Intro to Law/US Legal System Flashcards
Common law is created by
court ruling where judge makes decision based on interpretation of statute/regulation;
includes precedents set in the past
Common law controls many of the ______ of pharmacists
responsibilities
ex. RPh should be accurate in dispensing/compounding
Stare Decisis = PRECEDENT
applies only to lower courts in places where precedent has been set (judges are not expected to follow precedents in other jurisdictions)
Discovery
all facts/evidence/witnesses must be exchanged between parties ahead of time
Deposition
out of court testimony by witness under oath
Motion
request made by either party to have judge make a decision about the case
Defendent
person who is being sued
Plaintiff
person who is suing
Motion for Directed Verdict
after evidence is introduced, one party alleges that the other lacks sufficient evidence
Objection
attempt to restrict introduction of evidence/testimony
Judgement notwithstanding the verdict (NOV)
judge may rule differently to jury if jury clearly reached wrong verdict
Mistrial
granted if major error/violation of law/procedure occurred during trial
Appeal
submitted by attorney citing the legal principles/precedents involved in error
Statutory law ______ pharmacy
REGULATES
Statutory law
written, coded law created by legislative body