問題一覧
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It is the application of basic and clinical, medical and paramedical sciences to elucidate legal matters.
LEGAL MEDICINE
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Originally the terms LEGAL MEDICINE, FORENSIC MEDICINE and MEDICAL JURISPRUDENCE are synonymous and in common practice are used interchangeably. This concept prevailed under what influence?
ANGLO-AMERICAN INFLUENCE
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concerns with the application of medical science to elucidate legal problems.
FORENSIC MEDICINE
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It concerns with the study of the rights, duties and obligations of a medical practitioner with parti- cular reference to those arising from doctor-patient relationship.
MEDICAL JURISPRUDENCE
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is one of the subjects in the law course before ad- mission to the bar examination.
MEDICAL JURISPRUDENCE. Rules of Court (Sec. 5 Rule 138)
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The scope of legal medicine
It is the application of medical and paramedical sciences as demanded by law and administration of justice. The knowledge of the nature and extent of wounds has been acquired in surgery, abortion in gynecology, sudden death and effects of trauma in pathology.
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means the ability to acquire facts, the power to arrange those facts in their logical order, and to draw conclusion from the facts which may be useful in the administration of justice.
KNOWLEGE OF LEGAL MEDICINE
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who specializes or is involved primarily with medico legal duties
MEDICAL JURIST
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Health officers, medical officers of law enforcement agencies and members of the medical staff of accredited hospital are authorized by law to perform autopsies. What P.D.?
Sec. 95, P.D. 856. Code of Sanitation
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"it is the duty of every physician, when called upon by the judicial authorities, to assist in the administration of justice on matters which are medico-legal in character" What Article?
(Sec. 2, Art. III, Code of Medical Ethics of the Medical Profession of the Philippines).
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To be involved in medico-legal duties, a physician must possess sufficient knowledge of?
PSGT Pathology, Surgery, Gynecology, Toxicology and such other branches of Medicine Germane
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Distinction between an Ordinary Physician and a Medical Jurist:
1. An ordinary physician sees an injury or disease on the point of view of treatment, while a medico-jurist sees injury or disease on the point of view of cause. 2. The purpose of an ordinary physician examining a patient is to arrive at a definite diagnosis so that appropriate treatment can be instituted, while the purpose of the medical jurist in examining a patient is to include those bodily lesions in his report and testify before the court or before an investigative body; thus giving justice to whom it is due.
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It is a science of moral laws. founded on the rational nature of man which regulates free activity for the realization of his individual and social ends under the aspect of mutual demandable independence.
LAW includes regulations and circulars which are issued to implement a law and have, therefore, the effect of law.
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What are the characteristics of Law
a. It is a rule of conduct; b. It is dictated by legitimate power; and c. Compulsory and obligatory to all (Civil Code by Padilla).
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Forms of Law
a. Written or Statutory Law (Lex Scripta) b.Unwritten or Common Law(Lex Non Scripta)
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This is composed of laws which are produced by the country's legislations and which are defined, codified and incorporated by the law-making body. Example: Laws of the Philippines.
Written or Statutory Law (Lex Scripta)
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It is sometimes referred to as case law, common law, jurisprudence or customary law. Example: Laws of England
UNWRITTEN OR COMMON LAW( Lex Non Scripta)
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It denotes anything belonging to the court of law or used in court or legal proceedings or something fitted for legal or public argumentations.
FORENSIC
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a science and art dealing with prevention, cure and alleviation of disease. It is that part of science and art of restoring and preserving health.
MEDICINE
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is that which pertains to law, arising out of, by virtue of or included in law. It also refers to anything conformable to the letters or rules of law as it is administered by the court.
LEGAL
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It is a science of giving a wise interpretation of the law and making just application of them to all cases as they arise.
JURISPRUDENCE
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A principle that, when the court has once laid down a principle of law or intepretation as applied to a certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same.
PRINCIPLE OF STARE DECISIS
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is a mass of precepts that determines and regulates the relation of assistance, authority, and obedience between members of a family and those which exist among members of a society for the protection of private interest (San- chez Roman).
CIVIL LAW
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In civil law, legal medicine can be use on:
a. The determination and termination of civil personality (Art. 40 and 41), b. The limitation or restriction of a natural person's capacity to act (Art. 23 and 39); C. The marriage and legal separation (Book I, Title III & IV); d. The paternity and filiation (Book I, Title VIII); and e. The testimentary capacity of a person making a will (Book III, Title IV).
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It is a body of specific rules regarding human conduct which have been promulgated by political authority, which apply uniformly to all members of the classes to which the rules refer, and which are enforced by punishment administered by the state
CRIMINAL LAW
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Legal medicine is applicable in the following provisions of the penal code:
a. Circumstances affecting criminal liability (Title 1); b. Crimes against person (Title VIII), and c. Crimes against chastity (Title XI)
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is that branch or division of law which deals with the rules concerning pleadings, practices and procedures in all courts of the Philippines.
REMEDIAL LAW
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Legal Medicine may be applied in the following provisions of the Rules of Court:
a. Physical and mental examination of a person (Rule 28); b. Proceedings for hospitalization of an insane person (Rule 101); and c. Rules on evidences (Part IV).
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Special laws:
DIYC a. Dangerous Drug Act (R.A. 6425, as amended) b. Youth and Child Welfare Code (P.D. 603) c. Insurance Law (Act No. 2427 as amended) d. Code of Sanitation (P.D. 856)
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Legal medicine is about?
MEDICAL KNOWLEDGE
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Forensic medicine is about
MEDICAL SCIENCE
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Medical Jurisprudence is about?
KNOWLEDGE OF DOCTORS
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Legal medicine involves applying medical knowledge to help solve legal issues, to do this effectively one needs to be skilled in three main area:
1.GATHERING INFORMATION 2.ORGANIZING INFORMATION 3.DRAWING CONCLUSIONS
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This means carefully collecting all relevant facts from medical cases that might have legal implications
GATHERING INFORMATION
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This step is crucial because it help in seeing connection between different cases of evidences.
ORGANIZING INFORMATION