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Pharmacy Law - WK 1

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alchemist04's version from 2018-06-26 19:57

Section

TermDefinition
2 Types of U.S. LawsCommon Law and Statutory Law
What is a common Lawit is the law that is derived from CUSTOM and JUDICIAL PRECEDENCE rather than statues. Often contrasted with statutory law
What is a Statutory LawIt is a WRITTEN LAW that is usually enacted by a LEGISLATIVE BODY.
What is the difference btw Statutory law and Common lawStatutory law comes from the Government, involves judges to incorporate both written and case precedent when issuing a ruling
Rank a hierarchical order of statutory lawsConstitutional Law > State Constitution > State Legislation > Ordinance
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TermDefinition
What is the source of Statutory LawLegislation
What is the source of Common LawJudiciary Opinions; and judicial precedence. it is a legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision
Define Administrative agenciesAdministrative agencies are created by the federal Constitution, the U.S Congress, state legislatures and local lawmaking bodies to manage crises, redress serious social problems, or to oversee complex matters of governmental concern beyond the EXPERTISE of legislators
What are the LEGISLATIVE functions of Administrative Agencies?To PROMULGATE (promote or make widely known) regulations based on statutes that gives the agency authority to do so; to INTERPRET and DEFINE statutes; to "NOTICE and COMMENT RULE-MAKING"
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TermDefinition
What are the JUDICIAL functions of Administrative Agencies?ENFORCE Regulations with HEARING which resembles hearing in a civil or criminal court; evidence presented > argument made > decision rendered
3 Criteria the Legal test Regulations must meet to be valid1. Regulation must be W/N THE SCOPE of Agency's authority 2. Regulations must be BASED ON THE STATUTE given to the agency authority to promulgate 3. Must bear REASONABLE RELATIONSHIP to public health, safety and welfare
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TermDefinition
Discuss "Judicial Review" as it relates to Administrative Agencies and when it is applicableJudicial Review of hearing is only applicable after " Exhaustion of Remedies"; Litigant must go through complete process of hearing, appeal, etc; If Litigant still not satisfied, then Judicial Review
What is "Cade de novo" as related to Judicial Review?In case of Judicial Review, there is "no substantial evidence for decision". Hence, decision of hearing ignored and a new trial conducted
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TermDefinition
Federal Register (FR), purpose, publication schedule and enforcementPurpose - to KEEP PUBLIC INFORMED of proposed legislation wh/ allows for comments, in addition to final regulation and gov't notices. Publication Schedule - daily newspaper. Enforcement - get more information
Code of Federal Regulation (CFR), purpose, Publication Schedule and EnforcementPurpose - To INDEX all final regulations. Publication Schedule - Published ANNUALLY
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TermDefinition
Define "Stare Decisis"abide by decided cases which is based on precedent; apparent in common law
What is the purpose of "Stare Decisis"?1. Save time on lengthy trial (expedite judicial decision making). 2. Established consistency among decisions
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