Chapter 1 The Law and the Legal System (p. 1-18)

Statutory Law

i. Law made by legislatures

Legislatures

Elected body of persons with responsibility of enacting laws (statutes):

Administrative agencies

implement desired changes in policies or to administer a body of substantive law when the legislature itself cannot perform these functions.

Common law/case law

i. Law developed from judicial opinions
ii. Unwritten laws based on legal precedents established by the court

Administrative law.

Law regarding rules and regulations made and enforced by governmental agencies
ii. Can result in:
1. Warning
2. Fines
3. License revocation
4. License suspension
5. Probation

List the responsibilities of administrative agencies.

Make laws by enacting regulations and by making enforcement decisions through hearings
Created by legislature to implement desired changes in policies/administer a body of substantive law (when legislature itself cannot perform these functions)
e.g.: Stat

Criminal liability

i. Can be charged with a crime only if there is a statute prohibiting conduct in question
E.g. - Pharmacist who sells prescription-controlled substance without a prescription

Civil liability

i. Lawsuit in which one private part sues another private party alleging an injury

Administrative liability

Law regarding rules and regulations made and enforced by governmental agencies
Pharmacist has violated a statute or regulation committed an act that warrants an investigation/hearing by opinion of the agency.

1) List four factors that courts rely on in making decisions.

I. Fundamental notions of fairness
II. The custom or history involved
III. The command of a political entity
IV. The best balance between conflicting societal interests.

Describe the hierarchy of statutes and which law prevails under preemption doctrine.
Statues can be organized in a hierarchical order:

I. Federal statutes
II. State constitutions
III. State legislation
IV. Ordinances

preemption doctrine

Federal law always prevails over state law under the supremacy clause in the constitution

CMS:

The Centers for Medicare & Medicaid Services is a federal agency that administers the nation's major healthcare programs including Medicare, Medicaid, and CHIP.

FDA

Food and Drug administration:

FTC

Federal trade commission enforces unfair business practices and antitrust violations.

DEA

Drug enforcement administration, administers the federal controlled substance act.

List three legal tests an administrative regulation must generally meet to be valid.

I. must be within the scope of the agency's authority
II. must be based on a statue that gives the agency the authority to promulgate the regulation
III. must bear reasonable relationship to the public health, safety, and welfare.

Describe when "judicial review" becomes applicable to administrative regulation.

� On judicial review, a court usually examines the record of the administrative hearing.

Federal register

daily publication that lists various federal actions, including proposed regulations, final regulations, and various government notices.

� Federal agencies publish their regulations and other information chronologically in the federal register and publish final regulations at the appropriate location in the ______.

Code of Federal Regulations (CFR)

Stare decisis:

Let the decision stand; decisions are based on precedents from previous cases
Serves two purposes:
I. Establishing continuity of decisions
II. Expediting judicial decision making

Voir dire:

Jury selection process

Subpoena

Order to appear in court at a specific time and place

Summary judgment

a judgment decided by a trial court without that case going to trial; a summary judgment is an attempt to stop a case from going to trial

directed verdict

a ruling that the plaintiff has entirely failed to prove some aspect of her case

Proof required for criminal case

The burden of proof is beyond a reasonable doubt

Proof required for civil case

Preponderance of the evidence