Juris Prelims

8/6/2019 Juris Prelims

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LAW AND ITS CLASSIFICATION

LAW - a rule of civil conduct prescribed by thesupreme power in a state, commanding

what is right and prohibiting what is wrong.

- set of rules established by a governing

power to guide actions, regulate conduct

of the people & impose sanctions for

violation or non-compliance thereof.

- from latin word LEXIgnorantia legis non excusat = latin word meaning

Ignorance of the law excuses no one


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LAWS accdg. To the SOURCE OF AUTHORITY:

1. DIVINE LAW - promulgated by our CREATOR1.1 Natural Law an integral part of nature

because it is immutable & inherent in the nature

of man or every element or part of the universe

Ex. Ten Commandments

2. HUMAN LAW authored by man.

2.1 Positive Law percept made and imposed by

someone in authority.

A. PUBLIC LAW - branch or dept. of law which isconcerned w/ the state in its political capacity.


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1. Criminal law - branch of jurisprudence which

teaches of the nature, extent &degrees of every crime and adjusts to

its adequate and necessary penalty.

2. Civil Service law branch of law which deals

with the civil service in all branches,subdivisions, instrumentalities, and

agencies of the government.

3. Labor law branch of law that governs and

regulates the relationship ofemployers & employees.

(labor legislation)


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4. Political law branch of jurisprudence whichtreats of the science of politics or the

organization of government.

4.1 Constitutional law

law which treats of constitutions,

their establishments, construction &

interpretation & of the validity of

legal enactments as tested by thecriterion of conformity to the

fundamental law.


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4.2 Administrative law

fixes the organization and determines

the competence of the authorities

w/c execute the law and indicates

to the individual the remedies for the

violation of his rights.4.3 Case law body of prevailing

jurisprudence; decisions of the supreme

court interpreting the laws/constitution

or applying them to certain sets of factsor actual cases and controversies.


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5. International law - the law of nations;

regulates the intercourse of nations5.1 Public International law5.2 Private International law

B. INDIVIDUAL/PRIVATE LAW - indicate astatute which relates to private mattersthat do not concern the public at large.

1. Civil law - has the double purpose of

organizing the family and regulatingproperties; law that deals withrelations between individuals.


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2. Commercial/Mercantile law - relates to therights of property and the relations

of persons engaged in commerce.

3. Remedial/Procedural law - prescribes

method of enforcing rights or of

obtaining redress for their invasion.


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COMMON EXTRAORDINARY REMEDIES ARE THEFOLLOWING WRITS: ( Rule of action/mandatory)

1. Certiorari a writ of review, issued by a superior

court to an inferior court for review of trial

before verdict.

2. Prohibition a writ issued by a superior court toan inferior court to prevent the latter fromexceeding its jurisdiction.

3.Mandamus a command of a court, public officer,corporation or person, requiring it to him

to do some particular thing which pertains

to its or his office or duty.


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4. Quo warranto the government begins its action

to recover an office or franchise from theperson or corporation in possession of it.

TERMS TO REMEMBER :

Process compelling the defendant in an action to

appear in court

Defendant the person or party defending in an

action or suit

Plaintiff the party to a civil suit who brings theseeking damages or other legal relief;

Complainant


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Damage loss, injury or deterioration caused to ones

person or property by the negligence,design oraccident of another.

Damages compensation in money recoverable for a

loss or damage, or for a wrong or injury.

PROCESS MOST COMMONLY SERVED:

A. WARRANT - a writing which is a judicial orderauthorizing arrest, search or any other designated act, inaid of the administration of justice.

B. SEARCH WARRANT a warrant directing an officerto search a house or other specified time and date, toanswer a complaint made against him .


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C. SUBPOENA an order directed to a person requiringhis attendance at a particular time and place to testify asa witness.

D. SUBPOENA DUCES TECUM Does not only compelthe personal attendance of a witness in court but alsorequires such witness to bring with him & produce to the

court, the required books, papers, and the like whichmaybe in his hands or possession


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BRANCHES OF LAW DIRECTLY APPLICABLE TONURSES

1. Constitutional law 5. Administrative law

2. Criminal law 6. Civil Service law3. Civil law 7. Case law

4. Labor law


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DEFINITION OF TERMS :

JURISPRUDENCE the philosophy of law or sciencewhich treats of the principles of positive law andlegal relations

JURIS- oral legal tradition and to functional applicationsof law

PRUDENCE - one who behaves prudently or wiselyNURSING JURISPRUDENCE

= Comprises of all laws, rules, doctrines, and principles,

legal opinions and decisions of competent authorityregarding governance and regulation of the practice ofnursing


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NURSING LEGISLATION

= the act or process of making laws affecting the science,art and practice of nursing.

PROFESSIONAL ETHICS

= deals with the moral and ethical behavior of nurses in

the practice of nursing profession.

MEDICAL ETHICS

=concerned with or perceived as the supreme or dominantmoral principles in the health care system.


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NURSING ETHICSy ETHICS > came from the greek word

ethos which means moral duty

> a standard to examine andunderstand moral life.

The ethical systems that guide human

conduct:

1. Ethical theories

2. Principles

3. Codes of conduct


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COURT OF LAW

= any duly constituted tribunal administering the laws ofthe state or nation

COURT OF EQUITY

= administers justice and decides controversies with the

rules, principles and precedents of equity.COMPETENT COURT

= a court having lawful jurisdiction

JURISDICTION= the authority to hear and decide a legal controversy


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License to Practice NursingLICENSE is a legal document given by the

government that permits a person to offer to the

public his/her skills and knowledge inparticular jurisdiction, where such practice

would otherwise be unlawful without a license.

REGISTRATION is the recording of names

of persons who have qualified under the law to

practice their respective professions.


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PURPOSE OF REGISTRATIONPrimary purpose of registration is to protect thehealth of the people by establishing minimumstandards which qualified practitioners must

meet.REGISTRATION REQUIREMENT

Under the Philippine Nursing Act of 2002,

RA 9173, Sec.12 & 20 state that license topractice nursing shall be issued to those whopass the licensure exam or by reciprocity.


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RECIPROCITY means mutuality in thegrant and enjoyment of privileges

between persons and nations.

Based on the principle do ut des whichmeans that for a country to expect a favor

from another, it should be willing to give

a corresponding favor.Read specific provisions (p.12 Venzon)


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Practice through Special/TemporaryPermit shall be issued by the Board and

approved by the Commission.

That, it shall be effective only for theduration of the project, medical mission,

or employment contract.

Read RA 9173 Sec. 21, (p.12 Venzon)


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INFORMATIONFROMTHEREGISTRATION

BOOK:1. Full name of registrant

2. Number and date of registration

3. Age, sex and place of birth4. Place of business

5. Post office address

6. Name of school, college or university from which

he/she graduated or studied

7. Date of graduation or term of study

8. All other degrees granted to him/her from

other institutions of learning.


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Registration by Examination

Certification of registration and

professional identification card to practicenursing shall pass a written examination

given by the Board. Such examination

must be in accordance with RA # 8981.


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Qualifications for Admission to theLicensure Examination

1. Citizen of the Philippines

2. Is of good moral Character

3. BSN from a university/college duly

recognized by the proper government

agency.


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REQUIREMENTS FOREXAMINATION1. Original TORwith Special Order and

date of graduation from CHED

2. Summary ofRLE and Rotation Plansigned by duly authorized professionals

3. Cases (OR, DR, Cord Dressing) duly

signed by authorized professional

4. A. Birth cert. (NSO)


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B. Marriage cert. (for married)C. Allien cert. ofNaturalization

D. Clearance showing dismissal of

case from the Court orProsecutors

office, if any.

Note :Filing at the PRC should be 10 days

prior to the first day of the examination.


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CITIZENSHIPREQUIREMENTS:

Those who are citizen of the Philippines @the time of the adoption of this constitution

Those who elect Philippine citizenship

pursuant to provisions of the constitution of1935.

A female citizen of the Philippines who

marries an alien shall retain her citizenshipunless by her act or omission deemed underthe law , renounced her citizenship


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y

Citizenship may be lost or re-acquired inthe manner provided for the law.

JUS SANGUINIS DOCTRINE

The nationality of a person is determineby the law of his descent or parentage; the

child follows the citizenship of his father.

A natural born citizen from birth


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JUS SOLI DOCTRINEyThe nationality of the person is determined by

the law of the place of his birth.A child born

in a foreign country whatever the citizenship

of the father, is a citizen of that country.

NATURALIZATION

Is the act of adopting a foreigner and givinghim the privileges of a native citizen


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SCOPEOFEXAMINATION

5 BOARDAREAS OFNURSING

1. Fundamentals ofNursing

2. Maternal and Child Nursing3. Community Health Nursing

4. Nursing ofAdolescents,Adults and

Aged

5. Mental Health and Psychiatric Nursing


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Which includes Anatomy andPhysiology. Pharmacology and

Therapeutics,Microbiology and Diet

Theraphy.

The examination shall be divided into

4 parts:

1. Promotive 3. Curative

2. Preventive 4. Rehabilitative


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RATINGOFTHENLE(Nursing Licensure Examination)

A general average of 75% with a rating of

not below 60% in any subject.

RENEWALEXAMINATION (RETAKE)

>shall be taken within two years after the

last failed exam.


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RECONSIDERATIONOFRATING

>request should be filed with theCommission ninety (90) days from thedate of the official release of the result.

Grounds :1. Mechanical

2. Clerical

3. Clear errors

4. Malfeasance in the rating of papers


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OATHTAKING

Mass oath taking is within fifteen (15) days

upon the release of the results of the

licensure examination.ANNUALREGISTRATION/RENEWAL

Every practicing professional shall pay a

fee to the Professional RegulationCommission for three (3) years on the

professionals birth month.


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Revocation/suspension of license

of registration


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yDUEPROCESS OFLAW

-Is defined as a Law which hears before

it condemns, which proceeds upon

inquiry and renders judgment only aftertrial

-is a fair and orderly process which aims

to protect and enforce a persons right.


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FUNDAMENTALREQUIREMENTS OF

DUEPROCESS

(Read the constitutional rights of the accused

p.22 23 Venzon)


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y COURT MECHANISM:

y LAWSUIT- proceeding in court for a purpose.

y Purpose:

1. to enforce a right

2. to redress a wrong

y Civil case- Complainant/ defendant

yCriminal case- Plaintiff/ accused


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ySTATUTE OF LIMITATIONS- the

length of time following the eventduring which the plaintiff may file asuit.

yExample: negligence- filed within 2-3 years from occurrence.


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yTRIAL- facts are presented and

determined; law applied at the end.

ySUMMONS- is a writ commandingan authorized person to notify aparty to appear in court to answer acomplaint made against him.


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ySUBPOENA- is an order that requires aperson to attend at a specific time andplace to testify as a witness.

ySUBPOENA DUCES TECUM- is asubpoena that requires a witness tobring documents/ papers in hispossession.

yWITNESS- person giving necessarydetails


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y Nurses as witness:

y Could not divulge PRIVILEGED

COMMUNICATION in a civil case- means that thenurse is incompetent to testify on thecommunications made to him by the patients, allthe device given and all the information gatheredby observation during the seal of secrecy.

y Exceptions:

y 1. criminal case

2. with the patients consent

3. patient sued doctor for damages


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yTestimonies of Facts- factualinformation

yno opinion unless an expert witness

yPERJURY- is the willful telling of alie under oath.


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y

HEARSAY EVIDENCE- rumors, notadmissible in evidence

yDYING DECLARATION- considered

hearsay unless the dying person is avictim of a crime.

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Juris Prelims

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