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LEGAL MEDICINE

Legal medicine is a branch of medicine which deals with the application of medical knowledge to
the purposes of law and in the administration of justice.
Forensic medicine is the application of medical science to elucidate legal problems.
Medical jurisprudence is the knowledge of law in relation to the practice of medicine.
Rule 138 , Section 5.
Additional requirements for other applicants. All applicants for admission other than those
referred to in the two preceding section shall, before being admitted to the examination,
satisfactorily show that they have regularly studied law for four years, and successfully
completed all prescribed courses, in a law school or university, officially approved and
recognized by the Secretary of Education. The affidavit of the candidate, accompanied by a
certificate from the university or school of law, shall be filed as evidence of such facts, and
further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the
following courses in a law school or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private international law, political law,
labor and social legislation, medical jurisprudence, taxation and legal ethics.
ARTICLE 12 NATIONAL ECONOMY AND PATRIMONY
Section 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit. The practice of all
professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
RA2382
THE MEDICAL ACT OF 1959
Vicarious liability
The tort doctrine that imposes responsibility upon one person for the failure of another, with
whom the person has a special relationship (such as Parent and Child, employer and employee, or
owner of vehicle and driver), to exercise such care as a reasonably prudent person would use
under similar circumstances.
Vicarious liability is a legal doctrine that assigns liability for an injury to a person who did not
cause the injury but who has a particular legal relationship to the person who did act negligently.
It is also referred to as imputed Negligence. Legal relationships that can lead to imputed
negligence include the relationship between parent and child, Husband and Wife, owner of a
vehicle and driver, and employer and employee. Ordinarily the independent negligence of one
person is not imputable to another person.

Contributory negligence
a doctrine of common law that if a person was injured in part due to his/her own negligence
(his/her negligence "contributed" to the accident), the injured party would not be entitled to

collect any damages (money) from another party who supposedly caused the accident. Under this
rule, a badly injured person who was only slightly negligent could not win in court against a very
negligent defendant.
Last clear chance
In the law of torts, the doctrine that excuses or negates the effect of the plaintiff's contributory
Negligence and permits him or her to recover, in particular instances, damages regardless of his
or her own lack of ordinary care.
The rule of last clear chance operates when the plaintiff negligently enters into an area of danger
from which the person cannot extricate himself or herself. The defendant has the final opportunity
to prevent the harm that the plaintiff otherwise will suffer. The doctrine was formulated to relieve
the severity of the application of the contributory negligence rule against the plaintiff, which
completely bars any recovery if the person was at all negligent.
There are as many variations and adaptations of this doctrine as there are jurisdictions that apply
it. Four different categories have emerged, which are classified as helpless plaintiffs, inattentive
plaintiffs, observant defendants, and inattentive defendants.
Assumption of risk
A defense, facts offered by a party against whom proceedings have been instituted to diminish a
plaintiff's Cause of Action or defeat recovery to an action in Negligence, which entails proving
that the plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.
Under the federal rules of Civil Procedure, assumption of the risk is an Affirmative Defense that
the defendant in a negligence action must plead and prove. The doctrine of assumption of risk is
also known as volenti non fit injuria.

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