Law 101

Question 1

What is the Constitution?

Answer 1

The Supreme Law of the United States

no other law can conflict with or contradict the US Constitution

Question 2

What is the origin of the American Law

Answer 2

Englisch common law

Question 3

What is the 10th Amendment?

Answer 3

if a law is not regulated federally, it can be developed at the state level

laws of the state can never be less strict than federal laws (it would be unconstitutional), but it can be more strict

Question 4

What is the Statutory Law

Answer 4

Laws made by legislative bodies
fe:
at the federal level: congress, House Representatives, and Senate -> they make the Constitution

there are also legislative bodies at the state level

Hierarchy of statutory laws
Constitution
Treaty (binding agreements between nations, international)
Statue (US code, TN code)
Ordinance (fe. made by Johnson City commissioners)

Question 5

Case Law

Answer 5

Precedent, “stare decisis” - to abide (go) by decided cases

-rules are not clear -> cases are decided based on former cases

-may be reversed or overturned

Question 6

Case Law is based on…

Answer 6

Common Law

Question 7

Civil Law

Answer 7

case between two people (private parties)

Question 8

Civil Law can be based on which type of laws?

Answer 8

Statutory or civil law

Question 9

What is the objective of Civil Law?

Answer 9

Compensation

-by payment
-or “fix what you broke”

Question 10

Criminal Law

Answer 10

Society as a whole vs an individual

United States vs Jon Doe
State of TN vs Jim Cook

fe: murder, robbery
-> Punishment is fine or prison

Question 11

Which type of Law involves Statutes?

Answer 11

Criminal Law

Question 12

What are the branches of the legal system?

Answer 12

Legislative -> Congress
Executive -> President
Judicial -> Judges

Question 13

What is considered the “fourth branch” and important in regulating pharmacy?

Answer 13

Administrative agency

Agencies:
Food and Drug adminitration: FDA
Drug Enforcement Administration: DEA
Health and Human Services
Board of Pharmacy

Question 14

What is the rationale of the Administrative agency?

Answer 14

Decision makers in the agency have expertise in the field of pharmacy
-> make better decisions

Question 15

Who established the Agencies?

Answer 15

The Legislative

fe: The legislative body allows the Board of TN to make rules

“There shall be the Board of Pharmacy that govern Pharmacy Practice”…

Question 16

Who runs and staffs the Agencies?

Answer 16

The executive branch

in the state that would be the Governor

Question 17

Public goods

Answer 17

The government steps in for the public good - bc no one else is going to
fe: making roads, in pharmacy: orphan drugs (tax benefits for drugs of small population)

Question 18

Extenalities

Answer 18

The action of one affects others -> the government steps in and interfere

fe: OTC antibiotics, if anybody would take antibiotics, then resistance would increase and affect the population -> Regulations by the government

Question 19

Natural Monopolies

Answer 19

Patent to drugs that protects the new drug from generics so that the company can make its money back

Question 20

Information Asymmetry

Answer 20

The information is not equal between the two parties
fe: Pharmacist and patient

patients often don’t even have enough information to make informed decision or even ask questions to help them make decisions