ANDREA PAULA FE V.

INOCENTE NCM119 (4086)

A. Basic Concepts of the Code of Ethics:

1.Rights
The term right can be defined as "a justified claim that individuals and groups can
make upon other individuals or upon society." Rights-based ethics means that ethical
behavior must uphold the rights of people, such as civil rights within a democracy.

2. Autonomy
The third ethical principle, autonomy, means that individuals have a right to self-
determination, that is, to make decisions about their lives without interference from
others.

3. Beneficence
Beneficence is defined as an act of charity, mercy, and kindness with a strong
connotation of doing good to others including moral obligation. All professionals have
the foundational moral imperative of doing right.

4. Maleficence
It is the act of committing harm or evil.

5. Fidelity
Fidelity is keeping one's promises. The nurse must be faithful and true to their
professional promises and responsibilities by providing high quality, safe care in a
competent manner.

B. Define these Legal Terms:

1. Law
A rule or set of rules, enforceable by the courts, regulating the government of a
state, the relationship between the organs of government and the subjects of the state, and
the relationship or conduct of subjects towards each other.

2. Court
A place where trials and other legal cases happen, or the people present in such a
place, especially the officials and those deciding if someone is guilty.

3. Plaintiff
The party who brings a legal action or in whose name it is brought—as opposed
to the defendant, the party who is being sued.

4. Defendant
 A defendant is a person who has been accused of breaking the law and is being
tried in court.

5. Witness
A witness is a person who saw or heard the crime take place or may have
important information about the crime or the defendant. Both the defense and the
prosecutor can call witnesses to testify or tell what they know about the situation.

C. What are the three classifications of law. Give its definition.

 Criminal law
Criminal law refers to a body of laws that apply to criminal acts. The main theories
for criminal law include: to deter crime, to reform the perpetrator, to provide retribution
for the act, and to prevent further crimes. There are two types of criminal laws:
misdemeanors and felonies.

 Civil Tort Law

It is a very broad area of the law that covers wrongdoing by one individual against
another. A tort is a civil wrong, other than a breach of contract, that causes harm or loss.
The person or entity that commits the wrong can be held liable for the loss or damage
they cause.

 Regulatory or Administrative Law

Regulatory Law deals with procedures established by federal, state, and local
administrative agencies, as opposed to laws created by the legislature (statutory laws) or
by court decisions (case law).

D. What are the sources of laws. Please define it.

 Constitution/ Code
A country's Constitution is a set of fundamental ground rules setting out the powers
of the different branches of government (i.e. executive, legislative and judicial ) and how
these entities operate and interrelate.

 Legislative Enactment - Statute

Legislation is the second key source of law and usually takes priority over sources of
law other than the Constitution. There may be more than one legislative body in a country
- central, provincial or state and municipal authorities may each have separate power to
legislate. Rules will determine the extent to which and in what areas one legislative body
has priority over another.

 Judicial Decisions
 In some countries, judicial decisions are authoritative and develop into a source of
law known as “case law”. Case law may extend the application of legislation and is
deemed to form part of the law.

E. What are the functions of law in nursing? (3)

1. The law provides a structure for nursing.
2. The law has a role in the development of professional standards.
3. The law is concerned with liability of the nurse.
4. The law also protects and supports nursing values.
5. Nurses can use the law to aid the goals, values and ethics that they hold dear.

F. Differentiate Subpoena testificandun from Subpoena Duces Tecum

Subpoena ad testificandum and subpoena duces tecum. The first is used to compel
a person to testify, while the second is used to compel the production of books, records,
things or documents therein specified. 

G. Define the following:

1. Summon
A summons is a form prepared by the plaintiff and issued by a court that informs
the defendant that they are being sued or are required to appear in court. It may be served
by a sheriff or other authorized person, such as the process server.

2. Warrant of arrest
An arrest warrant is a document issued by a judge or magistrate that authorizes
the police to take someone accused of a crime into custody.

3. Search Warrant
A search warrant is a written order, signed by a judge, directing a law
enforcement officer to conduct a search of a person or property and seize property
specified in the warrant. 

H. Differentiate Public law from Criminal and Civil Law.

Public law refers to the part of the law that governs the relationship between
individuals and the government, not private companies, and is about the exercise of
power and rights by public authorities, including local authorities or government
departments such as the home office. While Criminal law refers to a body of laws that
apply to criminal acts. And civil law is the part of the legal system that deals with
people's relationships, property, and business agreements, rather than with criminal
activity.

I. What is a Tort?
A tort is an act or omission that gives rise to injury or harm to another and
amounts to a civil wrong for which courts impose liability.

J. Give the 6 elements of Malpractice.

 Duty owed the patient
 Breach of duty owed the patient
 Foreseeability
 Causation
 Injury
 Damages

K. Define the following:

1. Assault
Assault is generally defined as an intentional act that puts another person in
reasonable apprehension of imminent harmful or offensive contact.

2. Battery
Battery is an unlawful application of force directly or indirectly upon another
person or their personal belongings, causing bodily injury or offensive contact. The
attempt of battery is assault. 

3. False Imprisonment
False imprisonment is an act punishable under criminal law as well as under tort
law. Under tort law, it is classified as an intentional tort.

4. Invasion of Privacy
Invasion of privacy is a tort based in common law allowing an aggrieved party to
bring a lawsuit against an individual who unlawfully intrudes into his/her private affairs,
discloses his/her private information, publicizes him/her in a false light, or appropriates
his/her name for personal gain.

5. Defamation
 An allegation is considered defamatory if it ascribes to a person the commission
of a crime, the possession of a vice or defect, or any act, omission, or condition which
tends to dishonor or discredit him.

6. Libel
Libel is defamation by print, writing, pictures, or signs, as distinguished from
slander, which is defamation by oral expressions or transitory gestures. 

7. Slander
Slander is the act of harming one person's reputation by telling one or more other
people something that is untrue about that person.