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JURIS Flashcards

1
Q
  1. Dental Jurisprudence is defined as:
    a. study of general conduct in the dental office
    b. study of rates for dental procedures
    c. study of all laws, rules and regulations, legal principles and doctrines governing and regulating dental practice
    d. study of moral obligations of dentists
    e. none of the above
A

c. study of all laws, rules and regulations, legal principles and doctrines governing and regulating dental practice

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2
Q
  1. The supreme law of the land is called:
    a. Republic Act
    b. Batas Pambansa
    c. Executive Order
    d. Administrative Order
    e. Constitution (1987 Constitution)
A

e. Constitution (1987 Constitution)

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3
Q
  1. These are laws passed by Congress:
    a. Statutes - Republic Acts, Batas Pambansa
    b. Administrative issuances
    c. Congressional resolutions
    d. Executive Orders
    e. Constitution
A

a. Statutes - Republic Acts, Batas Pambansa

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4
Q
  1. All of these are characteristics of law, except:
    a. Just and obligatory
    b. Rule of human conduct
    c. Common observance and benefit
    d. Promulgated by the president - “competent authority”
    e. None of the above
A

d. Promulgated by the president - “competent authority”

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5
Q
  1. The branch of law which defines crimes, treats of their nature, and provides for their punishment
    a. Administrative Law
    b. Criminal Law
    c. Constitutional Law
    d. Commercial Law
    e. Taxation Law
A

b. Criminal Law

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6
Q
  1. Ignorantia legis non excusat means:
    a. Ignorance of the law absolves someone from liability
    b. Ignorance of the law is a proper court defense
    c. Ignorance of the law will lessen liability
    d. Ignorance of the law excuses no one from compliance
    e. Ignorance of the law allows for delayed compliance until the person is aware of such law
A

Ignorance of the law excuses no one from compliance

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7
Q
  1. Publication of laws in the __________________ is required before its effectivity:
    a. Official Gazette or newspaper of general circulation
    b. Malacañang website
    c. National Museum
    d. Nationally available book
    e. Online website of the Philippine government
A

a. Official Gazette or newspaper of general circulation

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8
Q
  1. The three branches of government are:
    a. President, Senate, Supreme Court
    b. President, Department Secretaries, Congress
    c. Executive, Legislative, Supreme Court
    d. Judiciary, Executive, Legislative
    e. Parliament, President, Judiciary
A

d. Judiciary, Executive, Legislative

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9
Q

Legislative -
Composition:
- Upper House:
- Lower House:

A

Legislative - power: enact laws
Composition: 2 Houses
- Upper House: SENATE
- Lower House: House of Representatives

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10
Q

Executive - power:
- Composed of:

A

Executive - power: implement and ensure compliance with the law
- Composed of the President, Department Secretaries, Governors, mayors, as well as other administrative agencies
- PRC and Board of dentistry

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11
Q

Judiciary - power:
Composition:
Hierarchy:
-
-
-
-

A

Judiciary - power: interpret the laws
Composition: different courts of the country
Hierarchy:
- Supreme Court
- Court of Appeals, Sandiganbayan, Court of Tax Appeals
- Regional Trial Court
- Municipal Trial Court

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12
Q
  1. These are rights which the possessor holds against certain individuals who have a duty to refrain from violating the same
    a. Rights in rem
    b. Rights quasi in rem
    c. Rights in personam
    d. Contractual rights
    e. Statutory rights
A

c. Rights in personam

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13
Q

Rights in rem vs. Rights in personam

A
  • Rights in rem - rights held the possessor against the whole
  • Rights in personam - rights held by the possessor against certain individuals
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14
Q
  1. Dentists must pay this kind of taxes in relation to the practice of their profession:
    a. Donor’s tax
    b. Income tax
    c. Estate tax
    d. Real estate tax
    e. Capital gains tax
A

b. Income tax

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15
Q
  1. Basis for the right of the state to regulate the practice of dentistry as well as other professions
    a. Power of Taxation
    b. Power of Eminent Domain
    c. Power of Enforcement
    d. Power to Govern
    e. Police Power
A

e. Police Power

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16
Q
  1. Power of the State to acquire private property for public use after payment of just compensation
    a. Power of Taxation
    b. Power of Eminent Domain
    c. Power of Enforcement
    d. Power to Govern
    e. Police Power
A

b. Power of Eminent Domain

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17
Q
  1. It is a juridical necessity to give, to do, or not to do
    a. Contract
    b. Right
    c. Obligation
    d. Legal requirement
    e. Ethics
A

c. Obligation

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18
Q
  1. Branch of law which regulates the special relations of individuals with other individuals for purely private ends
    a. Commercial Law
    b. Civil Law
    c. Administrative Law
    d. Constitutional Law
    e. Taxation Law
A

b. Civil Law

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19
Q
  1. All of these are elements of an obligation, except:
    a. Vinculum juris
    b. Debtor
    c. Creditor
    d. Written agreement
    e. Object
A

d. Written agreement

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20
Q
  1. Kind of quasi-contract where there is payment by mistake or payment to one who does not have the right to receive it
    a. Solutio indebiti
    b. Culpa contractual
    c. Culpa aquiliana
    d. Negotiorum gestio
    e. Culpa delicto
A

a. Solutio indebiti

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21
Q

Negotiorum Gestio

A

Negotiorum Gestio - voluntary agency where one acts for and on behalf of another without the latter’s consent and the person who benefits is required to indemnify the other
- Patient is brought to the emergency room unconscious because of a car accident, then later on the doctor performs the operation
- Patient now upon waking up is obligated to pay the services of the doctor by reason negotiorum gestio

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22
Q

Solutio indebiti

A

Solutio indebiti - payment by mistake

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23
Q
  1. A wrongful act that results in injury to one person by another which may be done with fault or negligence
    a. Tort - “quasi-delict”
    b. Felony
    c. Misdemeanor
    d. Malfeasance
    e. Misfeasance
A

a. Tort - “quasi-delict”

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24
Q
  1. Felonies committed with deliberate intent or malice
    a. Negligence
    b. Fault
    c. Delay
    d. Dolo
    e. Culpa
A

d. Dolo

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25
Q
  1. It is a future and uncertain event or a past event unknown to the parties
    a. Period
    b. Condition
    c. Penal Clause
    d. Prestation
    e. Legal Requisite
A

b. Condition

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26
Q

refers to a day certain

A

Period

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27
Q
  1. Mode of extinguishment of obligations when two persons, in their own right, are creditors and debtors of each other
    a. Novation - change or substitution in the object or in the debtor
    b. Compensation
    c. Confusion - creditor and debtor become one person
    d. Condonation - forgiveness of the debt
    e. Payment
A

b. Compensation

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28
Q
  1. It is the meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service
    a. Contract
    b. Obligation
    c. Rights
    d. Ethics
    e. Partnership
A

a. Contract

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29
Q
  1. According to this, a dentist cannot testify in a civil case, without the consent of the patient, as to any communication he may have received during the course of diagnosis and treatment.
    a. Secrecy rule
    b. Filial Privilege
    c. Res gestae
    d. Doctor-Patient Privilege
    e. Data Privacy Act
A

d. Doctor-Patient Privilege

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30
Q
  1. The following cannot be testified to by a dentist in a civil case without the consent of the patient, except:
    a. The nature of the disease of the patient
    b. The treatment given to the patient
    c. Information necessary in a civil case against the dentist for damages
    d. Personal information of the patient received by the dentist during a consultation
    e. None of the above
A

c. Information necessary in a civil case against the dentist for damages

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31
Q
  1. Stage of a contract where the negotiation and bargaining of the price of the service by the dentist
    a. Preparation
    b. Perfection
    c. Execution
    d. Consummation
    e. Payment
A

a. Preparation

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32
Q
  1. This characteristic states that contracts only take effect between the parties and not third persons
    a. Obligatory force
    b. Mutuality
    c. Relativity
    d. Consensuality
    e. Freedom to contract
A

c. Relativity

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33
Q
  1. It is the administrative agency which has been conferred the power to regulate dental profession in the Philippines and to examine applicants desiring to practice dentistry
    a. Dentistry Commission of the Philippines
    b. Professional Regulatory Board of Dentistry
    c. Philippine Dental Association
    d. Department of Health National Association of Dentists (DHNAD)
    e. Philippine Medical Association
A

b. Professional Regulatory Board of Dentistry

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34
Q
  1. The administrative agency referred to in the previous question is composed of 1 Chairman and ____ Members:
    a. 2
    b. 3
    c. 4
    d. 5
    e. 6
A

c. 4

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35
Q
  1. The Chairman and Members of the Professional Regulatory Board of Dentistry serve for a term of:
    a. 3 years with reappointment
    b. 3 years without reappointment
    c. 7 years with reappointment
    d. 7 years without reappointment
    e. 5 years with reappointment
A

a. 3 years with reappointment

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36
Q
  1. The Chairman and Members are required to be ___________ Filipinos.
    a. Naturalized
    b. Natural-born
    c. Resident
    d. Non-resident
    e. Dual citizen
A

b. Natural-born

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37
Q
  1. Who can suspend or remove the chairman and members of the Board of Dentistry?
    a. President of the Philippines
    b. Vice-President
    c. PRC
    d. Secretary of Health
    e. Congress
A

a. President of the Philippines

38
Q
  1. The following are powers of the Board of Dentistry, except:
    a. Administer oaths
    b. Enforce rules and regulations related to the dental practice
    c. Accredit various specialities, dental societies/organizations
    d. Appoint new members of the Board of Dentistry by majority vote
    e. Hear or investigate any violation of dental laws
A

d. Appoint new members of the Board of Dentistry by majority vote

39
Q
  1. The purpose _____________ is to protect the public from unqualified or incompetent practitioners.
    a. Licensure exam
    b. College degree
    c. Business permit
    d. Permit to operate
A

a. Licensure exam

40
Q
  1. The additional requirement of a refresher course is imposed upon those who failed ____ consecutive licensure exams
    a. 2
    b. 3
    c. 4
    d. 5
    e. 6
A

b. 3

41
Q
  1. A writ or process, which requires a person to bring with him any books, documents, or other thing under his control, which he is bound by law to produce in evidence
    a. Summons
    b. Subpoena ad testificandum
    c. Writ of mandamus
    d. Subpoena duces tecum
    e. Writ of execution
A

d. Subpoena duces tecum

42
Q
  1. The renewal of the PICs of all registered and licensed professionals is required every ____ year/s.
    a. 1
    b. 2
    c. 3
    d. 4
    e. 5
A

c. 3

43
Q
  1. _____ CPD credit units is required for renewal of PICs for dentists
    a. 15
    b. 30
    c. 45
    d. 60
    e. 75
A

a. 15

44
Q
  1. Income taxes are paid on/before ____________ of every year
    a. January 1
    b. December 31
    c. April 15
    d. May 31
    e. January 31
A

c. April 15

45
Q
  1. Professional tax is paid on/before ____________ of every year
    a. January 1
    b. December 31
    c. April 15
    d. May 31
    e. January 31
A

e. January 31

46
Q
  1. Involves the imposition of sanctions as disciplinary action for acts of a dentist
    a. Civil Liability
    b. Administrative Liability
    c. Criminal Liability
    d. Monetary Liability
    e. Vicarious Liability
A

b. Administrative Liability

47
Q
  1. What is the degree of proof required in criminal cases?
    a. Substantial evidence
    b. Preponderance of evidence
    c. Clear and convincing evidence
    d. Proof beyond reasonable doubt
    e. Clear and present danger
A

d. Proof beyond reasonable doubt - criminal cases

48
Q

Substantial evidence

A

required in administrative cases

49
Q

Preponderance of evidence

A

required in civil cases

50
Q

Proof beyond reasonable doubt

A

criminal cases

51
Q
  1. The following are grounds for suspension and/or revocation of professional license, except:
    a. Incompetence
    b. Serious negligence
    c. Moral depravity
    d. Making false advertisements
    e. Alcoholism or drug addiction affecting his/her competence
A

c. Moral depravity

52
Q
  1. ____ year/s after the date of revocation of one’s license, the Board may, upon application and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a professional identification card.
    a. 1
    b. 2
    c. 3
    d. 4
    e. 5
A

b. 2

53
Q
  1. Committed by a person who practices dentistry without a professional license
    a. Illegal Practice
    b. Malpractice
    c. Malfeasance
    d. Misfeasance
    e. Incompetence, serious ignorance or negligence in the practice of dentistry
A

a. Illegal Practice

54
Q
  1. Law which hears before it condemns
    a. Statutory law
    b. Constitutional law
    c. Administrative law
    d. Due process of law
    e. Right against unreasonable search and seizure
A

d. Due process of law

55
Q
  1. A dentist failed to diagnose periodontal disease because he did not take x-rays or do a periodontal probing. This malpractice is an:
    a. Act of commission
    b. Act of omission
    c. Act of consummation
    d. Act of carelessness
    e. None of the above
A

b. Act of omission

56
Q
  1. A dentist administered 15 cartridges of a local anesthetic to a very small child, and a serious overdose resulted in the death of the child. This malpractice is an:
    a. Act of commission
    b. Act of omission
    c. Act of consummation
    d. Act of carelessness
    e. None of the above
A

a. Act of commission

57
Q
  1. The Philippine Dental Act of 2007:
    a. RA 4419
    b. RA 768
    c. RA 9484
    d. RA 10912
    e. RA 8981
A

c. RA 9484

58
Q
  1. What is the standard of care required for dentists in treating patients
    a. That of the highest degree of care
    b. That of a reasonably prudent dentist
    c. That of an extraordinary degree of care
    d. That of excellent dentist
    e. None of the above
A

b. That of a reasonably prudent dentist

59
Q
  1. According to this principle, the dentist is liable for acts of his/her employees who are acting within the scope of their duties
    a. Quantum Meruit
    b. Respondeat Superior
    c. Res ipsa loquitur
    d. Damnum Absque Injuria
    e. Force Majeure
A

b. Respondeat Superior

60
Q
  1. Damages those agreed upon by parties that would be paid upon breach of contract
    a. Actual damages
    b. Moral damages
    c. Nominal damages
    d. Temperate damages
    e. Liquidated damages
A

e. Liquidated damages

61
Q
  1. Monetary loss proved by the plaintiff, including loss of earning capacity
    a. Actual damages
    b. Moral damages
    c. Nominal damages
    d. Temperate damages
    e. Liquidated damages
A

a. Actual damages

62
Q
  1. Damages for physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock social humiliation and similar injury
    a. Actual damages
    b. Moral damages
    c. Nominal damages
    d. Temperate damages
    e. Liquidated damages
A

b. Moral damages

63
Q
  1. Act or omission punishable by law
    a. Tort
    b. Negligence
    c. Quasi-delict
    d. Fault
    e. Crime - or “delict”
A

e. Crime - or “delict”

64
Q
  1. Notice served on the respondent that a complaint has been filed against him in court and will require him to file an Answer
    a. Summons
    b. Subpoena ad testificandum
    c. Notice of hearing
    d. Subpoena duces tecum
    e. Pleading
A

a. Summons

65
Q
  1. Basis for the amount of fees to be collected by the dentist if no amount is agreed upon between the dentist and patient
    a. Standardization rates of dentists
    b. Quantum meruit
    c. Amount stated by the dentist
    d. Amount stated by the patient
    e. None of the above
A

b. Quantum meruit

66
Q
  1. The following are the factors to consider in determining the amount of dental fees, except:
    a. Values of the medicines and materials used
    b. School where the dentist graduated
    c. Time consumed by the dentist in treating the patient
    d. Difficulty of the operation
    e. Nature of the disease/illness
A

b. School where the dentist graduated

67
Q
  1. What is the legal doctrine/principle applicable when the patient was partly responsible for his injuries
    a. Last Clear Chance Doctrine
    b. Emergency Rule Doctrine
    c. Assumption of Risk Doctrine
    d. Contributory Negligence
    e. Vicarious Liability
A

d. Contributory Negligence

68
Q
  1. The legal doctrine that states that the thing speaks for itself:
    a. Force majeure
    b. Stare decisis
    c. Res ipsa loquitur
    d. Respondeat superior
    e. Res judicata
A

c. Res ipsa loquitur

69
Q
  1. Persons criminally liable include:
    a. Accomplice
    b. Principal
    c. Accessory
    d. All of the above
    e. None of the above
A

d. All of the above

70
Q
  1. Works of nature, such as calamities and earthquakes, falls under this legal doctrine:
    a. Emergency Rule Doctrine
    b. Force Majeure
    c. Captain-of-the-Ship Doctrine
    d. Assumption of Risk
    e. Respondeat Superior
A

b. Force Majeure

71
Q
  1. A wrongful act resulting from imprudence, negligence, lack of foresight or lack of skill is called:
    a. Culpa
    b. Dolo
    c. Felony
    d. Mandamus
    e. Crime
A

a. Culpa

72
Q
  1. Court’s doctrine of adherence to decided cases
    a. Mandamus
    b. Certiorari
    c. Stare decisis
    d. Res judicata
    e. Litis pendentia
A

c. Stare decisis

73
Q
  1. This can occur under a number of circumstances, including injury to the patient resulting from the improper performance of his duties by a licensed dentist:
    a. Abandonment
    b. Illegal Practice
    c. Malpractice
    d. Malfeasance
    e. Non-compliance
A

c. Malpractice

74
Q
  1. In malpractice, the best defense for a dentist would be:
    a. Exertion of due care as expected of a good father of a family
    b. Use of modern equipment and materials
    c. Long experience in practice
    d. Informed consent given by the patient
    e. Patient’s contributory negligence
A

a. Exertion of due care as expected of a good father of a family

75
Q
  1. The following are criminal offenses under RA 9484, except:
    a. Practicing dentistry without a certificate of registration and professional identification card
    b. Dentist who abets in the illegal practice of dentistry
    c. Dentist using another’s certificate of registration and professional identification card as your own
    d. Dentist using a revoked or suspended certificate of registration and professional identification card
    e. Dentist issuing a false dental certificate - This is a crime under the Revised Penal Code and not under RA 9484
A

e. Dentist issuing a false dental certificate - This is a crime under the Revised Penal Code and not under RA 9484

76
Q
  1. The Philippine Dental Act of 2007 regulates the following professions: 1) dentists, 2) dental assistants, 3) dental hygienists, 4) dental technologists, 5) dental radiologists
    a. 1 only
    b. 1 and 2 only
    c. All except 5
    d. 1, 3, and 4
    e. 1, 2, and 3
A

d. 1, 3, and 4

77
Q
  1. In the Philippine Dental Act of 2007, dentist refers to persons who performs the following, except:
    a. operation upon the human oral cavity, jaws, teeth, and surrounding tissues
    b. prescribes drugs or medicines for the treatments of oral diseases and lesions
    c. operation on the head and neck
    d. prevents and or corrects malpositions of the teeth or implantation of artificial substitutes for lost teeth
    e. teaches subjects in the licensure examination
A

c. operation on the head and neck

78
Q
  1. Doctrine of quantum meruit means:
    a. the thing speaks for itself - res ipsa loquitur
    b. the patient is also responsible for his worsened condition - contributory negligence
    c. the dentist is responsible for the actions of his employees acting within the scope of their tasks - respondeat superior
    d. the amount of fee should be equivalent to the reasonable value of the services rendered
    e. the dentist cannot be held accountable based on the same standard of conduct if there is an emergency - Emergency rule doctrine
A

d. the amount of fee should be equivalent to the reasonable value of the services rendered

79
Q
  1. In order to be admitted to the licensure examination for dental hygienists, an applicant must at the time of filling his application establish to the satisfaction of the Board the following, except:
    a. he/she is a citizen of the Philippines
    b. he/she possess good moral character
    c. he/she has finished the two years certificate in dental hygiene conferred by a recognized and legally constituted college or school of dentistry registered with the CHED - This should be TESDA
    d. he/she completed the refresher course, if applicable under the circumstances
    e. none of the above, all the above are true
A

c. he/she has finished the two years certificate in dental hygiene conferred by a recognized and legally constituted college or school of dentistry registered with the CHED - This should be TESDA

80
Q
  1. Contracts, torts, crimes are:
    a. Inherent powers of the State
    b. Branches of government
    c. Kinds of liabilities of a dentist
    d. Remedies of a dentist
    e. Sources of liabilities of a dentist
A

e. Sources of liabilities of a dentist

81
Q
  1. A dentist who injuries a patient because of negligence when the dentist renders his/her service to the patient out of charity and without any charge is:
    a. Legally liable to the patient with respect to all damages brought about by his negligence
    b. Not legally liable to the patient with respect to any damages the patient suffered
    c. Under no obligation to rectify the injury
    d. Need not pay for the injury suffered by the patient
    e. Must pay for the injury suffered by the patient but amount must be reduced because the services were free of charge
A

a. Legally liable to the patient with respect to all damages brought about by his negligence

82
Q
  1. The right of a licensed dentist to practice his profession is a:
    a. Right in rem
    b. Right in personam
    c. Contractual right
    d. Collateral right
    e. Right arising out of a tortious act
A

a. Right in rem

83
Q
  1. An extraordinary remedy by which a higher court reviews a lower court or agency’s decision
    a. Mandamus
    b. Prohibition
    c. Quo Warranto
    d. Certiorari
    e. Habeas corpus
A

d. Certiorari

84
Q
  1. Exemption from the Continuing Professional Education (CPE) can be applied for upon reaching the age of:
    a. 50
    b. 60
    c. 65
    d. 70
    e. 75
A

c. 65

85
Q
  1. Obligations where there are two or several objects in the obligation and the debtor is generally given the choice to perform any one of those obligations
    a. Conditional obligations
    b. Facultative obligations
    c. Obligations with a penal clause
    d. Alternative obligations
    e. Obligations with a period
A

d. Alternative obligations

86
Q
  1. The principle of res judicata states that:
    a. courts are bound by the judge’s perception
    b. matters which have been adjudicated by a competent court are conclusive and cannot be retried
    c. matters pending before a competent court cannot be filed in another court
    d. courts must follow precedent
    e. matters which have been adjudicated after trial can be retried for meritorious reasons
A

b. matters which have been adjudicated by a competent court are conclusive and cannot be retried

87
Q
  1. Injuries incapacitating the offended party for 1-9 days fall under:
    a. Serious physical injuries - 30 days or more
    b. Slight physical injuries - 1-9 days
    c. Minor physical injuries
    d. Less serious physical injuries - 10-29 days
    e. Non-mortal physical injuries
A

b. Slight physical injuries - 1-9 days

88
Q
  1. Those who directly forces or persuades or convinces others to commit a crime are called:
    a. Accomplice
    b. Accessory
    c. Principal by direct participation
    d. Principal by inducement
    e. Principal by indispensable cooperation
A

d. Principal by inducement

89
Q
  1. That adequate and efficient cause which in the natural course of things would naturally produce the event:
    a. Final cause
    b. Proximate cause
    c. Intervening cause
    d. Material cause
    e. Formal cause
A

b. Proximate cause

90
Q
  1. The most important question in a malpractice suit is whether the dentist:
    a. was experienced
    b. had advanced education and training
    c. had an assistant to help in the procedure
    d. used the latest and most modern equipment available
    e. exercised due care
A

e. exercised due care

fmd (17 decks)

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