Pharm Law Lecture 1

Front 1

What is a law?

Back 1

A rule of action or conduct prescribed by a controlling authority and MUST be obeyed

Front 2

Differentiate between Constitutional/Statutory/Administrative Laws

Back 2

Constitutional/Statutory laws are made by legislative bodies; Administrative laws (aka Rules and Regulations) are made by administrative (executive branch) agencies

Front 3

What are the different kinds of Constitutional/Statutory Laws?

Back 3

Federal and State levels

Front 4

What are the different kinds of Administrative Laws?

Back 4

Federal, State, and City/County Levels

Front 5

What kind of law is USC?

Back 5

Federal level constitutional/statutory (USC = US Code)

Front 6

What kind of law is FDCA?

Back 6

Federal level constitutional/statutory

Front 7

What kind of law is CSA?

Back 7

Federal level constitutional/statutory (CSA = Controlled Substances Act)

Front 8

What kind of law is HIPAA?

Back 8

Federal level constitutional/statutory

Front 9

What kind of law is ARS?

Back 9

State level constitutional/statutory (ARS = Arizona Code/Arizona Revised Statute)

Front 10

What kind of law is Federal rules and regulations?

Back 10

Federal level administrative law

Front 11

What kind of law is CFR?

Back 11

Federal level administrative law (CFR = Code of Federal Regulation; printed annually)

Front 12

What kind of law is State rules and regulations?

Back 12

State level administrative law

Front 13

What kind of law is AAC?

Back 13

State level administrative law (AAC = AZ Administrative Code)

Front 14

What kind of law is Ordinances?

Back 14

City/County level administrative law

Front 15

What kind of law is Pseudoephedrine rules?

Back 15

City/County level administrative law

Front 16

What kind of law takes effect when soeone has violated a statute or regulation?

Back 16

Administrative law

Front 17

What kind of law is promulgated by agencies?

Back 17

Administrative law

Front 18

What kind of law is ratified by legislative and executive branches?

Back 18

Administrative law

Front 19

Which statute created the FDA?

Back 19

FDCA

Front 20

Which agency created the AZ Pharmacy Practice Act?

Back 20

AZ Board of Pharmacy

Front 21

How do administrative agencies get their authority?

Back 21

(1) Legislation that gives officials/agencies to implement/enforce the law (2) Statutes

Front 22

What is Common Law?

Back 22

Judicial Law

Front 23

Describe the ascending order of the federal level of Judicial Law

Back 23

District Courts to Circuit Court of Appeals to Supreme Court

Front 24

Which circuit court of appeals is AZ in?

Back 24

9th Circuit

Front 25

Describe the ascending order of the state level of Judicial Law

Back 25

County Courts to 1st and 2nd Court of Appeals to State Supreme Court

Front 26

Who enforces the federal CSA?

Back 26

DEA

Front 27

What department has jurisdiction over DEA?

Back 27

Department of Justice

Front 28

What is Stare Decisis?

Back 28

Decide to abide by decided cases; Set of precedents that all lower courts in that jurisdiction must follow

Front 29

What are the boundaries of Stare Decisis

Back 29

Within that jurisdiction only and in the courts lower than the court that set the precedent case

Front 30

Who are the parties in a civil suit?

Back 30

Plaintiff v Defendant

Front 31

Who are the parties in a criminal suit?

Back 31

State v Accused

Front 32

What is the objective of a criminal suit?

Back 32

Punishment for violation of a statute

Front 33

What are the possible punishments for a criminal suit?

Back 33

Jail/Fines

Front 34

In a criminal case, must __________

Back 34

Prove guilty beyond a reasonable doubt

Front 35

What is the objective of a civil suit?

Back 35

To compensate the injured party for damages done by the defendant

Front 36

What are the possible punishments for a civil suit?

Back 36

Defendant can be prohibited from doing certain activities/fined

Front 37

In a civil case, must __________

Back 37

Have preponderance, Decisions based on 51:49 or more

Front 38

Describe the statute of limitations (and what it is in AZ)

Back 38

A time limit in which a suit must be filed and brought before a governing body from the date when the problem first started; 2 years (also, 2 years beyond 18 y.o.)

Front 39

In filing a civil suit, the person filing needs to have a ______

Back 39

Standing (valid reason of being involved)

Front 40

What are the steps in filing a civil suit?

Back 40

(1) Pay a fee (2) File a complaint in court (3) Serve complaint to defendant (4) Discovery process (5) Motions made

Front 41

Approximately __% of all civil law suits are settled by a judge

Back 41

50

Front 42

What is public policy?

Back 42

Any activity intended to affect government action

Front 43

What are the activities involved in public policy?

Back 43

(1) Community organizing (2) Research and analysis (3) Advocacy (4) Litigation

Front 44

What are the outcomes of public policy?

Back 44

(1) Court rulings (2) Ballot measures (3) Legislation (4) Regulatory and administrative actions

Front 45

Describe the public policy life cycle

Back 45

Problem definition to Agenda setting to Policy adoption to Implementation t0 Evaluation to Problem definition

Front 46

Describe Good Policy/Good Politics

Back 46

Policy will produce a measurable and positive outcome (good policy), and no one is expected to criticize you (good politics)

Front 47

Describe Good Policy/Bad Politics

Back 47

Policy will lead to a measurable and positive outcome (good policy), but there will be criticisms (bad politics)

Front 48

Describe Bad Policy/Good Politics

Back 48

Policy will not get outcome wanted, but it is still good politics

Front 49

Who are the policy makers?

Back 49

(1) Delegate (2) Trustee (3) Politico

Front 50

Describe the Delegate

Back 50

(1) Believe themselves to be the representative of their neighborhood/district (2) Acutely aware of public opinion and poll results (3) Tends to be more of a follower (4)Majority of elected officials

Front 51

Describe the Trustee

Back 51

(1) Advocates a specific ideology, principle, or world view (seen as uncompromising/rigid) (2) Concerned about public opinion (3) May be persuaded by information or research tht reflects their particular world views (4) 10-15% of public bodies

Front 52

Describe the Politico

Back 52

(1) More interested in campaign, trappings, and benefits of the office than particulars of public policy (2) Seen as always looking for the next office, always campaigning (3) Only focuses on public policy as it impacts their ability to seek and achieve another office (4) Very sensitive to current polls

Front 53

Describe methods of making public policy by elected bodies

Back 53

(1) Lawmaking (2) Budget process (3) Rule making (4) Oversight (5) Sunset option [For descriptions, See Lecture 1 Handout, pg 12]