Law Exam 1 PDF

Branches of Government - legislative, judician, executive legislative - make laws judicial - interpret laws executive - enforce law administrative - make laws, interpret, enforce laws types of laws in US - constitution, statutory law, administrative law, common law US constitution law - -supreme law...

Branches of Government - legislative, judician, executive legislative - make laws judicial - interpret laws executive - enforce law administrative - make laws, interpret, enforce laws types of laws in US - constitution, statutory law, administrative law, common law US constitution law - -supreme law of US -any federal or state law that conflicts is invalid -27 total amendments -first: freedom of sepech statutory law - a law made my legislatures (elected body of persons; Congresss) descriptive - statutory laws are ___, not perscriptive -intentionally vague statutes - organized in the following hierarchial order 1. federal statutes 2. state constitutions 3. state legislation 4. ordinances administrative law - The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. -called regulations regulations - interpret and define statutes created by congress common law - -law made by courts -when two or more parties cannot settle a dispute or controversy among themselves, they are likely to ask the court to settle -duty of court is to apply the power law to the facts before it and resolve the matter through judicial opinions which are enforceable by law -necessary when courts are needed to help interpret the meaning of statutes stare decisis - Let the decision stand; decisions are based on precedents from previous cases -applies only to lower courts w/in the jurisdiction; courts will often carefully consider opinions from other jurisdictions -establishes continuity of decisions -expedite judicial decision making criminal law - defines the limitation of the relationship b/w an individual and society ex. murder civil law - pertains to the relationship among individuals in society -ex. money issues administrative law - assures adherence to regulations -ex. losing licenses statute of limitations - a law stating the amount of time someone has to initiate a lawsuit infraction - fine or imprisionment 5 days to 1 year imprisonment, community service, probation felony - >1 year to life imprisonment power of attorney - the grant of authority of another to act on your behalf MORE - state law or regulation can be ___ strict than federal law or regulations (this would not be a conflict), but it cannot be less strict (this would be a conflict) stricter - always follow the ___ law product - federal law focuses on the ___ in pharmacy practice - state law focuses on the ___ in pharmacy FDCA (Food, Drug, and Cosmetic Act) 1938 - -provides for the comprehensive regulation of all drugs introduced into interstate commerce -protects consumers from adulterated or misbranded foods, drugs, cosmetics, devices -no new drug may be marketed and sold unless it has been proven safe and effective for its intended use and approved by FDA state pharamacy laws - who regulates pharmacy practice? FDA - administers the FDCA -component of the department of health and human services (DHHS) adulteration - what happens when you drop a drug on the floor