Exam 1 (Overview) Flashcards

1
Q

Public Goods

A

Necessary and beneificial commodities that private entities will not supply because no incentives (ORPHAN DRUGS)

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2
Q

Externalities

A

When production or consumption of a good affects someone who does not fully consent to effect. When cost of goods are not fully incorporated into price (OVERUSE OF AB)

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3
Q

Natural Monopolies

A

When fixed cost of providing a good are high relative to the variable cost of production. Avg cost declines over time. (Gives patent holder ability yo exclude others from making products that would compete)

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4
Q

Information asymmetry

A

When consumer is uninformed about the true value of a good (More or less information from one party)

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5
Q

Minor Violations

A

Excused as long as it does not affect patient safety (ADULTERATION and MISBRANDING are unexcused)

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6
Q

Executive branch (FED)

A

Enforce laws, promote regulations, must be within agencies authority
FDA, DEA, CMS, FTC

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7
Q

Legislative branch (fed)

A

Make laws

Powers are vested in constituion (A.1 s.1)

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8
Q

Judicial (fed)

A

Interpret laws

Established by article 3 of constitution

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9
Q

State Law

A
  • (3) Branches (like fed)
  • Have power to legislate
  • BOPh (Admin branch under executive)
  • Highest is Supreme Judicial Court
  • Key agencies (Dep of Med. Assistance) (Dept of Public Health)
  • State license to practice, not federal
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10
Q

De Novo

A

Court demands new trial due to insufficient evidence in admin agency judicial trial

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11
Q

Code of Fed. Regulations

A

Compilation of final regulations divided and indexed by subject matter
- 50 titles.

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12
Q

Title 21

A

Title contains all of the FDA Regs in the CFG

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13
Q

Federal Register

A

Daily pub.

  • Federal Actions
  • Proposed Regulations
  • Final regulations
  • Govn notices
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14
Q

535, 100, 435

A

Congress = 535

  • 100 Senate
  • 435 Reps.
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15
Q

President Veto?

A

2/3 vote

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16
Q

Pocket Veto

A

President does not return a law to congress within 10 days

17
Q

Criminal

A

Government vs Private party (Jail time)

18
Q

Civil

A

(Private party vs Private Party) Compensation

19
Q

Administrative

A

Agency vs. Priv Party (Revoke licenses)

20
Q

State courts

A
  • (1) State supreme, but plenty of intermediate appelates
21
Q

Plaintiff

A

Appears first in trial documents