NURSING JURISPRUDENCE

Study Interpretation Application of law to the practice of nursing

CIRCUMTANCES AFFECTING LIABILITIES (JEMA) Justifying Circumstances - Ones act is legal 1. Self-Defense (Self-defense, defense of relatives, defense of strangers) 2. In performance of Duty 3. Obedience to lawful order of a superiors Excepting Circumstances - The 3 elements of crime is not present; There is no Intent, Freedom, and Intelligence. 1. Insane/Mentally ill person(Mental Retarded) 2. Minors ages 15 years and below (RA 9344 known as Juvenile Delinquent Law also known as Kiko Pangilingan Law) 3. Irresistible force (no freedom) Mitigating Circumstances - Sentence can be lessen 1. 16-18 years old and 75 years old above 2. Voluntarily surrender 3. No intention to commit the crime i.e. Crime of passion Aggravating Circumstances 1. Use of power/Authority i.e. use of funds 2. Done during a Calamity/Misfortune 3. Qualified theft i.e. once a person do steal from whom he/she was trusted LAW PUBLIC CRIMINAL FELONY MISDEAMINOR CIVIL/PRIVATE CONTRACT TORTS INTENTIONAL UNINTENTIONAL

LAW sum total of all rules and regulation by which a society is govern. Government Branches

1.

2. Legislative Branch Law maker Congress) 3. Judicial Branch Supreme court Board of Nursing Quasi-Judicial Quasi-Legislative

Executive Branch

(Senate

and

CRIME are acts omitted or committed in violation the law. Elements of crime o Intent o Freedom o Intelligence

of

Conspiracy when two or more person agreed to commit a crime. PERSON IN A CRIME PRINCIPLAS doer or mastermind Principal by direct participation one who take direct part in the commission of a crime (Doer). Principal by Inducement or Induction force or induce other to do the crime (Mastermind). Principal by Indispensable cooperation necessary for a crime to be completed. ACCOMPLICES assistant in doing a crime before/during the crime but is not vital in completion of the crime. i.e. serve as watcher/look out ACCESSORIES assistant after the crime primary reason is for profit. i.e. Keeping or burning of evidences STAGES OF COMMISION OF CRIME ATTEMPTED crime was not initiated. FRUSTRATED initiated crime/incomplete/expected outcome wasnt met. CONSUMATED complete crime

1.

PUBLIC o MISDEAMINOR (Minor Crimes) o FELONY (Major Crimes)

Note: Frustration is not applicable for rape case.

2. CIVIL o TORTS Unintentional Torts Negligence failure to do was is opt to 3 Elements Breach Injury/Harm Causation

*Respondent Superior *Captain of the Ship (Surgeon during Operations)

Malpractice stepping beyond authority Intentional Tort Assault verbal threat of harm Battery doing nursing procedures without consents Invasion of Privacy Illegal Detention False Imprisonments Defamation of Character Slander - oral Libel written or imprint o CONTRACT

CRIMINAL

Court of Law

People of the Philippines / Complainant vs. Defendant / accused Plaintiff vs. Respondent Plaintiff vs. Respondent

Penalty Imprisonment and Fines

CIVIL

Court of Law PRCBON

ADMINISTRATIVE

Danyos/ Permission payment of damages Revocation/ Suspension of Licenses

LIABILITIES Court Of Law *Supreme Court *Court of Appeal *Sandigan-Bayan (Government employees/Officials) *Regional Trial Court *Municipal Trial Court