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JURISPRUDENCE
BY: MAE GERALDINE E. DACER
LAW
Etymology : lex
A set of rules established by a governing
power to guide actions, regulate conduct
of the people and impose sanctions for
violation or non-compliance thereof.
Obligatory upon the people because it
commands the people to do right and
prohibits them to do wrong.
Branches of Law
Divine Law : promulgated by our
Creator.
Human Law
* General / Public Law : includes
international law and religious law
* Individual or private law : consists of
civil law, mercantile and procedural law.
Jurisprudence
Etymology : juris (oral legal tradition
and to functional applications of Law, to
and in particular sets of facts ans
circumstances); prudentia (one who
behaves prudently or wisely because he
has knowledge of the possible
consequences of a particular action).
Jurisprudence (cont)
Denotes or pertains to the judicial
precedent or the course or established
decisions of the Supreme Court.
NURSING
JURISPRUDENCE-
department of law which comprise
all legal rules and principles
affecting the practice of nursing.
NURSING LEGISLATION
the making of laws, or the body of
laws already affecting the practice
of nursing.
LEGAL RIGHT
a claim which can
be enforced by
legal means
against a person
whose duty is to
respect it.
COURT MECHANISM:
LAWSUIT- proceeding in court for a
purpose.
Purpose:
1. to enforce a right
2. to redress a wrong
Q:If you think that a person has
done something seriously wrong to
you, the correct action to do get
redress for the injury received is to:
A. complainant
B. accused
C. defendant
D. plaintiff
STATUTE OF LIMITATIONS
- the length of time following the
event during which the plaintiff
may file a suit.
Example: negligence- filed within
1. Right to
be informed
2. Right to remain silent
3. Right to a competent
counsel
4. No use of violence, threat,
torture
PRE-TRIAL- eliminate matters not
in dispute, agree on issues or
settle procedural matters.
a. Warrant
b. Subpoena
c. Subpoena duces tecum
d. Summons
WITNESS- person giving
necessary details
Nurses as witness:
EXECUTION OF JUDGMENT
- Failure to comply means contempt of court
FELONIES
- acts or omissions punishable by law.
- An offense more serious than a misdemeanor, often
A. grave
B. less grave
C. light felony
Q: If the fine is exactly P200.,
what is the degree?
A. grave
B. less grave
C. light felony
CLASSIFICATION OF PERSONS
CRIMINALLY LIABLE:
1. PRINCIPAL
a. By direct
participation-
doer of the act
b. By inducement-directly force or
induce others
c. By cooperation- indispensable
2. ACCOMPLICE
-a person who cooperates
“ accessory before the fact”- absent
at the time crime is committed.
3. ACCESSORY
“ accessory after the fact”
a. Profits
b. Conceals/ destroys evidence
c. Assists in the escape of the principal
Situation: Danaya is two-months
pregnant. Her parents do not know
this. Danaya informed her friend
Alena about the problem. Alena
referred Danaya to Pirena , an
abortionist. Danaya had an
abortion.
If those involved will be charged
legally, who is considered as the
principal?
a. Danaya b.Alena
c. Pirena d. None of them
Who is considered as an
accomplice?
a. Danaya b.Alena
c. Pirena d. None of them
If during the investigation, the
pieces of evidence were not found
because Gurna the maid of Pirena
burned it. Gurna is consider as:
a. accomplice b. accessory
c. principal d. co-principal
A nurse is liable as an accomplice in
an abortion if she:
a. Assist in the escape of the offender
b. Refers the pregnant mother to the
abortionist
c. Conceals the evidence of the crime
d. None of these
Circumstances
affecting
criminal
liability
J-E-M-A-A
JUSTIFYING
SELF-DEFENSE
Unlawful aggression
Reasonable necessity
Fulfillment of Duty
Obedience to an order from superior
Order must be lawful
practice
EXEMPTING
I nsane/imbecile
Performance of a lawful act causes
injury by mere accident
Under 9 y/o
Under compulsion of uncontrollable
force
Under impulse of uncontrollable fear
Failure to perform an act required by
law when prevented by some lawful
cause
MITIGATING
Under 18y/o or over 70 y/o
No intention to commit so grave a
wrong
Sufficient provocation/threat preceding
the act
Immediate vindication of a grave
offense
Voluntary surrender
Deaf & dumb/ with physical defect
Suffer from such illness that diminishes
willpower
AGGRAVATING
Treachery/taking advantage of
superior strength or position
Price, reward, promise
Use of fire, poison, explosion
Calamities
Craft, fraud or disguise
employed
Evident Premeditation
Cruelty
ALTERNATIVE
May increase/ decrease criminal
liability depending on the nature
and effects of the crime
Relationship
Intoxication
Degree of instruction/ education
DRILLS
1. Under compulsion of
uncontrollable force
2. There is sufficient provocation
3. Act is committed with abuse of
confidence
4. Fulfillment of a duty
5. Offender is over 70 years old
6. Voluntary surrender
7. Disguise be employed
8. Defense of a stranger
9. Acts under the impulse of an
uncontrollable fear
10. Offender is insane
Q: Premeditating to commit a
crime is considered as:
A. justifying
B. mitigating
C. aggravating
D. exempting
Q: When the defendant kills
someone accidentally:
A. justifying
B. exempting
C. aggravating
D. mitigating
CRIMES CONCERNING
THE NURSE
-the victim or
offender is the
1. father
2. mother
3. brothers/sisters
4. ascendants
5. descendants
6. spouse
The killing of another human
being
-The killing of another human being with
any of the aggravating circumstances
provided by law.
treachery
- the killing of an
infant less than
three days
or 72 hours.
ACTS OF LASCIVIOUSNESS
MALICIOUS MISCHIEF
PHYSICAL INJURIES
1. Serious Physical
Injuries
2. Less Serious
Physical Injuries
3. Slight Physical
Injuries
ANTI- RAPE LAW (RA 8353)
I.
A. MARITAL RAPE
B. STATUTORY
RAPE
II. Anyone who inserts his penis into
the oral orifice of another by force
is liable under this law.
III. Anyone who
inserts anything
into the anal
orifice or genitalia
of another is
liable under this
law.
ROBBERY
- Anyone who gets
the personal
property of
another with the
use of
force,violence or
intimidation.
THEFT
-anyone who gets
the personal
property of
another without
the latter’s
permission.
ASSAULT
- imminent threat
of harmful/
offensive body
contact
BATTERY
- intentional,
unconsented
touching of
another person.
ILLEGAL DETENTION/ FALSE
IMPRISONMENT
-Deprive another
of his freedom of
movement or space.
Patient restraint
SIMULATION OF BIRTH
1. Pretend that
a woman gave
birth
2. Substitution or
exchanging of
babies in the
nursery
3. intentionally
putting wrong
information in
the birth
registration
form
DEFAMATION
1. Slander- oral
2. Libel- written
Q: The nurse writes the following note in
the client’s chart “ The physician is
incompetent because he ordered the
wrong drug dosage”.This statement
may lead to a charge of:
a. Assault
b. slander
c. libel
d. Invasion of privacy
INVASION OF PRIVACY
THE RIGHT TO BE LEFT ALONE, FREE
FROM UNWARRANTED PUBLICITY,
RIGHT TO LIVE ONE’S LIFE
* Nurses liable if they divulge any
information from patient’s chart
to improper or unauthorized
persons.
MISDEMEANOR
An act less than a felony.
Q: A person uses the license of
another person to practice nursing.
Liable for What?
A. negligence
B. malpractice
C. misdemeanor
D. invasion of privacy
DRILLS
1. A student nurse is overheard
talking in the cafeteria about a
client and his suicidal tendencies.
2. A nurse asks a client why he chose
Dr. Smith for her physician when
this doctor is always rude to the
staff.
3. A client is told he must pay the
remainder of his medical bill before he
can leave the facility.
4. A nurse told the client that she will
inject her with sedatives if he does not
cooperate.
5. A nurse forcibly opened the mouth of a
pedia patient and gave his medication.
6. A nurse takes the wallet of the
patient while the latter is sleeping.
7. A nurse takes the wallet of the
patient with the use of violence
and intimidation.
8. A nurse gives a potent injection
of morphine to a patient causing
his death.
9. A nurse poisons his client to end
his life.
10. A patient died because of wrong
medication given.
GUIDELINES TO PREVENT
CRIMINAL LIABILITY:
appropriate assistance
interventions
2. Medication
errors
observe 7 R’s of drug
administration
Check dr’s order
Understand the
medication you will
administer
Consult drug
handbook/ pharmacy
Not exempt from
liability for following
dr’s order
A co-nurse confided that she has given
a medication to the wrong patient.
What will you do?
a. advise her to report the incident to the head
nurse
b. advise her to keep quiet about what
happened
c. accompany her to the head nurse to report
the incident
d. report her immediately to the head nurse
3. Equipment
injuries
refuse to use a device
not know how to operate
report adverse events
to superiors
monitor patient regularly
bring questionable
orders to the attention
of the doctor or superior
Failure to communicate
promptly report proper
changes in the documentation
patient’s of all
symptoms and assessments
signs of distress and telephone
to the Dr conversations
with the Dr
NURSES AND CONTRACTS
1. Consent
2. Object certain
3. Cause of the obligation
Types of Contract:
1. Implied- terms are inferred from
actions of contracting parties.
2. Expressed- verbal/ written, terms
are specified/ given at the time the
contract is made.
3. Void or inexistent- inexistent from the
very beginning therefore may not be
enforced. Ex: contrary to law.
4. Illegal - expressly prohibited by law like
obtained through fraud, undue influence
or duress.
5. Voidable/annullable- one of the parties
is incapable of giving consent
5. Formal- agreement among parties
and is required to be in writing by
special laws. Ex: marriage, Deed of
sale
6. Informal- concluded as a result of
a written document where the law
does not require the same to be in
writing.
Q: A person entered the clinic of a doctor
for treatment.What type of contract?
A. formal
B. implied
C. informal
D. expressed
Q: A nurse and a pregnant woman agreed
that the nurse will do home delivery for a
fee. What type of contract?
A. informal
B. implied
C. expressed
D. formal
BREACH OF CONTRACT- failure
without legal excuse to
perform any promise which
forms the contract.
The following constitute breach
of contract for nursing service:
1. Prevention of performance
2. Failure of performance because of
inconvenience or difficulty
3. Abandonment of duty
4. Substitution of performance
Legal excuses in refusing or
failure to perform a contract:
1. Discovery of material
misrepresentation
2. Where performance will be illegal
3. Impossible by reason of illness
4. Impossible by death of patient or
nurse
5. Made for other reasons
6. Contract is insufficient
Will
an act whereby a
person is
permitted with
formalities of law
to control to
certain degree the
disposition of a
state to take
effect after his
death.
DECEDENT- person whose property is
transmitted through succession.
TESTATOR- a decedent who left a will
HEIR- a person called to succession
TYPES OF SUCCESSION:
1. Testate- a person dies leaving a
will.
2. Intestate- a person dies without
leaving a will.
:
TWO KINDS
1. Notarial will- acknowledged before
a notary public, with attestation clause
2. Holographic will- entirely written,
dated and signed in the handwriting of
the testator
Who makes wills:
1. Note the
soundness of
client’s mind and
to ensure that
there is freedom
from fraud/
undue influence.
2. Note that the will is signed by the
testator.
3. Note that the witnesses shall be
present at the time and sign in the
presence of testator.
GIFTS MORTIS CAUSA
disposing of gifts
by a person in
anticipation of
death/ belief in
approaching
death.
Limitations:
1. limited to personal properties
2. acceptance by the recipient
3. gifts are revocable and subject to
the claims of creditors without
proof of intent of defrauding them
BOARD QUESTIONS:
1. The nurse out of pity unhooked the
patient from a respirator. The patient
died after 15 minutes. This type of
felony is:
a. consummated
b. frustrated
c. attempted
2. Circumstances which are said to
be in accordance with the law are
said to be:
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
3. All of the following are exempting
circumstances except:
a. Imbecile
b. 8 year old
c. performance of a lawful act
d. offender is deaf and dumb
4. When a politician takes advantage of
his power in the performance of
unlawful actions, this is considered
as:
a. justifying circumstance
b. exempting circumstance
c. mitigating circumstance
d. aggravating circumstance
5. When one alters a record to conceal
possible evidence of negligence,
she can be charged as:
a. accomplice
b. accessory
c. principal
d. co-principal
BOARD QUESTIONS:
1. A client in a long term care facility refuses to
take his oral medications. The nurse threatens
the client and tells him that, if the medication
isn’t taken, restraints will be applied. The
nurse’s statement constitutes which legal tort?
a. assault
b. battery
c. negligence
d. right to refuse treatment
2. The nurse is at risk for lawsuit. Which of the
following actions will shield her from
possible lawsuits?
1. knowledge and implementation of standards
of care
2. documentation of actions accurately and
concisely
3. document outcome of care
4. following all doctor’s order
a. 1,2,4 b. 2 & 3 c. 1,2,3 d. 2,3,4
3. One of the midwives in the health
center injected Cotrimoxazole to a 5
year old patient without the consent of
the parents. Which of the following
can the midwife be possibly accused
of?
a. malpractice
b. battery
c. negligence
d. assault
4. If that nurse divulges the information
that she is caring for the child of a
patient with sexually transmitted
disease, she can be liable for:
a. libel
b. slander
c. tort
d. invasion of privacy
5. Two janitors were having a heated argument
as to who shall dispose the waste of a
patient with typhoid fever. The first one
called the other “lazybone” and “pain in the
neck” within the hearing of the rest of the
nurses.The case is:
a. libel
b. invasion of privacy
c. slander
d. negligence
6. Should the accusation be written
in the newsletter of the hospital,
such liability is a:
a. assault
b. libel
c. slander
d. battery
7. The nurse observed that in the hospital where she
worked, it is a practice to accept medical orders by
telephone. In this aspect, she should remember the
following:
a. T.O should be countersigned by the attending physician
at the first opportunity to make it legal order
b. T.O are risky and should not be accepted
c. The nurse could write on the the doctor’s order sheet
the exact date, time and full name of the dr giving
the order
d. The nurse can sign for the doctor on the order sheet
a. 1,4 b. 1,2 c. 3 only d. 1, 3
8. The nurse noticed that restraining patients is a
common practice. Which of the following
should she remember?
a. Restraints are necessary so that the nurse
could do more work for patients
b. Use of restraints is an effective intervention
c. Restraints require a physician’s order
d. Refusal to be restrained is a ground for
terminating the nurse-patient relationship
9. Patient records are very important in court
litigations. Which of the following safeguards
should be adopted by the nurse?
A. follow standard charting
b. photocopy pt’s chart before submitting to
the medical records Office
c. maintain a logbook of potential legal case
all of the above