Escolar Documentos
Profissional Documentos
Cultura Documentos
3. Remedial Law
Physical and Mental Examination of a person
Hospitalization of insane persons
Rules of Evidence
4. Special Laws
- Dangerous Drug Act
- Youth and Child Welfare Code
- Sanitation Code
- Insurance law
- Labor Code
- Employees Compensation Law
5. CORPUS DELICTI
- Is the body or substance of the crime and is
defined as the fact that a crime actually has been
committed. In all criminal prosecutions, the burden is on
the prosecution to prove the corpus delicti.
QUANTUM OF PROOF
1. In Civil Cases the quantum of proof necessary to
prove a civil complaint is a PREPONDERANCE OF
EVIDENCE. The party filing or bringing a civil complaint
has the burden of proof and must establish the truth and
righteousness of his allegations by a preponderance of the
evidence admitted by a competent court.
2. In Criminal Cases
the quantum is proof beyond reasonable doubt.
In a criminal case the accused is entitled to an
acquittal, unless his guilt is shown beyond
reasonable doubt
Presumption of INNOCENCE is a conclusion drawn
by the constitution and the law in favor of the
accused , while REASONABLE DOUBT, is a
condition of mind produced by proof resulting from
evidence in the case.
3. To establish matters of defense
- The doctrine of reasonable doubt applies only
to incriminative facts.
4. To establish self defense
- One who sets up SELF DEFENSE must rely
on the strength of his own evidence and not on the
weakness of that of the prosecution.
5. To establish Alibi
- It must be proved by positive, dear and
satisfactory evidence. Oral Evidence of alibi is so easily
manufactured and usually unreliable that it can rarely be
given credence.
6. In Administrative Complaints
- In cases filed before administrative or quasi
judicial bodies, a fact maybe deemed established if it
supported by substantial evidence which means that
amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion.
CHAPTER 2 MEDICAL AND HOSPITAL
JURISPRUDENCE
Medical Jurisprudence:
Is the study of the Medical Law and its applicable
Jurisprudence, that governs, regulates, and defines
the practice of medicine.
It includes the rights, duties, obligations and liabilities
of both physician and patient to each other in a
physician patient professional contract.
2. Criminal Law
Felonies and circumstances which affect criminal
liability
Civil liability ex delictu
Crimes relative to opium and prohibited drugs
Crimes against persons
Crimes against chastity
2. Fiduciary:
- founded in trust, faith, and confidence reposed by one
person in the integrity and fidelity of another.
CHAPTER 3 DEATH
Legal Presumption of Death:
If absent without explanation from his or her usual or
last place of residence for a long continuous period.
Circumstantial proof of death
Ex. a passenger on an airplane that crashed is
considered to have died even if no remains can be
recovered.
4 Kinds of Death:
1. Clinical or Somatic Death
2. Brain Death
3. Biological Death
4. Cellular Death
BRAIN DEATH
BIOLOGICAL DEATH
All the components of the brain are dead
There is also permanent extinction of bodily life.
It is cardiorespiratory and brain death altogether with
permanent cessation of all the anatomic and
physiological functions of the body organs.
CELLULAR DEATH:
The death of the different parts of the body occurs at
different times and stages.
This is the reason why such organs as the corneas
and the kidneys can be removed immediately after
biological death and transplanted successfully.
SIGNS OF DEATH:
1. Cessation of heart action and circulation
2. Cessation of respiration
3. Cooling of the body ( Algor Mortis )
- The temperature of 15 20 degrees
Fahrenheit is considered as a certain sign of death.
Classification of Euthanasia:
1. Voluntary euthanasia is euthanasia conducted with consent
2. Involuntary euthanasia
is euthanasia conducted without consent.
-is conducted where an individual makes a decision for another
person incapable of doing so.
- also known as physician assisted death, physician assisted suicide
or mercy killing.
3. Passive euthanasia entails withholding of common treatments
4. Active euthanasia entails the use of lethal substances or forces
to end life and is the most controversial means.
SPECIFIC INJURIES
1. Head
a. Types of Head Injuries:
a.1 Hematoma
a.2 Contusions
a.3 Skull fractures
a.4 Hemorrhage
2. Spine and Spinal Cord Injuries
The most common causes of severe spinal trauma are
motor vehicular accidents, falls, diving accidents, and gunshot
wounds.
3. Chest
a. Life Threatening Injuries
Pnumothorax
Hemothorax
Flail chest as in multiple rib fractures Cardiac
tamponade due to penetrating injuries
b. Potentially Lethal Injuries
b.1. Pulmonary Contussion with or without flail
chest
b.2. Thoracic Aortic Tear or Rupture the most
common cause of sudden death after a
vehicular accident or fall ( major decelaration
injury )
c. Serious Chest Injuries
4. Abdomen
Types of Injuries:
a. Penetrating
- Gunshot wounds of the abdomen carry 95%
probability of significant visceral injury
- A bullet when it hits the abdomen will penetrate
the abdominal wall, enter the abdominal cavity
and most likely injure more than one organ.
- The incidence of abdominal injury is strikingly
higher in gunshot wounds than in stab wounds.
- The major cause of death is hemorrhage and
this occurs within the first 24 hours
- In stab wounds of the abdomen , only 2/3
penetrate the peritoneal cavity; of these only
cause significant visceral injury that requires
surgical repair.
b. Blunt
- The spleen and liver are the most commonly
injured organs due to blunt trauma.
6. Urologic
- Hematuria following trauma
- Blunt kidney injury is usually due to motor
vehicular accidents which account for 70 90 %
of kidney trauma.
- Penile injury:
The erect penis is usually 6 8 inches long and
1 -2 inches in diameter.
- Avulsion of the prepuce this may follow
accidents where the foreskin called prepuce is
detached or lacerated by a blunt force.
- Fracture of the penis this is the traumatic
rupture of the corpora cavernosa penis resulting
from a forceful trauma to the flaccid organ.
- Amputated penis the penis of an avid
womanizer is sometimes intentionally cut or
amputated by a jealous derange wife or lover.
7. Arterial trauma
8. Burns
b.1 Penetrating the wound enters the body but does not come out.
Punctured, stab and gunshot wounds usually belong to this type of
wound.
b.2 Perforating there is a communication between the outside,
inner and the outer side. There is both a point of entry and exit.
CLASSIFICATION OF WOUNDS
1.
AS TO LEGAL CLASSIFICATION
Chapter 1 DESTRUCTION
OF LIFE
a. Article 246. Parricide
b. Article 247. Death or Physical Injuries Inflicted Under Exceptional
Circumstances
c. Article 248. MURDER
- Any person who, not falling within the provisions of
Article 246 shall kill another, shall be guilty of murder and shall be
punished by Reclusion Perpetua, to death if committed with any of
the following attendant circumstances;
1. With treachery
2. In consideration of a price , reward or promise
3. By means of inundation etc.
4. On occasion of any of the calamities etc.
5. With evident premeditation
6. With cruelty etc
Classification of Wounds
3. AS TO MORTALITY
a. Deadly Wound- Death results immediately, after the infliction of
the wound. Deadly wounds though mortal, maybe prevented with
prompt medical treatment.
b. Non Deadly Wounds Does not result to death immediately, after
the wound is inflicted. A non deadly wound may cause death later,
due to complications i.e. tetanus, septicemia
Classification of Wounds:
4. AS TO THE WOUNDING INSTRUMENTS USED:
a. Sharp Instruments Ex. incised wound, punctured wound, stab
wound dagger or kitchen knife
b. Blunt Instruments A block of wood or iron produces contusion,
hematoma, abrasions, lacerated wound when used to strike, attack,
wound, beat or assault another
Classification of Wounds:
5. AS TO THE CONSEQUENTIAL INJURY AFTER THE
APPLOCATION OF FORCE
a. Coup Injury b. Coup Centre Coup Injury
c. Contre Coup Injury
d. Locus Minoris resistancia
e. Extensive injury
Classification of Wounds:
6. AS TO THE INTEGRITY OF THE SKIN
A. CLOSED WOUNDS Presents no break in the integrity or
continuity of the skin. There maybe only outward manifestations of
injury internally.
Ex. of closed wounds:
1. petechiae a circumscribe extravasation of blood in the
subcutaneous tissue.
2. contusion effusion of blood into the tissues underneath the skin
as a result of a blunt force. Ex. black eye
3. Hematoma
4. Blunt injury
5. Musculoskeletal injuries
CHAPTER 2
PHYSICAL INJURIES
a. Article 262. Mutilation Any person who shall intentionally
mutilate another by depriving him, either totally or partially , of some
essential organ of reproduction.
b. Article 263. Serious Physical Injuries Any person who shall
wound, beat, or assault another, shall be guilty of the crime of
serious physical injuries
B. OPEN WOUNDS
- There is a break in the continuity of the skin
Examples:
1. Abrasion
2. Bruise
3. Incised wound
4. Stab wound
5. Punctured wound
6. Perforating wound
7. Lacerated wound
8. Bites
9. Gunshot wounds
B. REGULATED DRUGS
1. Self inducing sedatives such as secobarbital,
phenobarbital, pentobarbital, barbital and any drug which
contains salt or derivative of a salt of barbituric acid.
2. Any salt of amphetamine such as Benzedrine or any
drug which produces a physiological action similar to
amphetamine.
3. Hypnotic drugs, such as methaqualone producing
similar physiologic effects.
IMPORTANT TERMS in the DANGEROUS DRUG ACT
OF 2002
1. Drug Syndicate
2. Illegal Trafficking
3. Chemical Diversion
4. Planting Evidence
5. Drug Dependence
Kinds of Ospresiophilia
1. Urolagnia
2. Coprolagnia
3. Mysophilia
a. Narcissism
b. Saboteur Fetish
c. Vampirism
D.STIMULANTS:
Amphetamines methamphetamines ( Shabu, speed );
methylenedioxymethamphetamine ( MDMA, ecstasy or
Adam )
Acts on the cerebral cortex causing alertness,
excessive self confidence and feeling of well being.
Physical performance may to some degree
temporarily improve.
Untoward Effects:
They increase the blood pressure and heart rate.
Fatal heart attacks have occurred even in healthy,
young athletes. The blood pressure maybe so high
that a blood vessel in the brain ruptures causing a
stroke.
Coccaine is an alkaloid from the leaves of the coca
shrub cultivated in Bolivia and Peru.
It produces effects similar to amphetamines, but is a
much more powerful stimulant.
Is used to excite the undersexed.
Is a euphoriant and readily relieves fatigue
Untoward Effects:
Same as amphetamine
E. DEPRESSANTS:
Angel dust
Depresses the brain and abusers usually become
confused and disoriented shortly after taking the
drug.
Can be combative and because they dont feel the
pain they may continue fighting even when hit hard.
CHAPTER 6 SEXUAL DYSFUNCTIONS AND SEXUAL CRIMES
SEXUAL CRIMES:
Chaste An unmarried woman who has had no carnal knowledge
with men or that she never voluntarily had unlawful sexual
intercourse. These also denotes purity of mind and innocence of
heart.
2. Sado masochism
a. Sadism
b. Masochism
3. Fetishism
a. Anatomic
b. Clothing
.
c. Necrophilic
d. Odor ( ospresiophilia )
i. Obsessive Compulsive
j. Passive Aggressive
k. Dissociative
13. Schizophrenia a serious mental disorder characterized by loss
of contact with reality ( psychosis ) , hallucinations, delusions ( false
beliefs ) , abnormal thinking, disrupted work and social functioning
Types of Schizophrenia:
a. Paranoid
b. Hebephrenic
c. Catatonic
CODE
Types of Compulsion:
a. Pyromania
b. Kleptomania
c. Dipsomania
d. Homicidal impulse
e. Sex impulse
f. Suicidal impulse
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