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8/3/2019 My Report in Jurisprudence
http://slidepdf.com/reader/full/my-report-in-jurisprudence 1/45
JURISPRUDENCEJURISPRUDENCE
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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.
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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
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1. Misdemeanor (not in amount
to felony) (Lesser Crime)
2. Felonies (Heinous Crime)
II. CRIMES II. CRIMESB. Types
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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)
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ActusActus RheusRheus--Evil ActEvil Act
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III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE
B. Requisites of Fault (Culpa)
1.Freedom
2.Intelligence
3.Imprudence (Lack of skill),
Negligence (lack of foresight)
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III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE III. ELEMENTS OF FELONIES OR CRIMINAL OFFENSE
C. Elements of Felonies
1.Act/ Omission
2.Punishable by Revised Penal
Code
3.By Dolo/Culpa
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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
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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
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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.
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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
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A.Principal (doer, mastermind)
B.Accomplice (Before the crime)
C.Accessories (After the crime)
VI. MEMBERS OF A CRIME: VI. MEMBERS OF A CRIME:
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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.
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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
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QUESTION:QUESTION:
Who is the accomplice?Who is the accomplice?
a. Magda
b. Ana
c. Congressman Zamora
d. Wilma
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QUESTION:QUESTION:
Who isWho is the accessory?the accessory?
a. Magda
b. Anac. Congressman Zamora
d. Wilma
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QUESTIONQUESTION::
TheThe circumstancecircumstance thatthat affectsaffectsthethe saidsaid situationsituation isis::
a. Justifying
b. Mitigating
c. Exempting
d. Aggravating
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QUESTIONQUESTION::
TheThe gravitygravity ofof thisthis crimecrime isisconsideredconsidered asas::
a. A misdemeanor
b. A less grave felonyc. A grave felony
d. A light felony
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QUESTIONQUESTION::
TheThe actact inin thisthis situationsituation
accordingaccording toto itsits executionexecution isis saidsaid
toto bebe::
a. Consummated
b. Attempted
c. Frustrated
d. Reversed
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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
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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::
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CHOICES:CHOICES:
a. Justifying
b. Mitigating
c. Exempting
d. Aggravating
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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
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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
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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
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VIII. Penalties
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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.
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II. Crimes against Persons
A. Parricide, Infanticide, Murder, Homicide
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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
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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
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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
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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.
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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
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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.
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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
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C. Abortion
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Definition- intentional mutilation of another or depriving him, either
totally or partially, or some essential
organ of reproduction
D. Mutilation
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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.
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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
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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)
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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
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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
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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
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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