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What are the elements of professional negligence?
What are the elements of professional negligence?
What type of crime is punishable by a fine or imprisonment?
What type of crime is punishable by a fine or imprisonment?
What is the term for a civil wrongdoing committed against a person or their property?
What is the term for a civil wrongdoing committed against a person or their property?
What are the two types of defamation?
What are the two types of defamation?
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Which of the following is NOT a type of criminal negligence?
Which of the following is NOT a type of criminal negligence?
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A felony is a crime of serious nature.
A felony is a crime of serious nature.
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A crime may be committed either intentionally or unintentionally.
A crime may be committed either intentionally or unintentionally.
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Which of the following is NOT an example of a felony?
Which of the following is NOT an example of a felony?
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A misdemeanor is a crime of serious nature.
A misdemeanor is a crime of serious nature.
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The term 'proximate causation' is an element of professional negligence.
The term 'proximate causation' is an element of professional negligence.
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Which of the following is an example of malpractice?
Which of the following is an example of malpractice?
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The term 'culpa' refers to wrongful acts.
The term 'culpa' refers to wrongful acts.
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A person who acts under the compulsion of irresistible force is exempt from criminal liability.
A person who acts under the compulsion of irresistible force is exempt from criminal liability.
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The term 'dolo' refers to wrongful acts that are committed with deliberate intent.
The term 'dolo' refers to wrongful acts that are committed with deliberate intent.
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A person who acts in defense of his person or rights is exempt from criminal liability.
A person who acts in defense of his person or rights is exempt from criminal liability.
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A person who acts under the influence of an uncontrollable fear of an equal or greater injury is exempt from criminal liability.
A person who acts under the influence of an uncontrollable fear of an equal or greater injury is exempt from criminal liability.
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Which of the following is NOT a mitigating circumstance?
Which of the following is NOT a mitigating circumstance?
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Aggravating circumstances increase criminal liability.
Aggravating circumstances increase criminal liability.
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A person acting in self-defense always has to use the least amount of force possible.
A person acting in self-defense always has to use the least amount of force possible.
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Which of the following is considered an aggravating circumstance?
Which of the following is considered an aggravating circumstance?
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A person committing a crime in the immediate vindication of a grave offence is a mitigating circumstance.
A person committing a crime in the immediate vindication of a grave offence is a mitigating circumstance.
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Conspiracy is when two or more people agree to commit a crime and decide to carry it out.
Conspiracy is when two or more people agree to commit a crime and decide to carry it out.
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When the crime is committed with evident premeditation or after unlawful entry is an aggravating circumstance.
When the crime is committed with evident premeditation or after unlawful entry is an aggravating circumstance.
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An imbecile or insane person is exempt from criminal liability unless they acted during a lucid interval.
An imbecile or insane person is exempt from criminal liability unless they acted during a lucid interval.
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The penalty of life imprisonment can be imposed for an offense punishable by a special law.
The penalty of life imprisonment can be imposed for an offense punishable by a special law.
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A person who profits from or assists offenders after a crime is committed is known as an accomplice.
A person who profits from or assists offenders after a crime is committed is known as an accomplice.
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A person who assists in the escape of the principal of the crime is an accessory before the fact.
A person who assists in the escape of the principal of the crime is an accessory before the fact.
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Conspiracy is when two or more people agree to commit a felony and are then found together at the scene of the crime.
Conspiracy is when two or more people agree to commit a felony and are then found together at the scene of the crime.
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A person who is found to have committed a crime in the immediate vindication of a grave offence is always exempt from criminal liability.
A person who is found to have committed a crime in the immediate vindication of a grave offence is always exempt from criminal liability.
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A person who acts in defense of the stranger is always exempt from criminal liability.
A person who acts in defense of the stranger is always exempt from criminal liability.
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A person who commits a crime due to intoxication may have their sentence reduced as a mitigating circumstance.
A person who commits a crime due to intoxication may have their sentence reduced as a mitigating circumstance.
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A person who commits a crime while under the influence of uncontrollable fear is always exempt from all criminal liability.
A person who commits a crime while under the influence of uncontrollable fear is always exempt from all criminal liability.
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A person who acts in defense of their spouse or children is always exempt from criminal liability.
A person who acts in defense of their spouse or children is always exempt from criminal liability.
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A person who commits a crime when they are under the influence of a mental disorder or learning disability is always exempt from criminal liability.
A person who commits a crime when they are under the influence of a mental disorder or learning disability is always exempt from criminal liability.
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A person who commits a crime when they are aged 16 is always exempt from criminal liability.
A person who commits a crime when they are aged 16 is always exempt from criminal liability.
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A person who commits a crime when they are in a state of extreme intoxication is always exempt from criminal liability.
A person who commits a crime when they are in a state of extreme intoxication is always exempt from criminal liability.
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An individual who commits a crime while taking advantage of their high social status is always considered to be an aggravating circumstance.
An individual who commits a crime while taking advantage of their high social status is always considered to be an aggravating circumstance.
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When a person commits a crime after unlawful entry, they have always acted with evident premeditation.
When a person commits a crime after unlawful entry, they have always acted with evident premeditation.
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A person who is intoxicated is always considered to be in a state of 'culpa' (fault).
A person who is intoxicated is always considered to be in a state of 'culpa' (fault).
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A person who commits a crime while acting from an uncontrollable impulse is not considered to have acted with 'dolo' (deliberate intent).
A person who commits a crime while acting from an uncontrollable impulse is not considered to have acted with 'dolo' (deliberate intent).
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A crime that is committed with evident premeditation is always considered to have been committed with 'dolo' (deliberate intent).
A crime that is committed with evident premeditation is always considered to have been committed with 'dolo' (deliberate intent).
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Study Notes
Crime
- Act committed violating public law, punishable by fine/imprisonment
- Intentional or unintentional
- Classifications:
- Felony: serious crime
- Misdemeanor: less serious, fine or short jail term
- Tort (Intentional): civil wrongdoing against person/property
- Fraud: false presentation of facts, intended to influence another
- Defamation:
- Libel: written
- Slander: oral
- Assault: unjustified attempt to touch
- Battery: actual carrying out the threat
- False imprisonment: unlawful detention
- Invasion of privacy: violation of right to be left alone
- Professional Negligence:
- Commission/omission of an act, violating duty, causing injury to another.
- Same action by reasonable person in similar situation
- Caused injury to another through proximate cause.
Elements of Professional Negligence
- Existence of duty
- Failure to meet standards of due care
- Foreseeable harm resulting from failure to meet standards
- Proximate causation
Specific Examples (Professional Negligence)
- Failure to report important observations.
- Failure to exercise appropriate diligence under circumstances.
- Mistaken identity.
- Incorrect medicine/dosage/route.
- Equipment defects (stretchers, wheelchairs) leading to falls
- Errors due to family assistance
- Malpractice: improper/unskillful care of patient by nurse, exceeding authority with serious consequence
Felonies (delitos)
- Acts/omissions punishable by law.
- Committed with:
- Deceit (dolo): deliberate intent
- Means of fault (culpa): wrongful acts due to recklessness/lack of foresight
Criminal Negligence
- Reckless or imprudent actions/omissions
- voluntary actions causing damage immediately
- simple imprudence: lack of precaution causing immediate or impending damage
Degrees of Execution (Crime)
- Consummated: all elements for execution/accomplishment present
- Frustrated: all actions to execute crime, but fail due to external factors
- Attempted: offender starts actions, but stops before complete execution
Punishments (according to degree)
- Grave: capital punishment (death)/afflictive imprisonment
- Less Grave: correctional imprisonment or fine
- Light: fine/arresto menor, depending on act
Conspiracy
- Agreement between two or more persons to commit a felony, and decision to do so.
- Proposal of a felony to others leading to its execution.
- Mutual implied understanding to commit a felony
Accomplices & Accessories
- Accomplices: cooperate in crime through participation, inducement, or cooperation without direct participation.
- Accessories: knowing about a crime with a subsequent action, enabling perpetrators
Exempting Circumstances
- Imbecility/insanity(unless lucid intervals)
- Under 9 years old
- Over 9 but under 15, unless discernment present
Justifying Circumstances
- Self defense, defense of another (spouse, relatives), defense of third party
- Avoidance of greater evil/ injury
- Anyone acting to avoid a greater harm or injury.
Mitigating Circumstances
- Reduce culpability by reducing moral fault
- Reduced criminal liability (e.g., no intent to cause severe harm, offender being under 18/over 70)
Aggravating Circumstances
- Increase criminal liability
- Taking advantage of public position
- Contempt of/insult to public authorities
- Abuse of confidence/ungratefulness
- Committed in place of worship
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