is the primary legal consequence of a breach of contract?

    <p>Payment for damages.</p> Signup and view all the answers

    Which phrase best describes what an heir is?

    <p>A person entitled to receive property through succession.</p> Signup and view all the answers

    Which of the following is NOT a type of succession?

    <p>Codicil.</p> Signup and view all the answers

    What is the principle that prioritizes the good of the community in primary health care?

    <p>Beneficence</p> Signup and view all the answers

    Which ethical theory suggests that the outcome of an action is the primary factor in determining its moral worth?

    <p>Utilitarianism</p> Signup and view all the answers

    Which of the following describes a situation where a family gives consent for a Do Not Resuscitate (DNR) order?

    <p>Involuntary consent</p> Signup and view all the answers

    What does 'K' stand for in the ethical principles for registered nurses?

    <p>Know appropriate legislation</p> Signup and view all the answers

    Which ethical principle emphasizes the importance of truth-telling in nursing practice?

    <p>Veracity</p> Signup and view all the answers

    Which ethical theory argues that moral standards are determined by the society or context in which they are applied?

    <p>Relativism</p> Signup and view all the answers

    What consequence may occur if a registered nurse violates the Code of Good Governance?

    <p>Suspension or revocation of their Certificate of Registration</p> Signup and view all the answers

    Which ethical principle relates to treating all individuals as persons with rights?

    <p>Respect</p> Signup and view all the answers

    Study Notes

    Physical Injuries

    • Serious physical injuries require more than 30 days of hospitalization.
    • Less serious physical injuries require 10-30 days of hospitalization.
    • Slight physical injuries require less than 9 days of hospitalization.

    Rape

    • Rape is defined as sexual intercourse without consent.
    • The statute of limitations for rape is 20 years.
    • Marital rape is rape committed against a wife.
    • Statutory rape is sexual intercourse with a child.
    • RA 11648 increased the age of consent for sexual crimes to 16 years old.
    • There are two exceptions to the law for perpetrators under the age of 16:
      • The age gap between the perpetrator and the victim is 3 years.
      • The victim consented to the sexual act and it was not exploitative.
    • Rape through sexual assault occurs when sexual penetration occurs through another orifice of the body, such as the:
      • Oral orifice (mouth).
      • Genitalia.
      • Anal.

    Property Crimes

    • Robbery is the taking of someone's personal property using force, violence, or intimidation.
    • Theft is the taking of someone's personal property without their consent.

    Public and Private Law

    • Public law governs the relationship between the government and the people.
    • Private law governs relationships between private individuals and other individuals or private organizations.
    • Criminal law is a type of public law.
    • Civil law is a type of private law.

    Criminal Law

    • Felony is a crime punished by the Revised Penal Code.
    • Offense is a violation of a special law.
    • Infraction is a violation of an ordinance.

    Civil Law

    • Tort is a wrongful act that causes harm to another.
      • Intentional Torts:
      • Assault: Threatening another with violence.
      • Battery: Touching another without consent.
    • Breach of Contract is a failure to perform a promise made within a contract.

    Will

    • A will is a legal document that expresses a person's wishes to be carried out following their death.
    • A living will is not the same as a will.
    • A will pertains to the last wishes of the testator (the person making the will) pertaining to estate.

    Terms:

    • Decedent: A person who dies leaving property.
    • Testator: A decedent who has written a will.
    • Heir: A person who inherits property.

    Types of Succession

    • Testate: A person who dies with a will
    • Intestate: A person who dies without a will.
    • Notarial will: A will that must be witnessed by three individuals and acknowledged by a lawyer (notary public)
    • Holographic will: A will that must be entirely written, dated, and signed in the handwriting of the testator.

    Who can make a will

    • Anyone not expressly prohibited by law
    • 18 years old and up
    • with a sound mind

    Witnesses for a will

    • Must have a sound mind.
    • Must be 18 years or older.
    • Must not be blind, deaf or dumb.
    • Must be able to read and write.

    Three Laws of Nursing Practice

    • Criminal law (Public Law)
    • Civil Law (private Law)
    • Administrative Law (private Law)

    Criminal Action

    • It is filed when someone is accused of a crime.
    • Parties: Plaintiff (sues) and Accused (sued)
    • Evidence requirement: Proof beyond reasonable doubt.

    Civil Action

    • It is filed when someone has been wronged or harmed.
    • Torts
    • Intentional Tort - actions that are carried out on purpose that cause harm. - Breached Contract - a person fails to keep their part of an agreement.

    Nurse's Obligations

    • To maintain and uphold the image of the nursing profession.
    • They must be loyal to the profession, upholding the laws of the Philippine Nurses Association (PNA).
    • They must be committed to continuing professional education (CPE).
    • They must know and follow the appropriate legislation.

    Registered Nurses and the Profession

    • Ethical principles for nurses include
    • LUCK
      • Loyalty
      • Upholding the Laws of the PNA
      • Commitment to CPE
      • Knowing the Appropriate Legislation

    Code of Good Governance

    • Violations of the Code of Good Governance are grounds for the suspension or revocation of a nurse's license to practice.

    Code of Ethics for Registered Nurses in the Philippines:

    • July 14, 2004 Date of Effectivity

    Ethical Principals:

    • Beneficence: (acting with the patient's best interests in mind).
    • Nonmaleficence: (avoiding harming the patient).
    • Totality: (treating the whole person).
    • Stewardship: (Treating a patient based on the belief that the human body is a gift from God).
    • Fidelity: (being truthful to patients).
    • Veracity: (Being loyal to patients).

    Ethical Principles:

    • Respect for persons: All individuals should be treated with respect and dignity.
    • Privacy: Individuals' information must be kept confidential.

    Theories of Ethics

    • Egoism - The goodness of an action depends on the self-interest of the person doing the action.
    • Utilitarianism - The goodness of an action depends on how well it maximizes pleasure and minimizes suffering.
    • Deontology - The goodness of the action depends on whether or not it follows legal rules.
    • Relativism - The goodness of an action depends on time, place, and relative values.
    • Situationalism - "Love theory"- the goodness of action depends on the situation and context.
    • Natural Law Theory - The goodness of an action depends on natural laws created by a higher power like God.

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    Description

    This quiz covers critical aspects of criminal law related to physical injuries and rape definitions, categories, and statutes. It explores hospitalization requirements, the definitions of various types of rape, and the laws governing them. Test your understanding of these significant legal topics.

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