my report in jurisprudence

8/3/2019 My Report in Jurisprudence

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JURISPRUDENCEJURISPRUDENCE



I. INTRODUCTION I. INTRODUCTION

A. DEFINITION OF CRIMINAL LAW

-The branch or division of law whichdefines crimes, threats of their nature

and provides for their punishment.



I. I. INTRODUCTION INTRODUCTIONB. Characteristics of Criminal Law

1. General- for all persons in the

country

2. Territorial- within the territory only

3. Prospective- act is not punishableunless theres a new law



1. Misdemeanor (not in amount

to felony) (Lesser Crime)

2. Felonies (Heinous Crime)

II. CRIMES II. CRIMESB. Types



1.Evil or Criminal Intent

2.Freedom

3.Intelligence

III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE

A. Requisites of Mens Rhea (Malice or Dolo orDeceit)(Evil Mind)



ActusActus RheusRheus--Evil ActEvil Act




B. Requisites of Fault (Culpa)

1.Freedom

2.Intelligence

3.Imprudence (Lack of skill),

Negligence (lack of foresight)




C. Elements of Felonies

1.Act/ Omission

2.Punishable by Revised Penal

Code

3.By Dolo/Culpa



1.Grave- Reclusion Perpetua

2.Less Grave- Prison

Correctional

3.Light Felonies- Arresto Menor

IV. CLASSES OF FELONIES IV. CLASSES OF FELONIES

A. Based on Degree of Punishment



IV. CLASSES OF FELONIES IV. CLASSES OF FELONIES

B. Based on Degree of Execution

1. Consummated- Completed

Crime

2. Frustrated- Incomplete

Crime

3. Attempted- Plan only



V. CIRCUMSTANCES AFFECTING LIABILITY V. CIRCUMSTANCES AFFECTING LIABILITY

A. Justifying- Occurs when the event is

considered as legal and

not a crime. The event is considered legal

when it is done in the protection of his or

another persons rights.



V. CIRCUMSTANCES AFFECTING LIABILITY V. CIRCUMSTANCES AFFECTING LIABILITY B

. Exempting-elements of Mens Rhea are

incomplete.

C. Mitigating

-A situation that makes the offender

less guilty

D. Aggravating

- A situation that makes the offender

guiltier



A.Principal (doer, mastermind)

B.Accomplice (Before the crime)

C.Accessories (After the crime)

VI. MEMBERS OF A CRIME: VI. MEMBERS OF A CRIME:



SITUATION:SITUATION:Nurse Wilma was paid half a million

pesos by congressman Zamora tokill a patient in the hospital. The

patient was an ambush survivor.

Nurse Wilma overdosed the client

with depressant drugs that lead torespiratory arrest. He conspires

with her best friend, Magda to hide

evidences that will lead to

litigations. Ana the pharmacistprovide her 10 (5mg/ml- 10ml) vials of

Diazepam but only to record a

single vial. The ambush survivor

died after respiratory arrest.



QUESTION:QUESTION:

Who is/are the principal/s?Who is/are the principal/s?

a. Magda

b. Congressman Zamorac. Congressman Zamora and Wilma

d. Nurse Wilma



QUESTION:QUESTION:

Who is the accomplice?Who is the accomplice?

a. Magda

b. Ana

c. Congressman Zamora

d. Wilma



QUESTION:QUESTION:

Who isWho is the accessory?the accessory?

a. Magda

b. Anac. Congressman Zamora

d. Wilma



QUESTIONQUESTION::

TheThe circumstancecircumstance thatthat affectsaffectsthethe saidsaid situationsituation isis::

a. Justifying

b. Mitigating

c. Exempting

d. Aggravating



QUESTIONQUESTION::

TheThe gravitygravity ofof thisthis crimecrime isisconsideredconsidered asas::

a. A misdemeanor

b. A less grave felonyc. A grave felony

d. A light felony



QUESTIONQUESTION::

TheThe actact inin thisthis situationsituation

accordingaccording toto itsits executionexecution isis saidsaid

toto bebe::

a. Consummated

b. Attempted

c. Frustrated

d. Reversed



QUESTIONQUESTION::

InIn anyany casecase thatthat Wilma,Wilma, failedfailed toto killkill thethe

ambushambush survivorsurvivor becausebecause thethe drugsdrugs werewere

notnot potentpotent enoughenough toto causecause respiratoryrespiratory

arrest,arrest, thethe actact ofof thethe crimecrime accordingaccording toto

itsits executionexecution isis consideredconsidered asas::

a. Consummated

b. Frustratedc. Attempted

d. Reversed



QUESTIONQUESTION::

MrMr.. Zamora,Zamora, aa congressmancongressman andand aaholderholder ofof aa publicpublic positionposition waswas

sentencedsentenced toto lifelife imprisonmentimprisonment.. WhileWhile

Wilma,Wilma, waswas sentencedsentenced toto 2525 yearsyears

imprisonmentimprisonment.. NurseNurse WilmaWilma confessedconfessed totothethe courtcourt aboutabout everythingeverything.. SheShe

surrenderedsurrendered herselfherself afterafter thethe crimecrime waswas

committedcommitted andand confessedconfessed.. IfIf thethe

criminalcriminal shouldshould confess,confess, thethecircumstancecircumstance ofof thethe saidsaid actact isis saidsaid toto

bebe::



CHOICES:CHOICES:

a. Justifying

b. Mitigating

c. Exempting

d. Aggravating



QUESTIONQUESTION::

Mr. Zamora was penalized andMr. Zamora was penalized and

sentenced to life imprisonment.sentenced to life imprisonment.

The circumstance that affectedThe circumstance that affected

the court decision is said to be:the court decision is said to be:a. Justifying

b. Mitigating

c. Exemptingd. Aggravating



QUESTIONQUESTION::

TheThe pharmacistpharmacist saidsaid thatthat nightnight thethe

incident,incident, 33 ofof MrMr.. Zamora·sZamora·s bodybody guardguard isis

pointingpointing aa gungun atat herher headhead thatthat isis whywhy

sheshe gavegave 1010 vialsvials diazepamdiazepam insteadinstead ofof just just

givinggiving oneone.. TheThe bodybody confessedconfessed thatthat itit

waswas truetrue.. TheThe circumstancecircumstance inin thethe actact

committedcommitted byby thethe pharmacistpharmacist waswas saidsaid toto

bebe::

a. Justifyingb. Mitigating

c. Exempting

d. Aggravating



VII. Elements of Accident, Irresistible Fear,

Uncontrollable Fear, Insuperable Cause

A. Accident- Lawful act, with due care, accident, nofault or intention

B. Irresistible Fear- Compulsion by physical force,

irresistible, from third person, threat is of an evilgreater than that which he is required to commit

C. Insuperable Cause- an act is required by law to

be done, person fails to perform such act, failureperform such act is due to lawful cause



VIII. Penalties



I. Crimes Against Public interest

IX. Extinction of Criminal Liability

Crimes related to Nursing Practice

A. Falsification by Public officer, Employee

Notary or Ecclesiastical Minister

B. Falsification by Private Individual and Use of

Falsified Documents

C. False Medical Certificates, False Certificates of

Merits or Service, etc.



II. Crimes against Persons

A. Parricide, Infanticide, Murder, Homicide



BOARD QUESTION 2011BOARD QUESTION 2011

Euthanasia is the practice of painlessly putting to death

a person suffering from incurable disease. It may be

active or passive. Which of the following is NOT an

example of passive euthanasia?

A. Doctor prescribed drugs with the understandingthat the patient plans to use them to overdose fatally

B. A patient is not resuscitated when the heart

stopped

C. Withdrawal of life-support equipment

D. Physician administered a lethal injection to

patient



1. Assisted Suicide- Any person who shall assistanother to commit suicide

2. Euthanasia (Mercy Killing)- is the practice of

painlessly putting to death a person sufferingfrom some incurable disease

3. Oregon, Netherlands, Belgium, Switzerland-

assisted suicide is legal

B. Assisted Suicide and Euthanasia




Euthanasia is the practice of painlessly putting to death a

person suffering from incurable disease. It may be active or

passive. Which of the following is NOT an example of

passive euthanasia?



stopped



patient



PASSIVE EUTHANASIAPASSIVE EUTHANASIA

It can also be passive, in cases whereIt can also be passive, in cases wherea physician doesnt resuscitate aa physician doesnt resuscitate a

patient whose heart has stopped.patient whose heart has stopped.

Or it can happen when a doctorOr it can happen when a doctorremoves liferemoves life--support equipment.support equipment.

Source:

Page 216,

Fundamentals of Nursing Law, Jurisprudence and Ethics

2008 by Belosillo et., al.







passive euthanasia?



stopped



patient



ASSISTED SUICIDEASSISTED SUICIDE

For example, a doctor mayFor example, a doctor mayprescribe drugs with theprescribe drugs with theunderstanding that the patientunderstanding that the patientplans to use them to overdoseplans to use them to overdosefatallyfatally

Source:

Page 216,

Fundamentals of Nursing Law, Jurisprudence and Ethics

2008 by Belosillo et., al.







passive euthanasia?



stopped



patient



C. Abortion



Definition- intentional mutilation of another or depriving him, either

totally or partially, or some essential

organ of reproduction

D. Mutilation



1. Serious Physical Injurieswound, beat, assault another that cause a person to

become imbecile, impotent, or blind, lost a body part and

become incapacitated for more than 90 days

E. Injuries

2. Administering Injurious Substances

Any person w/o intent to kill, shall inflict upon any

serious, physical injury, by knowingly administering any

injurious substance.



D. Less Serious Physical Injuries

-Incapacitation of a person for 10 days or more

E. Slight Physical Injuries and Maltreatment-Incapacitation of person from 1 day to 9 days

E. Injuries



1. Carnal Knowledge- act of a man in

having sexual bodily connection with

woman.

2. Use of Force or intimidation

3. Victim is less than 12 years of age

F. Rape ( Elements)



A.Kidnapping and Serious Illegal Detention

-Depriving a person of his liberty for more

than 3 days

B. Slight Illegal Detention

-Depriving a person of his liberty within3

days

III. Crimes against Personal Liberty

and Security



A. Libelpublic and malicious imputation of a crime,

or of a vice or defect, real or imaginary

tending to dishonor a personcommitted by writing

B. Slander

oral defamation

IV. Crimes against Honor



Criminal negligence-negligence that is

punishable by law

Simple negligence or imprudence- person

shows lack of precaution but the damage is

not immediate

V. Quasi-offenses

A. Imprudence and Negligence



Reckless negligence or imprudence-

person does not act or fails to do an actand the damage is immediate

Medical malpractice suit- type of claim

which a victim has available to him

V. Quasi-offenses

A. Imprudence and Negligence