Philippine Nursing Law and Jurisprudence

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

Which of the following describes principals in the context of criminal liability?

  • Persons who unintentionally assist in the commission of the crime.
  • Persons who merely witness the crime without intervening.
  • Persons who take a direct part in the execution of the act. (correct)
  • Persons who provide information about the crime after it occurs.

Which of the following is an example of an exempting circumstance?

  • A person acting under irresistible force. (correct)
  • A person failing to report a crime out of fear.
  • A person misinterpreting a situation as a threat.
  • A person acting under extreme emotional distress.

Which of the following characterizes accessories in criminal liability?

  • Those who directly participate in the crime.
  • Those who are unaware of the crime until it is over.
  • Those who assist principals by compelling them to execute the crime.
  • Those who act after the crime has been committed, knowing about it. (correct)

What is a mitigating circumstance in the context of criminal liability?

<p>A reduction in punishment due to emotional distress during the act. (A)</p> Signup and view all the answers

Which statement correctly outlines the legal age of responsibility?

<p>Criminal liability applies based on the individual's ability to understand the act. (B)</p> Signup and view all the answers

Which of the following situations illustrates an aggravating circumstance?

<p>A crime committed with premeditated intent. (D)</p> Signup and view all the answers

Which of the following is a characteristic of a person acting under uncontrollable fear?

<p>They are influenced by an impulse of equal or greater injury. (C)</p> Signup and view all the answers

Which of the following actions does NOT result in criminal liability?

<p>Failing to act when it is legally required due to being prevented. (B)</p> Signup and view all the answers

Which individual is exempt from criminal liability for committing a crime?

<p>A person under 9 years of age (D)</p> Signup and view all the answers

What is considered a mitigating circumstance in criminal liability?

<p>Lack of intention to commit a grave wrong (B)</p> Signup and view all the answers

When can a person defending themselves be exempt from the crime committed?

<p>If they acted during unlawful aggression (D)</p> Signup and view all the answers

Which of the following situations represents a legal age of responsibility regarding criminal acts?

<p>A person aged 10 with discernment committing vandalism (C)</p> Signup and view all the answers

What defines an aggravating circumstance in the context of criminal liability?

<p>The use of violent means during the crime (A)</p> Signup and view all the answers

A person under 15 years old may be held criminally liable if they acted with discernment. What does that imply?

<p>They understood the consequences of their actions (C)</p> Signup and view all the answers

Which of the following is NOT a circumstance that could mitigate criminal liability?

<p>Having a clean criminal record (D)</p> Signup and view all the answers

Which of the following would NOT lead to exemption from criminal liability?

<p>A person executing retaliation for past offense (A)</p> Signup and view all the answers

Which of the following is an example of criminal negligence?

<p>A nurse fails to administer anesthesia correctly due to carelessness. (B)</p> Signup and view all the answers

What does the term 'reclusion perpetua' refer to in legal terms?

<p>A penalty ranging from twenty years and one day to forty years. (D)</p> Signup and view all the answers

Which of the following describes reckless imprudence?

<p>Engaging in behavior that leads to immediate harm without intention. (A)</p> Signup and view all the answers

Which of the following illustrates the concept of exempting circumstances?

<p>A person commits a crime due to extreme duress. (C)</p> Signup and view all the answers

What is implied by the term 'mental state' in relation to criminal liability?

<p>The deliberate intent or awareness of consequences when committing a crime. (A)</p> Signup and view all the answers

Which of the following is an example of mitigating circumstances?

<p>A defendant with a documented mental illness commits theft. (A)</p> Signup and view all the answers

What is the primary focus of aggravating circumstances in a legal context?

<p>To enhance the level of culpability and severity of the penalty. (A)</p> Signup and view all the answers

At what age is a person typically considered to have legal responsibility for their actions?

<p>At the age determined by the law in their jurisdiction. (A)</p> Signup and view all the answers

Flashcards

Principals in crimes

Those directly involved in a crime's execution, forcing others to commit it, or cooperating in another's crime.

Accomplices in crimes

Those who cooperate by essential actions before, during, or after a crime, but are not directly involved.

Accessories in crimes

Those who knowingly assist after a crime is committed, like concealing evidence or helping the offender profit from it.

Exempting circumstances

Situations where someone is not held responsible for a crime, due to accident, compulsion, or fear.

Signup and view all the flashcards

Accidental injury

Harm caused unintentionally while performing a legal action with care.

Signup and view all the flashcards

Compulsion by irresistible force

Legal excuse for a crime, if someone was forced to commit it.

Signup and view all the flashcards

Uncontrollable fear

Defense to a crime if acted under duress, fear of greater injury.

Signup and view all the flashcards

Failure to perform a legal duty

Not accountable for failure if prevented by a legitimate cause or lawful reasons.

Signup and view all the flashcards

Professional Negligence

A failure to act as a reasonably prudent person would in similar circumstances, causing harm to another or their property.

Signup and view all the flashcards

Deceit (dolo)

A deliberate wrongful act committed with freedom and intelligence.

Signup and view all the flashcards

Criminal Negligence

Wrongful acts arising from carelessness, lack of foresight, or lack of skill.

Signup and view all the flashcards

Reckless Imprudence

Voluntary actions or omissions causing harm without malice, but with evident danger.

Signup and view all the flashcards

Simple Imprudence

Lack of precaution leading to damage that is not immediate and the impending danger was not evident.

Signup and view all the flashcards

False Imprisonment

Unlawful detention of a person.

Signup and view all the flashcards

Invasion of Privacy

Violation of a person's right to be left alone.

Signup and view all the flashcards

Felonies (delitos)

Crimes punishable by law, potentially committed by commission, omission, or act as a proximate cause of harm.

Signup and view all the flashcards

Accessory After the Fact

Someone who helps a criminal escape or hide after they've committed a crime, knowing they did it.

Signup and view all the flashcards

Defense of Strangers

The legal right to defend someone else's life or rights, even if you're not related to them.

Signup and view all the flashcards

Imbecile or Insane

A person with severe mental disability or insanity isn't held responsible for a crime, unless they acted during a 'lucid interval' (moment of clear thinking).

Signup and view all the flashcards

Lucid Interval

A temporary period of mental clarity for someone usually suffering from insanity or a mental disability.

Signup and view all the flashcards

Minor's Discernment

A child under 15 years old can be held responsible for a crime if they understand the wrongfulness of their actions.

Signup and view all the flashcards

Mitigating Circumstances

Factors that reduce the severity of a criminal act and lessen the punishment.

Signup and view all the flashcards

Sufficient Provocation

If someone's anger is triggered by another's actions just before a crime, it can lessen the punishment.

Signup and view all the flashcards

Study Notes

Laws

  • A rule of conduct set by the supreme power, defining right and wrong.
  • Laws are regulations set by a governing body.

Sources of Law

  • Statutory Law: Enacted laws, administrative law.
  • Common Law: Derived from customs, court rulings.

Divisions of Law

  • Divine Law: God's laws.
  • Human Law: Man-made laws, categorized:
    • Public Law: State's political role, criminal, international law, political science, constitutional law, administrative law.
    • Private Law: Family law, civil law, purpose of regulating property.

Nursing Jurisprudence

  • A collection of laws, doctrines and legal opinions about nursing.
  • It defines and regulates nursing practice.

Code of Good Governance

  • Guidelines established for professionals in the Philippines.
  • Promulgated by PRC, July 23, 2003.
  • Includes 7 general principles.

Philippine Nursing Law

  • History: Early attempts to regulate practice (1913, 1915).
  • Important Acts:
    • Act 2493 (1915): Section on Nursing, details registration.
    • RA 877 (1953): Created the Board of Examiners.
    • RA 4704 (1966): Increased board membership and higher educational requirements.
    • RA 6136 (1970): Amended RA 877 and RA 4704.
    • RA 7164 (1991): The Philippine Nursing Act of 1991.

Board of Nursing

  • Composition: 7 members representing 3 areas.
  • Terms: 3 years.
  • Qualifications: Citizen, member of APO, master's degree holder (in nursing, education, or allied medical field) with five years of experience, including the last five years in the Philippines.

Nursing Practice

  • Scope: Multiple areas covered.
  • Board Ratings: 75% average from 75% in final subjects.

Registration and Licensure

  • Reciprocity: Filipino nurses can register in other countries where qualifications are comparable to those in the Philippines.

Nursing Crimes and Negligence

  • Crimes: Acts against the law that result in penalties.
    • Intentional
    • Unintentional.
  • Classifications of crimes:
    • Felony: Serious crimes.
    • Misdemeanor: Less serious crimes.
  • Torts: Civil wrongs.
  • Fraud, Defamation (Libel, Slander), Assault, Battery, False Imprisonment, Invasion of Privacy: Various forms of criminal or civil conduct.
  • Negligence: Failure to meet standards, causing harm.

Professional Negligence

  • Duty, standard care, foreseeable harm, causation.
  • Examples (in the context of nursing): wrong medication, improper procedures.

Criminal Negligence

  • Reckless imprudence
  • Simple imprudence

Degrees of Execution

  • Consummated: All elements present.
  • Frustrated: All acts performed, but prevented.
  • Attempted: Beginning but not completing the crime.

Aggravating and Mitigating Circumstances

  • Aggravating: Increase the penalty.
  • Mitigating: Reduce the penalty (e.g., youth, provocation, remorse)

Alternative Circumstances

  • The circumstances affect the severity or extenuation of a criminal act.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Nurses and Crimes PDF

More Like This

Nursing Law and Ethics Quiz
17 questions

Nursing Law and Ethics Quiz

CleanHolly avatar
CleanHolly
Nursing Accountability and Jurisprudence
48 questions

Nursing Accountability and Jurisprudence

FlexibleStar avatar
FlexibleStar
Philippine Nursing Law Overview
78 questions

Philippine Nursing Law Overview

EasyToUseUkulele7410 avatar
EasyToUseUkulele7410
Nursing Jurisprudence Quiz
45 questions

Nursing Jurisprudence Quiz

ProfoundWendigo avatar
ProfoundWendigo
Use Quizgecko on...
Browser
Open
Browser
Browser