Nursing Jurisprudence and Legal Concepts

Divine Law

Law given by God.

Human Law

Law created by people or government.

Law

Rules created to regulate conduct, protect rights, and maintain order.

Nursing Jurisprudence

Ensures that nurses practice safely, ethically, and in line with the law.

PD 223 / RA 8981

Professional Regulation Commission Law.

Code of Ethics for Nurses

Code created by the Board of Nursing in 2004, revised in 2014.

Code of Good Governance

Code established by the PRC in 2003; enforced to ensure high standards, public safety, and ethical accountability among all registered Filipino professionals.

Service Beyond Self-Interest

Principle stating that professionals must consider the broader impact of their work on society and the public interest.

Constitution

The highest law of the land.

Legislative Branch

Branch of government that creates statutory laws.

Executive Branch

Branch of government that creates and enforces administrative laws and regulations.

Judicial Branch

Branch of government that interprets and applies the law and regulates if the government is following the constitution.

Statutory Law

Written laws created by the legislative branch.

Common Law / Case Law

Law developed through court decisions and legal precedents.

Public Law

Rules that affect society as a whole and involve the state or government.

Private Law

Governs relationships between private entities and individuals such as contracts, property, and torts.

Civil Law

Deals with disputes between individuals; involves private rights and compensation.

Criminal Law

Deals with offenses against the public and government.

Administrative Law

Regulations created by nursing boards and government agencies; controls how government agencies operate and make decisions.

Preponderance of Evidence

Standard of proof required for civil cases.

Guilt Beyond a Reasonable Doubt

Standard of proof required for criminal cases.

Tort

Wrongful act that causes harm to another person.

Assault

An illegal threat of physical harm where no physical touch has occurred yet.

Battery

Actual harmful or offensive touching without consent.

Breach of Confidentiality

Sharing patient information with unauthorized people.

Slander

Spoken defamation.

Libel

Written defamation.

Defamation

Damaging another person's reputation through false statements.

False Imprisonment

Restricting a patient's freedom against their will.

Invasion of Privacy

Violation of privacy, such as not closing curtains during a physical examination.

Proximate Cause

The foreseeable cause connecting a negligent act to an injury.

Negligence

Failure to use the level of care that a normal, reasonable person would use in the same situation.

Malpractice

Failure by a professional to follow accepted standards of work which leads to harm or loss.

Professional Negligence

Negligence committed by professional personnel in the course of professional practice.

Actus Reus

Wrongful act or doing.

Mens Rea

Deliberate or reckless state of mind.

Principal

Main person who commits or orders the crime.

Accomplice

Person who helps or supports the commission of the crime.

Accessory

A person who helps after the crime has been done.

Felony

Major public offense.

Misdemeanor

Less serious crime, minor violation, or low-level bad behavior.

Manslaughter

Unlawful killing of a human being without malice or the specific intent to kill.

Justifying Circumstance

Circumstance under which an act is justified and lawful.