Definition of Terms:

Nursing Jurisprudence – that department of law which comprises all the legal rules and principles affecting the practice of nursing.

Jurisprudence – the theory and philosophy of law which aims to (a) understand the fundamental nature of law, & to analyze its purpose, structure,
& application, and (b) acquire a deeper meaning of the law, “the kind of power that it exercises and its role in human societies.”

Law – a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.

Branches of Law:
1. Divine Law – promulgated by our Creator
2. Human Law – promulgated by man to regulate human relations.
a. General or Public Law – that branch or department of law which is concerned with the state in its political or sovereign capacity.
i. Criminal Law – that branch of jurisprudence which treats of the nature, extent, and degrees of every crime, and
adjusts to it its adequate and necessary penalty.
ii. International Law – (Law of nations) the law which regulates the intercourse of nations.
1. Public International Law – the body of rules which control the conduct of independent states in their
relations with each other.
2. Private International Law (Conflict of Laws) – part of the law of each state which determines whether, in
dealing with a legal situation, the law of some other state will be recognized, be given effect, or be applied.
iii. Political Law – that branch of jurisprudence which treats of the science of politics (the science of government) or the
organization and administration of government. It is the branch of public law which defines the organizations and
operation of the governmental organs of the State, and regulates the relation between the State and the individuals
that compose it.
1. Constitutional Law – that department of law which treats of constitutions, their establishment,
construction, and interpretation, and of the validity of legal enactments as tested by the criterion of
conformity to the fundamental law.
2. Administrative Law – that part of the law which fixes the organization and determines the competence of
the authorities which execute the law, and indicates to the individual the remedies for the violation of his
rights.
3. Law of public administration – that branch of political law which deals with the organization and
management of the different branches of the government.
4. Law of public corporations – that branch of political law which deals with public corporations.
a. Public Corporations – a corporation created for public or governmental purposes, having for its
object the administration of a portion of the powers of government, delegated to it for that
purpose.
b. Individual or Private Law – indicates a statute which relates to private matters that do not concern the public at large. All that
part of the law which is administered between citizen and citizen.
i. Civil Law – branch of the law which has the double purpose of organizing the family and regulating property.
ii. Commercial Law – branch of the law which relates to the rights of property and the relations of persons engaged in
commerce.
iii. Remedial Law – branch of law which prescribes method of enforcing rights or of obtaining redress for their invasion

Right – (in civil society) mean that which a man is entitled to have, or to do, or to receive from others within the limits prescribed by law.
- (in juristic sense) a capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others.

Legal Right – is meant that right to which the state gives its sanction (approval); it is a claim which can be enforced by legal means against the
persons or the community whose duty is to respect it.

Obligation – requirement what is imposed by law, contract, or promise.

Court – that body in the government to which the public administration of justice is delegated. A place where justice is judicially administered.

Court of Law – any duly constituted tribunal administering the laws of the state or nation.

Court of Equity – a court which administers justice and decides controversies in accordance with rules, principles, and precedents of equity.

Competent Court – a court having lawful jurisdiction.

 Purposes of Courts:
1. To provide the forum (place) where people who have disputes may get them authoritatively settled by an outsider who is not personally
concerned in the outcome of the dispute.
2. To provide a place where persons accused of offenses against society as a whole may have their guilt or innocence ascertained.

Jurisdiction – the authority to hear and decide a legal controversy; it is the authority by which judicial officers take cognizance of and decide cases.
The power to hear and determine a cause.

Venue – the place where either party to a suit may require the case to be tried, and to the convenience of the parties; it also relates to the proper
place where the power to adjudicate may be exercised.

Legal Remedies – the judicial means for enforcing a right or redressing a wrong.
 Ordinary Remedy – an ordinary action or suit in a court of justice, by which one party prosecutes another for the enforcement or
protection of a right, or the prevention or redress of a wrong; every other remedy is a special proceeding.
 Extraordinary Remedy – one afforded by law other than the ordinary remedy by action.
 Provisional Remedy – a remedy which is provided for present need or for the immediate occasion, that is, one adapted to meet a
particular exigency (situation demanding prompt action or remedy); it is a temporary process which secures (protects) the plaintiff in a
civil action against loss or irreparable injury while the action is pending.

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Process – the means of compelling the defendant in an action to appear in court; it is a means whereby a court compels the appearance of a
defendant before it or a compliance with its demands.

Service of Process – the giving to a defendant of that notice which makes him a party to the proceeding and make sit incumbent on him to appear
and answer to the cause (suit), or run the risk of having a valid judgment rendered against him in consequences of his default.
 Warrant – a writing from a competent authority in pursuance of law, directing the doing of an act, and addressed to an officer or person
competent to do the act, and affording him protection from damages, if he does it.
o Search warrant – an order in writing, in the name of the people or the State, signed by a magistrate (public officer), and
directed to a peace officer, commanding him to search for personal property and bring it before the magistrate.
 Summons – the name of a writ commanding the sheriff or other authorized officer to notify a party to appear in court to answer a
complaint made against him, and in said writ specified, on a day therein mentioned.
 Subpoena – the process by which the attendance of a witness is required; it is a writ or order directed to a person requiring his
attendance at a particular time and place to testify as a witness.
o Subpoena duces tecum – a subpoena which orders a person or organization to bring physical evidence before the ordering
authority or face punishment. This often used for requests to mail copies of documents to requesting party and/or directly to
court
o Subpoena ad testificandum - orders a person to testify before the ordering authority or face punishment. The subpoena can
also request the testimony to be given by phone or in person.

Damage – means a loss, injury, or harm caused to one’s person, property, or rights by the negligence, design (plan), accident, or wrongful act or
omission of another.

Damages – refers to a sum of money which the law awards to a person to compensate him for his loss, injury or harm cause by the negligence,
design (plan), accident, or wrongful act or omission of another.

Nursing Legislation – the making of laws, or the body of laws already enacted, affecting the science or the art and practice of nursing.

Nursing Ethics – the branch of moral science which treats of the duties of a member of the nursing profession towards her co-professional nurses,
to her profession and other professions, to her co-workers and other members of the health team, to her clients and patients, and to the public in
general. It refers to the conduct or behavior of nursing practitioners which by reason of public approval or practices of the group has become
customary among professional nurses.

Importance of the Study:

1. Ignorance of the law excuses no one from compliance therewith.
2. What is moral is legal, not all legal is moral.
3. What is nursing and what is not nursing.
4. Promote peace and order.
5. Patient’s safety.
6. Trust and confidence.
7. Rights and obligations.
8. Personal safety and avoid lawsuits.