Outline in Jurisprudence

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NOTES TO NURSING JURISPRUDENCE Preponderance of evidence - Required only in civil cases - Not the same as proof beyond reasonable doubt which is required for criminal cases - Evidence which is more convincing to the court as worthy of belief than that offered in opposition thereto Beyond reasonable doubt - Required in criminal cases - Innocent until proven guilty - Evidence which produces conviction in an unprejudiced mind - Does not mean such degree of proof as excluding the possibility of error, produces absolute certainty. - Rather, moral certainty is only required Administrative cases - Mere substantial evidence Doctrine of res ipsa loquitur - Latin: The thing or the…show more content…
Any person committing a felony ( delito) although the wrongful act done be different from that which he intended and b. Any person performing an act which would be an offense against person or property • Were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means Error in personae ( mistake in the identity of the victim) - Two officers were ordered to arrest A, an escaped notorious convict and proceeding to the house of A, they saw a man sleeping with his back towards the door • Then they fired at him • Turned out to be B and not A • Still they are guilty of murder • Killing of a sleeping man without making an inquiry is a felony - Mistake in the identity Abberatio ictus - Mistake in the blow - X wanted to hit A but instead hit B superficially and killed F, his father. X is still criminally liable for attempted homicide with parricide ( father of X) Praeter intentionem - Injurious result is greater than that intended - A slapped B and B fell on the ground and died. A is liable for the death of B even if it was mere slapping. The wrong done must be direct and natural consequence of the felonious act - Proximate cause • That which
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