P2 PROFESSIONAL ETHICS

Law

a body of rules of action or conduct prescribed by controlling authority and having binding legal force

Common Law

encompasses principles and rules based on ancient usages and customs

Legislation

all the laws and statutes put into place by elected officials on federal, state, county, and city governments

Tort of negligence

may help to illustrate the common law basis of our current law system

Tort

a wrongful act

Tort of negligence

originated on the liability of those who professed to be competent in certain public calling

Tort

a civil wrong for which the law provides a remedy

Tort Action

filed to recover damages for personal injury or property damage occurring from negligent conduct or intentional misconduct

Intentional Torts

result when an act is done with the intention of causing harm to another

Unintentional Torts

result when an act is done without the intention of causing harm to another

Communication

the best tool to lessen or decrease the risk of allegations of intentional torts

Medical Term

most commonly encountered in medical imaging and a broad term that in most jurisdictions encompasses negligence, failure to obtain informed consent, and breach of patient confidentiality

Negligence

can be found only if a duty is owed, that duty is breached, and demonstrable harm has resulted from the breach

Statute

may create a duty, and may establish a duty of professionals

Common Law Principles

have been adapted to meet the changes in society

Statutory Law

includes all laws enacted by federal, state, county, or government

Judicial Decisions

are previous cases that either interpret statutes or adopt and adapt common law principles

Human Law and Divine Law

two branches of the law

Public Law

deals with the acts that affects the society of general public as a whole

Private Law

deals with acts that affects the rights and obligations of individuals or group of individuals, business, and provides for laws to resolve disputes in private matters

Criminal Law

are laws that involves threat or harm to lives, properties, or moral welfare of the people

Political Law

relate to every aspect of the electoral and political process, including the right to vote, campaign financing, and presidential election laws

Civil Law

is concerned with the rights and duties of persons

Labor Law

mediates the relationship between workers, and employing entities, trade unions and the government

Commercial Law

the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales

Remedial Law

a branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion

Sources of the Law

Constitution, Judiciary, Legislature, and Administrative

Constitution

presidential decree and republic act

Judiciary

department of justice, supreme court, and court of appeals

Legislature

Congress

Administrative

executive power of president

Administrative

deals with licensing and regulation which can include suspension and revocation of license

Criminal

addresses the wrongs against the state that includes fines, restitution, community service, and incarceration

Civil

addresses wrongs committed by one party harming another and can include monetary damages to compensate for loss and to punish

Assault

a deliberate act wherein one person threatens to harm another without consent and the victim feels the attacker has the ability to carry out the threat

Battery

touching the victim without consent

Administrative

executive power of president

False Imprisonment

the unlawful confinement of a person within a fixed area or secluded in an area

Negligence

an unintentional tort involving duty, breach of duty, and causation, and the most common tort involving imaging professionals

Informed Consent

a written assent of a patient to receive a proposed treatment

Lawsuit

begins when a plaintiff files a complaint against the defendant with the court

Pleadings

each party in a lawsuit files initial papers that contains an explanation of each party’s side of the dispute

Complaint

describes what the defendant did or failed to do that caused harm to the plaintiff holding the defendant responsible for that harm

Answer

provides the defendant’s side of the dispute

Civil

addresses wrongs committed by one party harming another and can include monetary damages to compensate for loss and to punish

Assault

a deliberate act wherein one person threatens to harm another without consent and the victim feels the attacker has the ability to carry out the threat

Negotiators, mediators, and arbitrators

often used to bring objectivity to the negotiations and encourage the parties to settle the lawsuit

Post-Decision Appeal Process

a party dissatisfied with the result may appeal to the higher court to review the trial court proceeding where the decision may be reversed or review

Summon

a writ commanding an authorized person to notify a party to appear in court to answer a complaint made against him

Subpoena

an order that requires a person to attend at a specific time and place to testify as a witness

Subpoena Duces Tecum

a court order that forces a witness to testify in a trial with necessary documents

Search Warrant

a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and produce them in court

Warrant of Arrest

a written order form a magistrate commanding someone to take the body of the person accused, to be dealt with according to the law

Felonies

acts or omissions punishable by law

Deceit or Dolo

deliberate intent

Fault or Culpa

results from imprudence, negligence lack of foresight

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Ignorantia Legis Neminem Excusat

ignorance of the law excuses no one

Obligation

act of binding oneself to do something

Jurisprudence

philosophy of science of law

Constitutional Law

state the principle and provisions for establishment of specific law

Legislature

the congress body responsible for enacting laws

Statutory Law

law enacted by this body

Judiciary System

responsible for reconciling controversies and conflicts

Good Samaritan Law

law that holds physicians and radtechs harmless when rendering aid to a person in emergency situation

Narcotic Law

law with its primary purpose is to control and suppress the illegal use and distribution of narcotics

Will

a legal declaration of a person’s intention upon death

Testator

one who makes the will

Litigation

process of the lawsuit

Euthanasia

mercy killing is the act of painlessly putting to death of person who is suffering from incurable or dispressing disease

Mala Inse

act is a wrongful from the very beginning

Mala Prohibita

a law that prohibits the act

Legal Right

a claim which can be enforces by legal means against a person whose duty is to respect it

Civil Case

complainant or defendant

Criminal Case

plaintiff or accused

Due Process

a fair and orderly process which aims to protect and enforce a person’s right

Hearsay Evidence

rumors not admissible as evidence

Perjury

the willful telling of a lie under oath

Dying Declaration

considered hearsay unless the dying person is a victim of a crime

Holographic Will

a will which is written, dated and signed by the hand of the testator himself

Breach of Contract

the failure, without legal cause to perform any promise which forms the whole part or parts of a contract

Cause

a ground of legal action

Consent

approval, permission or agreement

Consideration

the price, motive or matter of inducement of a contract and refers to a fee, salary or reward

Abortion

the expulsion of the product of conception before the fetus is viable

Crime

an offense against persons or property against the public

Slander

untruthful oral statement about a person that subjects him to ridicule or wrong defamation

Libel

untruthful written statement about a person that subjects him to ridicule; there must be a second person to hear or read the comment

Invasion of Privacy

a wrong that involve the right of person to be let alone

Fraud

will and purposeful misconduct that could or has caused loss or harm to person or property; false presentation of some fact

Misdemeanor

punishable with fines and imprisonment or both for less than a year

First Degree Murder

illegally killing another person with motive

Second Degree Murder

killing another person without previous deliberation

Deceit

the fraudulent withholding or misrepresenting of facts whereby a person is misled to this injury

Decedent

a person whose property is transmitted through succession, whether or not he left a will

Undue Influence

influenced used directly to procure the will and which amounts to a coercion destroying the free action of the testator

Criminal Intent

the intention to commit a crime

Doctrine of Force Majeure

act of God; no person shall be held responsible for those events which could not be foreseen on for which, though foreseen, were inevitable like natural calamities

Doctrine of Respondent Superior

let the master answer for the acts of the subordinate

Doctrine of Res Ipsa Loquitur

the defendant is presumed to be negligent where the instrumentality causing another’s injury was in the defendant’s control