Lecture 1

Question 1

Administrative Law

Answer 1

Body of law that regulates the operation and procedures of government agencies

Question 2

Adjudicate

Answer 2

To hear or try to determine judicially

Question 3

Agency

Answer 3

Government organization set up for a specific purpose such as the management of resources, financial oversight of industries, or national security issues

Question 4

Amendment

Answer 4

A change in an existing law, bill, or regulation made by modifying it, adding to it, or deleting part of it.

Question 5

Arbitrary and Capricious

Answer 5

A decision not based on substantial evidence

Question 6

Drug Diversion

Answer 6

A medical and legal concept involving the transfer of any legally prescribed controlled substance from the individual for whom it was prescribed to another person for any illicit use.

Question 7

Due Process of Law

Answer 7

The Fifth Amendment of the U.S. Constitution says to the federal government that no one shall be “deprived of life, liberty or property without due process of law. Due process is the legal requirement that the government must respect all legal rights that are owed to a person.

Question 8

Et seq

Answer 8

Abbreviation for et sequential, meaning “and the following”

Question 9

Jurisdiction

Answer 9

The authority of a court to hear and decide a case

Question 10

Liability

Answer 10

Being legally responsible for an act or omission

Question 11

Malpractice

Answer 11

Provision of substandard care or services by professional (negligence)

Question 12

May

Answer 12

When used in statutes, it generally means not mandatory (in contrast to shall)

Question 13

Memorandum of Understanding

Answer 13

Document describing the general principles of an agreement between parties but does not amount to a substantive contract

Question 14

Mitigate

Answer 14

Deduce, abate, or diminish

Question 15

Negligence

Answer 15

Failure to use the care a reasonably prudent person would have used under similar circumstances

Question 16

Power of Attorney

Answer 16

A document giving one (1) person legal authority to act on behalf of another

Question 17

Precedent

Answer 17

A legal principle or rule formed by one or more appellate court that serves as authority in similar later cases

Question 18

Doctrine of preepmtion

Answer 18

Federal law preemptsstatelaw, even when thelawsconflict

Question 19

Promulgate

Answer 19

To proclaim or declare something officially; to publicize that a law or regulation is in effect

Question 20

Public Notice and Comment Period

Answer 20

In administrative law, rule-making is the process that executive and independent agencies use. Depending on the complexity of the rule, comment periods may last for 30 to even 180 days. … granted by the authorizing legislation and whether the agency properly followed the process for public notice and comment

Question 21

Regulation

Answer 21

A rule having the force of law issued by an administrative agency

Question 22

Sanction

Answer 22

A punishment or penalty

Question 23

Shall

Answer 23

When used in a statute, it means that something must be done or somebody must do something

Question 24

Standards of Practice

Answer 24

Written or unwritten rules followed by professionals in the course of performing their work or duties

Question 25

Substance Abuse Disorder

Answer 25

A disease that affects a person’s brain and behavior and leads to an inability to control the use of a legal or illegal drug or medication

Question 26

Unprofessional conduct

Answer 26

Conduct below the ethical standards of a professional

Question 27

Statute

Answer 27

a federal or state written law enacted by the Congress or state legislature, respectively

Question 28

Duty

Answer 28

An obligation, to which the law will give recognition and effect, to conform to a particular standard of conduct to another

Question 29

Breach

Answer 29

generally, any violation or omission of a legal or moral duty

Question 30

Causation

Answer 30

Whether an act or omission was responsible for something occurring or not occurring. Plaintiff must prove that the breach of duty was the proximate (“direct”) cause of harm.

Question 31

Harm

Answer 31

to damage, injure, or hurt

Question 32

Damages

Answer 32

A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another

Question 33

Standard Deadline

Answer 33

three (3) year limit for most tort claims (malpractice, error or mistake

Question 34

Discovery Rule

Answer 34

if the injured person did not discover the medical malpractice claim – and could not reasonably have discovered it – within the regular three-year statute of limitations, then the lawsuit may be commenced three years from the date that the injured person had knowledge or sufficient notice that the defendant’s medical treatment may have caused the injuries.

Question 35

Minor Children (statue of limitation)

Answer 35

under 18 (with one exception: a minor child less than six years old has until his/her ninth birthday to file a medical malpractice lawsuit)

Question 36

Statute of Repose

Answer 36

provides that a medical malpractice lawsuit may not be commenced more than seven years after the alleged malpractice – regardless of any of the exceptions discussed above – except where the medical malpractice lawsuit is based upon the leaving of a foreign object in the body.

Question 37

Sternberg v. California State Board of Pharmacy

Answer 37

After a technician was found to have stolen controlled substances, the California Board of Pharmacy sought to hold the pharmacist-in-charge liable, even though the pharmacist was unaware of the theft.

Question 38

Burton v. Walgreens

Answer 38

This case involved “spoliation of evidence,” meaning a party involved either intentionally or unintentionally destroyed evidence. In this case, a patient sought sanctions against a pharmacy for willful spoliation of evidence after Walgreens threw out a bottle and pills that were returned after a misfill.