Lecture 2 part 1

Question 1

Sources of Law

US Constiution

Any power not specifically granted to federal government is reserved in the states of individuals

No federal or state or local law may conflict

Question 2

What is the supreme law of pharmacy in the United States?

Answer 2

US constitution

Question 3

The president can’t sign a treaty with another country that violates our constitution

Question 4

Legislatures, administrative agencies, courts, and president can make laws. (may not be called laws but they have authority of law…legislature pass laws but it has to go to executive branch to be signed off on..unless they are override a veto

Question 5

Administrative agencies are within the executive branch they write regulations

Question 6

Federal level and in the common wealth of Massachusetts they also write policies which is a terrible ways to create law (with a policy its just written down and there it is)

Question 7

Worst offenders in the federal government? FDA ☹

Question 8

Massachusetts is the only state that has policies from their board of pharmacy

Question 9

Courts when they make laws its through an opinion usually your lower level courts like your county courts or your district courts and the federal system they don’t usually produce a lot of common law because it will only apply to their district or in the case of the states it would be the county

Question 10

Mid level courts and high level courts they will make common law based on what they said…an opinion

Question 11

An executive order is law made by the president

Question 12

Federal Authority to Regulate Pharmacy

Emanates from the commerce clause of the US Constitution:
“To regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes”

Known as the regulation of ______________from which most federal police powers emanate

Answer 12

interstate commerce

Question 13

If I make something in Massachusetts and I sell it in New Hampshire I’m engaging in interstate commerce…If I make something in Massachusetts and sell it in Massachusetts I’m not engaging in interstate commerce

Question 14

If you make something just in Massachusetts and you only sell in MA the FDA doesn’t any authority over you

Question 15

Any authority of the federal government has to come from the Constitution

Question 16

The ___Amendment of the US Constitution reserves in the states any powers not delegated to the federal government

These reserved powers are termed police powers and include the authority to regulate the public’s health, safety, and welfare.

Answer 16

10th

Question 17

When does Society typically act to create law?

______enforcement of a de minimis violation (ex:you have a tail light out on your car and 3 police cars corner you, pull you over, yank you out of your car, throw you to the ground,handcuff you)

Gross ___________ (ex: we are going make these offenses no bail offenses…you get released on your recognizance…and the worst ones are pedophiles…we are not applying justice equally…in California there are a lot of stores closing because they made it a law if you shoplift under $950 dollars that’s okay and they enforced it against shops that had their own security that were stopping people saying hey couldn’t do that and actually find them and went to put the security in prison…we are allowing crime if its just $500 dollars and thieves are just loading up their bags)

Involvement of public figures

Answer 17

Harsh

injustice

Question 18

Why is there law regarding drugs?

To ensure __________

To ensure efficacy

To protect the _________ and/ or unknowledgeable

Answer 18

safety

innocent

Question 19

Limits placed on the law

Who is the liming body?

Why or when do they limit law?

Certain human relationships already __________,i.e., within families, professions and religious groups

_________punishment of de minimis violations, i.e., technical violations (ex:4 ft of space for compounding we are closing you down)

Overriding individual freedom decisions should only occur to prevent harm to others (ex:So, if a rule or law limits your freedom, it’s usually because it’s meant to protect others from getting hurt.)

Answer 19

well-defined

excessive

Question 20

Protections provided by the Bill of Rights

Who does the Bill of Rights protect? __________

From whom does it protect? The government (not private entities)

Answer 20

Individuals

Question 21

US government structure
US Federal Government

“A democratic ________”

Tripartite meaning we have 3 branches: legislative branch, executive branch, judicial branch

Answer 21

republic

Question 22

Legislative branch makes _______

Answer 22

law

Question 23

Executive branch
________/administers law

Answer 23

enforces

Question 24

Judicial branch _______law

Answer 24

interprets

Question 25

Legislative branch makes
statutes

Question 26

Executive branch makes _________,executive orders, policy and procedures

Answer 26

regulations

Question 27

Judicial branch makes _________

Answer 27

common law