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Medical jurisprudence > Introduction to medical jurisprudence > Flashcards

Introduction to medical jurisprudence Flashcards

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1
Q

the study or philosophy of law

A

Jurisprudence

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2
Q

If a case has reached the supreme court, any (subsequent case with the same facts shall be decided in the same way) unless they contravene the ordinary principles of justice.

A

stare decisis

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3
Q

Latin to English translation for “stare decisis”

A

Let it stand

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4
Q

it binds courts to follow legal precedents set by previous decisions

A

stare decisis

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5
Q

Article which states that Judicial decisions applying or interpreting the laws or constitution of the Philippines shall form part of the law of the land.

A

Art. 8 NCC

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6
Q

The article where if you put it simply: “Like if a certain case is decided in one way then the following would be the same unless the supreme court reverses itself.”

A

Article 8 NCC

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7
Q

2 Sayings in Court:

A
  1. The decision of the supreme court is always right

2. In the rare cases that its wrong then number 1 applies

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8
Q

It is the Legal aspect of medical practice. Concerned with aspect of law that has to do with medicine

A

Medical Jurisprudence

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9
Q

6 Purpose of medical jurisprudence

A

(SPPARE)

  1. Protect from Quacks
  2. Promote professionalism
  3. Aware of rights and duties
  4. Reject Malpractice
  5. Explain legislation involving medicine
  6. Study change in health care laws
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10
Q

3 Med jurisprudence includes

A
  1. licensure law
  2. doctor-patient-hospital relationship
  3. Rights, duties obligation and liabilities
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11
Q

3 Laws NOT ENFORCEABLE BY THE STATE

A
  1. Natural Law
  2. Divine Law
  3. Moral Law
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12
Q

Law pertaining to, cognizable and enforceable by the (dictate of one’s conscience) to be the right conduct.

A

Moral Law

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13
Q

2 Laws ENFORCEABLE BY THE STATE

A
  1. Substantive Law

2. Remedial OR procedural Law

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14
Q

Creates rights and obligations.

A

Substantive Law

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15
Q

Creates, defines, and regulates exercise of such rights.

A

Substantive Law

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16
Q

Concerned with (mechanical rules) that govern the means by which the substantive rights and duties are vindicated or enforced.

A

Remedial or Procedural Law

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17
Q

Example of Substantive Law

A

Right to ownership for products bought or

had been given.

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18
Q

Example of Procedural Or Remedial Law

A

Procedure on how to file a case. What necessary files needed to be attached.

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19
Q

2 Enforceable laws AS TO NATURE OF THE SUBJECT-MATTER

A
  1. Public Law

2. Private law

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20
Q

Law that Regulates the relationship between state and subject.

A

Public Law

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21
Q

Law that Regulates the relationship of individuals

22
Q

6 SOURCES OF LAW

Study These Flashcards
A

(I CCOAL)

  1. Constitution
  2. Congressional Law
  3. Orders and decrees during Martial Law or before the New Constitution.
  4. Administrative acts,
  5. Local customs
  6. International Law
23
Q

Which among the 6 sources of law is not recognized as laws

Study These Flashcards
A

Local Customs

24
Q

The organic and fundamental law of a nation or state. It may be written or unwritten.

25
Article which states: When a court declares a law to be inconsistent with the constitution, the former shall be void and the latter shall govern
Art. 7, Par. 2, Civil Code
26
is a law in the making
Bill
27
A bill is passed by both ____ and signed by | the _______
houses of congress, The president
28
A bill passed by both houses of congress but vetoed by | the president, can be overturned by gaining _____
2/3 votes (328 seats) in both houses.
29
A bill passed by both houses of congress but failed to be | acted upon by the president within ______, automatically ______
30 days, lapses into law
30
laws issued during the Martial Law
Presidential decrees
31
(President states specific) policies to | govern or regulate certain activities
General Order
32
Orders telling gov’t officials what to do
Letter of Instructions
33
(puts into effect) the provisions of certain laws or presidential decrees
Letter of Implementations
34
(Instructions authorizing) gov’t officials to perform certain tasks.
Letter of Authorities
35
Article which states: Administrative acts, orders, rules and regulations are only valid when not in contrary to the laws or the Constitution
Art. 7, Sec. 3, Civil Code
36
A rule of human action established by repeated acts, and uniformly observed or (practiced as a rule of society) through the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.
LOCAL CUSTOMS
37
Goal of THE LAW AND THE PRACTICE OF MEDICINE
to serve humanity
38
Primary objective of THE LAW AND THE PRACTICE OF MEDICINE
preserve life and maintain the health of ALL people
39
Focus and Concern of THE LAW AND THE PRACTICE OF MEDICINE
welfare and physical well-being of the patient
40
2 Purpose of these Legal Safeguards in medical law
1. Safety of patient | 2. Liability upon the physician
41
The right to regulate the practice of medicine is based on ______
Police power of the state
42
The power vested in the legislature to make wholesome and reasonable laws not repugnant to the constitution
Police Power
43
Used to promulgate laws that may promote public health, safety, morale and the general prosperity and welfare of its inhabitants
Police Power
44
7 Laws Controlling the Quality of Medical Services
1. Licensure Law 2. Code of Ethics 3. Criminal Law 4. Civil Law 5. Medical societies 6. Hospital rules and reg. 7. Public opinion
45
Law that indicates the minimum standard requirements for a college of medicine, education, examination and grounds for suspension of medical license
LICENSURE LAWS
46
What 3 guidelines do the Code of ethics provide
a. Physicians to their patients b. Physicians to the community c. Physicians to their colleague and profession
47
Law that states "Wrongful acts or omissions are considered crimes."
CRIMINAL LAW
48
Every person who, contrary to law, causes damage to another, shall indemnify the latter for the same.
CIVIL LAW
49
This is one of the many groups obliged to comply with the constitution, by-laws, and rules and regulations promulgated by the governing body
MEDICAL SOCIETIES
50
Rules and regulations on the proper use of hospital services and on the conduct of those rendering professional services to the patient
HOSPITAL RULES AND REGULATIONS

Medical jurisprudence (14 decks)

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