Post on 24-May-2015
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Law
Private
Public
Contract Torts
Unintertional
Intentional
Negligence/Malpractice Assaul
t
Battery
False Imprisonment
Defamation
LibelSlande
r
Felony
Criminal law
Misdemeanor
Felony an act or omission punishable by lawA serious kind of crimeCommitted not only by means of deceit(dolo)
but by means of fault
Elements of FeloniesThere must be an “act” or “omission” The act or omission should be punishable by
lawThe act is performed or the omission
incurred by means of dolo or culpa
Principal -direct participation - by inducement
- by indispensable cooperation
Accomplice – accessory before the factAccessory – accessory after the fact-profiting themselves or assisting others to profit-concealing, destroying body of the crime,
effects, instruments to prevent its discovery-harboring concealing, assisting the escape of
the principal
Persons criminally liable
Classification of felonies accg to execution Consummated FrustratedAttempted
conspiracy – two or more person agreed and committed the felony; a means by which another person is held liable for the commission of a crime; each criminal is responsible for the acts of his associates provided such act is a result of a common plan.
proposal - a person who decided to commit a felony proposes its execution to another
Classification of felonies accg to the degree of punishmentGrave Felonies 6 yrs & 1 day –life imprisonment fine not exceeding P6,000Less grave Felonies 1 month & 1 day -6 yrs imprisonment fine not exceeding P6,000 but not less than
P200Light Felonies Punishable only when consumated 1 day to 30 days
Circumstances affecting criminal liabilityJustifyingExemptingMitigatingAggravatingAlternating
Justifying CircumstancesFree from criminal and civil liabilitySelf defenseDefense of relatives – up to 4th degree of
cosanguinityDefense of a stranger not induced by
resentment, revenge or other evil motiveWho acts in the fulfillment of dutyWho acts in obedience to an order for some
lawful purposes
Presence of unlawful aggression
lack of sufficient provocation on the person defending himself
reasonable necessity of the means employed to prevent /repel it
. Exempting – no criminal liability only civil liabilitymistake of factAn insane or imbecile unless acted during lucid intervalUnder 9 years of ageOver 9 under 15, unless acted with discernmentWhile performing a lawful act w/ due care causes an
injury by mere accident without fault or intention of doing it
Who acted under the compulsion of an irresistible force from a third person
Impulse of uncontrollable fear Insuperable or lawful cause
Mitigating
Under 18 or over 70No intention to commit so grave a wrongSufficient provocation or threat on the part of
the offended party immediately preceded the act
Voluntary surrenderDeaf, dumb or blind or suffering from
physical defectSuch illness that would diminish the exercise
of his will power
Justiying vs. Exempting circumstances
Justifying Circumstances Exempting Circumstances
1. It affects the act not the actor 1. It affects the actor not the act
2. The act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law
2. The act complained of is actually wrongful, but of the actor is not liable
3. There is no crime 3. There is crime but no dolo and culpa
4. No criminal or civil liability 4. There is criminal liability
Aggravating
Advantage of public positionIn contempt or insult to public authoritiesAbuse of confidence or obvious ungratefulnessCommitted on occasion of epidemic,
conflagration, shipwreck or other calamity or misfortune
In consideration of a price or reward or promiseCommitted by means of fire, explosion, stranding
of a vessel with evident premeditationcraft, fraud or disguise
Alternating ( either mitigating or aggravating)relationship, intoxication, degree of
education
Crimes against persons1. parricide – ascendants, descendants
(legitimate of illegitimate), spouse2. murder – with intent to kill3. homicide – without intent to kill4. infanticide - less than 3 days of age5. child abuse - any form of cruelty to a
child’s moral or metal well being or any form of sexual attack w/c may or may not amount to rape.
7. abused/neglected child – suffering from serious physical or emotional injuries inflicted on them including malnutrition
8. sexual harassment – words, gestures actions w/c tend to annoy and verbally abuse another person
9. simulation of birth – crime against status by substitution of one child with another; concealing or abandoning any legitimate child with intent to lose civil status
10. misdemeanor – use to express every offense inferior to felony and punishable by indictment or by particular prescribed proceedings.
Performing a procedure on a client in the absence of informed consent can lead to which of the following charges?a) fraudb) Harassmentc) Batteryd) breach of confidentiality
The nursing staff is sitting in the lounge taking their morning break. A nurse assistant tells the group that she hear that the unit security has acquired immunodeficiency syndrome (AIDS). The nursing assisting proceeds to tell the nursing staff that the secretary contracted the disease from her husband, who is supposedly a drug addict. Which legal tort has the nursing assistant violated?a) slanderb) Libelc) assaultd) negligence
A 16 year old male robbed a bank killing two (2) security guards with his unlicensed gun. Which concept on crimes will be most applicable to this case?a) consummated, grave felony, exempting
circumstancesb) consummated, less grave felony, mitigating
circumstancec) grave felony, consummated, mitigating
circumstancesd) less grave felony, consummated, exempting
circumstance