Professional Adjustment (Week 4)

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Prepared By:

Joel John A. Dela Merced, RN, CRN

Professional
Adjustment: Laws

Law

is defined as the sum total of rules and


regulations by which society is
governed.

Classifications of Law

Divine Law authored by God

Human/ Positive Law authored by


Man

Human/Positive Law
A. Public Law is that which is concerned
with the affairs of the state in its political
or sovereign capacity

Types of Public Law


1. Criminal Law is that which defines
crimes, treats of its nature and provides
for their punishment/penalty

2. International Law law of the nations,


is the law which regulates the intercourse
of nations

Types of International
Law
A. Public International Law body of rules,
which control the conduct of independent
states in their relations with each other
B. Private International Law or Conflict of
Laws part of the municipal law of a state
which directs its courts and administrative
agencies when confronted with a legal
problem involving a foreign element,
whether or not they should apply a foreign
law.

Cont. Of Types of Public Law


3. Political Law branch of jurisprudence,
which treats the science of politics or the

organization and administration of


government

Types of Political Law


A. Constitutional Law is that which treats
the Constitution, its establishment,
construction and interpretation
B. Administrative Law part of the law, which
fixes the organization and determines the
competence of the authorities who execute
the law,
C. Law of Public Administration branch of
political which deals with the organization and
management of the different branches of the
government

D. Law of Public Corporation branch of political law


that deals with public corporation

Cont. Of Types of Human/Positive


Law
B. Public Law

1. Civil Law that which deals with


rules or provisions affecting persons,
property, succession, contracts and their
various ramifications, all designed to
regulate the private relations among
members of a community or society.

2. Commercial Law commercial law is that


which regulates the jurisdicial relations
arising commercial acts.
3. Labor Law is that which deals with the
welfare of workers and employees and
regulates their relations with their employers
4. Remedial Law that which prescribes
means or methods of enforcing rights or of
obtaining redress for injury

Remedial Law:
1. Ordinary Remedy
ex. Regional Trial Court, Barangay Trial Court
2. Extra Ordinary Remedy
EX. 3 Writs of Extraordinary Remedies:
A. Certiorari
B. Prohibition
C. Mandamus
3. Provisional Remedy
ex. Bail

Right
It is a moral power of man to do, to
possess, or to require something, which
power all are bound to respect.
EX. Nurses Bill of Rights
Patients Bill of Rights

Jurisdiction - is a lawful right to exercise official


authority. Or IT is the range or scope of such
authority.
Remedy - Is a legal means for enforcing a right of
redressing / correcting a wrong.
Damage - Loss, injury, deterioration caused to one
person or property by the design, negligence or
accident of another.
Damages - Compensation in money recoverable f

Jurisprudence - The philosophy or science of law


upon which a particular legal system is built.
Jurisprudence embraces:
1. All laws enacted by the legislative body.
2. All regulations promulgated by those in
authority.
3. Court decisions.
4. Formal principles upon which laws are
based.

Nursing Jurisprudence:
Defined as the department of law that comprises
all the legal rules and principles affecting the
practice of nursing.
It deals with:
1. All laws, rules and regulations.
2. Legal principles and doctrines governing
and regulating the practice of nursing.
3. Legal opinions and decisions of competent
authority in cases involving nursing practice.

Sources of Nursing Jurisprudence


in the Philippines:
a. The Constitution of the Republic of the
Philippines
b. Republic Act No. 9173
c. Implementation of Rules and Regulation
d. Decisions of the Board of Nursing and/or
Professional Regulation Commission on
nursing cases.
e. Decisions of the Supreme Court on matters
relevant to nursing.

f. Opinions of the Secretary of Justice in like


cases.
g. The Revised Penal Code.
h. The New Civil Code of the Philippines.
i. The Revised Rule of Courts.
j. The National Internal Revenue Code as
amended.

The End

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