Law Exam 1 PDF

Legislave & Judicial Processes January 10, 2024 Today is the rst day of test material! List the branches of government Legislave Make laws Judicial Interpret laws Execuve Enforce laws Administrave Make laws Interpret laws Enforce laws 5 Describe the four types of laws in the US US Constuon St...

Legislave & Judicial Processes January 10, 2024 Today is the rst day of test material! List the branches of government Legislave Make laws Judicial Interpret laws Execuve Enforce laws Administrave Make laws Interpret laws Enforce laws 5 Describe the four types of laws in the US US Constuon Statutory Law Administrave Law Common Law Made by country’s founders Made by legislatures Made by administrative agencies Made by courts 6 Describe the four types of laws in the US US Constuon The constuon is the supreme law of the United States Any federal or state law that con;icts with the Constuon is invalid (unconstuonal) 27 total amendments First 10 = Bill of Rights First amendment (Freedom of Speech) Government doesn’t regularly intervene on educaonal/scienc speech They do intervene on commercial speech, however! DTCA oE label markeng violaons Fines can be up to $30 billion + prosecuon (jail) + federal exclusion list + private payer exclusion 7 Describe the four types of laws in the US Statutory Law Law made by legislatures A legislature is an elected body of persons with the primary responsibility to make laws The legislature in the US is Congress, composed of a Senate and a House Laws are also know as statutes or acts Statutory laws are descripve, not prescripve. What does this mean? Statutory laws are intenonally vague Statutes are organized in the following hierarchical order:  Federal statutes  State constuons  State legislaon  Ordinances 8 What are some examples of pharmacy laws. Who wrote them? Describe the four types of laws in the US Administrave Law Law made by administrave agencies Called regulaons Regulaons interpret and dene statutes created by Congress Legislatures create administrave agencies to take on the legislave funcons that they cannot It makes sense that agencies, having a greater level of experse, create regulaons that determine how laws created by Congress will be implemented on a day-to-day basis However, the regulaon must be based on a statute that gives the agency the authority to create the regulaon What are some examples of pharmacy agencies? What do they administer? 10 Describe the four types of laws in the US How do administrave agencies perform legislave, execuve, and judicial funcons? They perform legislave funcons by: They perform judicial funcons by: They perform execuve funcons by: Creang regulaons Example? Interpreng regulaons Example? Enforcing regulaons Example? 13 Describe the four types of laws in the US Common Law Law made by courts When two or more pares cannot se8le a dispute or controversy among themselves, they are likely to ask a court to se8le the issue. The duty of the court is to apply the proper law to the facts before it and resolve the ma8er through judicial opinions (decisions) which are enforceable as law. Although common law principles are uniformly applicable in all states, each state does have its own common law, and some common law principles diEer from state to state. In some instances, common law principles have become so accepted and recognized that legislatures have codied them as statutes. 14 Describe the four types of laws in the US Common Law The essence of the common law system is the recording of judicial opinions and the reliance of courts on those previous opinions. This pracce is called stare decisis, meaning “to abide by decided cases.” In pracce, a court’s establishment of a certain rule of law based on a parcular set of facts becomes a precedent that all lower courts in that jurisdicon must follow. Purposes:  Establish connuity of decisions  Expedite judicial decision making 15 Describe the four types of laws in the US Common Law Stare decisis applies only to lower courts within the jurisdicon, but courts will oPen carefully consider opinions from other jurisdicons A court may vary from precedent for two reasons:  There may be factual diEerences between the cases  Changing mes and circumstances 16 Describe the four types of laws in the US Common Law If legislatures already make the laws, than why do courts make laws too? Common law is necessary when courts are needed to help interpret the meaning of statutes. It is virtually impossible for any legislature to write a law that is not ambiguous, vague, or confusing when applied to a specic issue. In fact, many statutes are deliberately wri8en in very general language to provide ;exibility. 17 Disnguish criminal, civil, and administrave law Criminal Law: Objecve: Iniaon of suit: Sancon: Level of proof: Denes the limitaon of the relaonship between an individual and society Deter an undesirable acvity; punish and rehabilitate the wrongdoer Iniated by the government Fine, prison sentence, or both Proof beyond a reasonable doubt Example? 18 Disnguish criminal, civil, and administrave law Civil Law: Objecve: Iniaon of suit: Sancon: Level of proof: Pertains to the relaonship among individuals in society Compensate the injured party for the damages caused by the wrongdoer Iniated by one private party alleging injury by another private party Compensaon for damages Proof by a preponderance of the evidence Example? 19 Disnguish criminal, civil, and administrave law Administrave Law: Assures adherence to regulaons Objecve: Iniaon of suit: Sancon: Example: Assures adherence to regulaons Iniated by the administrave agency Warnings, nes, license revocaon, license suspension, probaon 20 Dene statute of limitaons Statute of Limitaons: A law stang the amount of me someone has to iniate a lawsuit The law was established because aPer a lapse of me, the facts of an alleged violaon can become confused or forgo8en; therefore, a cutoE date is necessary The period of me varies depending on the type of case and the state in which the case has occurred 21 Dene statute of limitaons Mississippi Statute of Limitaons Type of Case Murder, robbery, rape Child abuse/sexual ba8ery of child Other felonies Misdemeanors Civil negligence Medical malpracce Time Limit No me limit N/A st Child’s 21 birthday N/A 2 years 2 years 3 years 2 years When the Time Limit Starts From the date the felony was commi8ed From the date the misdemeanor was commi8ed From the date the injury occurred Acons against healthcare providers must be led within two years of the date that the act giving rise to the injury occurred, or within two years of the date when the injury was, or should have been, discovered. In no event can a person le a medical malpracce acon more than seven years from the date that the negligent act or omission occurred. 22 Dene infracons, misdemeanors and felonies Dened by punishment (can vary from state to state) INFRACTION: Fine or imprisonment < 5 days MISDEMEANOR: Fine, >5 days to 1 year imprisonment, community service, probaon FELONY: >1 year to life imprisonment 23 Dene power of a8orney Power of A$orney: The grant of authority of another to act on your behalf 24 Describe the relaonship between federal and state law The pracce of pharmacy and the distribuon of drug products are subject to both federal and state legislaon and regulaons. In all types of law (not just pharmacy law), state legislaon and regulaons may not con;ict with federal legislaon and regulaons. Meaning… State law or regulaons can be MORE strict than federal law or regulaons (this would not be a con;ict), but it cannot be LESS strict (this would be a con;ict). If state law or regulaons are less strict, than federal law or regulaons prevail. We’ll talk about why Marijuana is an excepon later this semester 25 Describe the relaonship between federal and state law Example: Federal law provides that a pharmacist can rell prescrip ons for some controlled substances only ve mes within a 6-month period. If a state were to pass a law permi$ng 10 rells, that law would directly con(ict with federal law. A pharmacist who complies with state law by dispensing a sixth rell during the fourth month without a rell authoriza on would be in viola on of federal law. On the other hand, if a state passed a law allowing no rells of the controlled substances that are rellable under federal law, this stricter law would not con(ict with federal law. A pharmacist who complies with state law by refusing all rells would not be in viola on of federal law. Hint: Always follow the stricter law! 26 Describe the relaonship between federal and state law Example: Controlled Substances Less strict Pharmacy Federal Laws & Regulaons (MPJE) Controlled Substance Act (CSA) Drug Enforcement Administraon (DEA) Pharmacy State Laws & Regulaons (MPJE) State Controlled Substance Act State Board of Pharmacy Regulaons State Medical Boards (Physician Prescribing) (MPJE) More strict Medicare/Medicaid/Private Health Insurance (MPJE) Pharmacy Policies (NO MPJE!!!) Describe the relaonship between federal and state law FEDERAL LAW (PRODUCT) FDA – Food Drug and Cosmec Act DEA – Controlled Substance Act Others STATE LAW (PRACTICE) Mississippi Pharmacy Pracce Act (Law) Mississippi Pharmacy Pracce Regulaons The diEerence between law and regulaons 28