Nursing Jurisprudence Flashcards

This is a set of vocabulary flashcards for Nursing Jurisprudence.

Nurses Liability

A nurse can be sued as an ordinary citizen for criminal liability or for criminal negligence and malpractice when performing responsibilities.

Criminal Law

A branch of Public Law that deals with crimes, their definitions, penalties, and elements.

Public Law

Deals with the relationship of nurses with the public or the clients/community she serves.

Private Law or Civil Law

Deals with the relationship between two single individuals; private individual is the offended party.

Revised Penal Code (ACT 3815)

One source of criminal law where mostly all crimes are punished (e.g., murder, homicide, parricide, infanticide).

Special Penal Laws

Nursing Law (R.A. 9173), Dangerous drug act of 2002 (RA 9165), Violence against women and children (RA 9262); Punishes specific crimes, such as fraudulent misrepresentation.

RA 9173

Nursing Law; considered the bible of nursing practice.

Generality of Criminal Law

Applies to everyone, no one is exempted, even an alien or foreigner in the Philippines, except children, minors, insane, and mentally retarded individuals.

Territoriality of Criminal Law

Criminal law has venue and jurisdiction in place committed, within the Philippine archipelago or extension of Philippine territory.

Prospectivity of Criminal Law

Law applies forward and not backward (Lex Prospicit Non-Respicit); can’t be applied on past acts before law enactment.

Doctrine of Pro-Reo

Criminal law should always be in favor of the accused (innocent until proven guilty).

Res Ipsa Loquitor

Let the thing speak for itself; shifts burden to defendant or accused.

Common Law

Not recognized in the Philippines; instead, civil law and criminal law are used.

Crime

Any wrongful act committed against the public and punishable by law.

Felonies

Acts committed under Act 3815 (revised penal code); examples: murder, rape, infanticide, parricide, homicide.

Offenses

Violations against Special Penal Laws; e.g., fraudulent misrepresentation (RA 9173), drug cases (RA 9262), child abuse.

Mala in Se

Nature of Act; considered to be inherently wrong; violation of 10 Commandments.

Mala Prohibita

Punished by law; an act inhibited by Law; e.g., anti-jaywalking, anti-littering ordinance, violation of sanitation code.

Intentional Felony

Dolo/malice/intent; has higher penalty compared to culpable felonies.

Culpable Felony

Negligence, Reckless Imprudence, Lack of skill or foresight.

Elements of a Felony

1. Act or Commission 2. Punishable by RPC, Special Laws 3. Dolo/Culpa (Intent Fault)

Requisites of Dolo/Malice or Intent

1. Freedom- free from coercion 2. Intelligence- should not be mentally retarded or insanity 3. Intent- be mentally retarded or insanity

Requisites of Fault/Culpa

1. Freedom 2. Intelligence 3. Imprudence or Negligence- lack of skill or foresight

Consummated Felony

All elements present/purpose was accomplished; e.g., want to kill px and px died.

Frustrated Felony

All executory acts present but failed to accomplish purpose; example: want to kill patient but patient survives

Attempted Felony

Not all acts of execution were present; e.g., want to kill px and about to inject medication but folks or doctors arrived.

Grave Felony

Imprisonment of = afflictive to capital punishment (prision mayor until reclusion perpetua or life imprisonment); Fine= above 6000 pesos

Less Grave Felony

can be pardon or parole,Imprisonment: correctional penalties (arresto mayor- prison correctional); Fine: Php 201-6000 pesos

Light Felony

Imprisonment: arresto menor (1 day to 30 days)Fine: 200 pesos or less

Principal (Criminal Offenses)

People to commit a crime; conspiracy, proposed, agreed to commit the crime (conspirators) their penalty is the highest

Accomplices

Accessory Before the Act; Penalty is 1 degree lower than the principal.

Accessories

Accessory After the Fact; Penalty is 2 degrees lower than the principal.

Principal by Inducement

Mastermind; who gives reward, money, prize, or commissioned the crime; conspiracy is established.

Principal by Direct Participation

Performed the act; those who really did the act; e.g., gunman or bagman.

Principal by Indispensable Cooperation

Onlooker regardless of level of participation

Reasons for Penalty

Prevention, Society’s defense, Reformation, Exemplarity, Justice and Equity

Civil Indemnity

Restitution, reparation of damages, indemnity for social and personal injury (damages in the form of MENTAL).

Extinction of Criminal Liability

Death of convict, Service of sentence, Amnesty, Pardon,prescription of crime,prescription of penalty Marriage in some crimes

Justifying Circumstances

Totally, there is no criminal liability. Exempted from fine and imprisonment; did the act but no crime has been committed; no penalty = no crime = no imprisonment (like self defense)

Exempting Circumstances:

No criminal liability and imprisonment but there is a civil liability (pay for the damages); No imprisonment but has a penaltyExample: minority, insanity

Mitigating Circumstances

Lessen/reduce/palliate the penalty;Reduce or palliate the penalty (e.g. confession of guilt, voluntary surrender, illness, or physical defect of the off ender)

Aggravating Circumstances

Increases penalty; a government official has committed a crime

Alternative Circumstances

Either mitigating or aggravating depending upon circumstances

Self-Defense Elements

Unlawful Aggression (suddenly attack); Reasonable Means (an eye for an eye, a tooth for a tooth);Lack of Provocation – wala gin garit2 or hangkat

Exempting Circumstances

Imbecility/ Insanity (Insane= not during lucid interval);Nine years old and below unless discernment;Accident Lawful or insuperable cause

Mitigating Circumstances

UNDER 18 ABOVE 70 YEARS (or 9-15 years with discernment); PROVOCATION/THREAT;Voluntary Surrender, Illness or Physical Defect

Aggravating Circumstances

Public Position;Contempt/ Insult of authorities;Abuse of confidencePlace where committed;Price/Reward/Promise; Recidivism/ habitualityEvident premeditation

Alternative Circumstances

Relationship, Intoxication,Training, Education

Crimes Against Persons

Parricide, Murder, Homicide, ,Infanticide;Abortion;MutilationPhysical injuriesRape

Crimes against Personal Liberty

Kidnapping or Illegal Detention;ThreatsGrave coercion-

Crimes Against Property

Robbery Theft Larceny Swindling or Estafa, Destructive arsonMalicious Mischief

Crimes Against Chastity

Adultery, Concubinage,Seduction, Abduction, Sexual harassment, Acts of lasciviousness

Crimes Against Civil Status

Simulation of birth,Substitution of one child for another, Concealment or abandonment of legitimate child,Usurpation of civil statusBigamy

Crimes Against Honor

Libel (written), ,Slander (Grave Oral Defamation)

Criminal Negligence

Reckless imprudenceSimple imprudence

Euthanasia

Considered murder under Philippine criminal jurisdiction

Murder Elements

Unlawful killing, Not parricideQualifying circumstances: treachery, Price, reward, promise

Parricide Elements

Unlawful killing; Father, mother, child (legitimate or Illegitimate); Ascendants, Descendants, Spouse

Homicide Elements

Unlawful killing,Not parricide, Committed without any qualifying circumstances to murder

Infanticide Elements

Unlawful killing; Child less than three (3) days old (less than 72 hours old);May be committed by the mother or maternal grandmother to conceal dishonor

Abortion Elements

Expulsion of fetus, Before viability- less than 20 weeks old;Death of fetus

Mutilation Elements

Intentionally mutilate another; Depriving totally or partially; essential organs of reproduction

Rape Circumstances

Through F I S T S (Force, Intimidation, Strategy, Threat, Stealth);Offended party deprived of reason or unconscious, Fraudulent machinations or grave abuse of authority

Kidnapping (illegal detention) Elements

Kidnaps or detains anotherIn any manner that deprives his liberty

Abandonment of Persons in Danger

Fails to render assistancePerson wounded in uninhabited place, danger of dying When he can render assistance

Threats Elements

Threaten another with infliction upon person, honor, or property with Wrong amounting to crime

Grave Coercion May Be Equated to Battery Elements

Without authority of lawBy means of violence, threats or intimidation:Prevents another from doing something not prohibited by law Compels him to do something

Robbery Elements

With intent to gain; Took personal property belonging to another without consent; By means of violence, intimidation, force

Theft Elements

With intent to gain; Took personal property of another without consent; Without violence, intimidation or force

Swindling/ Estafa Elements

Defrauds one another; With ways under article 315 revised penal code

Destructive Arson Elements

Burns a building, train, ship or airplane, etc; With intent to destroy/ruin

Malicious Mischief Elements

Deliberately causes damage to property of another

Adultery Elements

Committed by married woman; Sexual intercourse with a Man not her husband

Concubinage Elements

Committed by married manKeeps mistress in the conjugal dwelling

Act of lasciviousness Elements

Act that is lewd; lustful, tending to produce voluptuous or lewd emotions Short of lying with one

Seduction

Withdrawing a person from path of rectitude; leading astray

Defamation

Public and malicious imputation of a crime Vice or defect Tending to cause dishonor, discredit or contempt to another

Elements Criminal Negligence (4 D’s)

Unauthorized DUTY; DERILICTION (abandonment of one’s duty); Cased DAMAGE; Failed to use DUE CARE

Quasi-Delicts or Torts

Fault or Negligence;Accompanies his act or omission Causes damage No pre-existing contractual relations

Delegation

Act of assigning to someone else a portion of the work to be done with corresponding authority, responsibility, and accountability (ARA).

Underdelegating

Stems from the managers’ false assumption that delegation may be interpreted as the lack of ability on her or her part to do the job correctly or completely. Stems from mistrust

Overdelegating

Unnecessarily burdens the subordinates with tasks that are either inconsequential or irrelevant to the delivery of the goal Poor time managemnent and insecurity

Improper Delegating

Delegation of tasks and responsibilities beyond which the person cannot perform properly

Nursing Audit

Documentation of the quality of nursing care in relation to standards Prioritizes nursing care Identifies and corrects deficiencies increases performance

Quality Improvement

A systematic process of improving services, systems, and products.Continuous Quality Improvement – Proactive and ongoing process for system improvement

Benchmarking

Comparing services to the best-performing group

Profession

Advanced training and specialized body of knowledgeCalling members profess to attain special values, knowledge, training or experience

Professionals

provide service in a special field licensed

Professional Adjustment

growth of the whole individual and development of all his/her capacities: physical, mental, social and spiritual-towards efficient and effective performance of his/her profession

Core Competencies

Competency standards is basis of the new test framework for Philippine nurse licensure examinations.

Professional Competence

Provides and ensure continuous education and raise and maintain highest standard and quality of practice.

National Professional Nursing Organizations

PNA, LGN, ANSAP

International Council of Nurses (ICN)

International Professional organizations for nurses

Personal Power

political empowerment by finding a mentor and maintain good sources of evidence-based information

Code of Ethics

Standard guide of ethico-moral principles applied in nursing.

Code of Ethics for Nurses

Formal statements that articulate values and beliefs of given profession

Components of Well-Written Code of Ethics

Should be a concise statements; Should be applicable;It should be understandable or simple for everyone

Autonomy

Self-determination; independent

Beneficence

Do good; The actions one takes should promote good

Nonmaleficence

Do no harm; One should do no harm It requires one to weight the benefits to the client/patient of a course of action of against its risk