Legal Definitions Flashcards

1
Q

ethical standards are enforced by

A

the profession itself, not by the govt.

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2
Q

Law represents what

A

“must be”

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3
Q

ethics represents what

A

“ought to be}

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4
Q

mores

A

sociological; customs that establish standards of conduct enforceable by social pressure, NOT GOVT

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5
Q

laws often originate in

A

ethical codes and mores

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6
Q

highest form of law

A

constitution

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7
Q

constitutions deal with

A

matters of fundamental & enduring importance rather than detains of a particular program or regulatory activity

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8
Q

treaty

A

an agreement between nations authorized by the US constitutions, they over-ride all laws but the constitution

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9
Q

second highest form of law

A

treaty

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10
Q

statutes

A

laws enacted by state or federal legislature; usually broad

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11
Q

regulations

A

administrative enactments of the executive branch that fulfill statutory policies

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12
Q

administrative laws

A

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

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13
Q

area of law that governs much of the daily activities of a pharmacist

A

administrative law

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14
Q

____ has the final say of what the law really meanas

A

courts

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15
Q

stare decisis

A

the decision stands; important principle of judicial/case law

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16
Q

law derived from judicial decisions & interpretations of statutes & regulations

A

judicial or case law

17
Q

judicial law enables lawyers to

A

anticipate how courts will decide legal cases in the future

18
Q

on important limitation of judicial law

A

a prior decision is binding only in courts of the same jurisdiction

19
Q

criminal law

A

defines the limitations of the relationship between the individual and society; prosecutor represents the people (govt).

20
Q

civil law

A

pertains to the relationship between individuals in society; government is not a party

21
Q

contract law

A

deals with duties that individuals have bc they entered into an agreement

22
Q

tort law definition

A

deals with duties created by law, not duties created by parties themselves

23
Q

tort law examples

A
  • pharmacist must dispense the right drug
  • you must stop at a red light
  • when you harm someone else
24
Q

regulations are put in place to support

A

statutes

25
Q

in criminal court jury has to be

A

unanimous- in civil court it doesnt