Legal Definitions Flashcards
ethical standards are enforced by
the profession itself, not by the govt.
Law represents what
“must be”
ethics represents what
“ought to be}
mores
sociological; customs that establish standards of conduct enforceable by social pressure, NOT GOVT
laws often originate in
ethical codes and mores
highest form of law
constitution
constitutions deal with
matters of fundamental & enduring importance rather than detains of a particular program or regulatory activity
treaty
an agreement between nations authorized by the US constitutions, they over-ride all laws but the constitution
second highest form of law
treaty
statutes
laws enacted by state or federal legislature; usually broad
regulations
administrative enactments of the executive branch that fulfill statutory policies
administrative laws
civil in nature; includes state & federal regulations that govern the relationship between govt and profession & industry- how you act to maintain your professional licenses & permits
area of law that governs much of the daily activities of a pharmacist
administrative law
____ has the final say of what the law really meanas
courts
stare decisis
the decision stands; important principle of judicial/case law
law derived from judicial decisions & interpretations of statutes & regulations
judicial or case law
judicial law enables lawyers to
anticipate how courts will decide legal cases in the future
on important limitation of judicial law
a prior decision is binding only in courts of the same jurisdiction
criminal law
defines the limitations of the relationship between the individual and society; prosecutor represents the people (govt).
civil law
pertains to the relationship between individuals in society; government is not a party
contract law
deals with duties that individuals have bc they entered into an agreement
tort law definition
deals with duties created by law, not duties created by parties themselves
tort law examples
- pharmacist must dispense the right drug
- you must stop at a red light
- when you harm someone else
regulations are put in place to support
statutes
in criminal court jury has to be
unanimous- in civil court it doesnt
