Chapter 18 Pharmacy Law/Regulatory Affairs Flashcards
evidence that may be heard by a jury
admissible
asking another court to decide
appeal
release under specified financial or nonfinancial conditions
bail
draft version of a potential law
bill
written agreement to perform a certain act
bond
collection or compendium of laws
code
used by the states as part of their official name
commonwealth
lawyer or team of lawyers
counsel
money to compensate the plaintiff for loss or injury
damages
to make a bill into law
enact
A crime that gets you to jail for more than a year
FELONY
written statement charging a person with a crime
written charge IN DICT MENT
person with specialized training and experience about a particular subject who testifies in a case
expert witness
*written questions are to be answered in
writing and under oath
*are submitted to a party in the case by the
party seeking discovery.
INTERROGATORIES
legal authority of a court to hear and decide a certain type of case
geographic area authority
Jurisdiction
person licensed to practice law and who advises clients on their legal
rights and obligations and represents clients in legal proceedings
Lawyer
Is an attorney always a lawyer
No, just usually
less severe, less than 1 year imprisonment or fine only
Misdemeanor
under court
supervision for a specified period of time but is allowed to remain in the
community
probation
To put (e.g., a regulation) into effect; to make known or public
promulgate
withdraw
recede
remedy; compensation (as damages) for a wrong
or loss, to make right
REMEDIOS MAGDAMIT KA NA
redress
Money damages or any other remedy the plaintiff seeks in a complaint
relief
judgment of the court imposing punishment upon a defendant for criminal conduct.
sentence
deliver or publish a notice or process as required by law; to make legal
service upon the person named in a process; to inform or notify by a legal service.
serve
law passed by a legislature
statute
postponement or halting of a judicial proceeding or judgment
stay
wrongful act causing injury to the person, property, or reputation (other than a
breach of contract) for which relief may be obtained in the form of damages. A tort
is also a violation of a duty (e.g., malpractice, not exercising due care) imposed by
law, but it is not a crime and is tried in a civil court
tort
The judge in a bench trial (i.e., no jury involved) or jury in a jury trial
that carries the responsibility of determining the issues of fact (weighing the
strength of evidence and credibility of witnesses of a debatable issue) in a case;
also called factfinder, finder of fact, and trier.
trier of fact.
A jury’s decision on the factual issues in a civil or criminal case.
verdict
federal government significantly regulates pharmacy
and health care products through two federal laws
Food, Drug, and Cosmetic Act (FDCA) and the Controlled Substances Act (CSA)
principal purpose of the FDCA
regulate the many aspects of the
sale of foods, drugs, cosmetics, and medical devices
principal purpose of CSA
control of the sale of drugs that
have a potential for abuse and addiction (i.e., controlled substances).
regulates the privacy and security of an individual’s health information
Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
sets requirements for the packaging of certain household substances,
including oral prescription drugs, in child-resistant containers.
Poison Prevention Packaging Act of 1970
established by enactments (e.g., statutes, regulations,
ordinances) of lawmaking bodies (e.g., legislature, administrative agency, city
council, county commission).
Statutory law
LAWMAKER STATUTORY
Five principal types of statutory law
CONTRESTAREGORD Constitution Treaty/Int agreement State Regulation Ordinance
law of the land
constitution
If a law does conflict with a constitution, it is said to
be
unconstitutional and consequently unenforceable
who approves Federal statute
President
Who approves State statute
Governor
federal and state administrative agencies and regulatory boards
sometimes called rules
Regulations
building codes,
construction permits, and fines
CITY ORDINANCE
Ordinances
(to abide by decided cases).
STARE/ABIDE decision DECISIS
stare decisis
wrong against another individual
Civil
an individual
commits a crime, the individual commits a wrong against society
Criminal
defining and providing for the rights of
individuals.
INDIVIDUAL SUBSTANCE
Substantive law
establishes the process for enforcing one’s rights or for
obtaining redress
Procedural Law
time limit within which a lawsuit must be filed
Statute of limitation
STATUTE OF time LIMITATION
Veto can be overturned if a vote equal to ____ is achieved
2/3
