introduction to government and law - ch 1

based on the learning objectives that someone else did

what are the 3 parts of the constitution?

preamble: purpose of the document and government

articles: how the government is structured and how the constitution can be changed; 7 articles

amendments: changes to the constitution; first ten: bill of rights

the constitution is the cornerstone of US government and the supreme law of the land. it describes the structure of ________ and rights of the ______

structure of federal government and rights of the people

what are the principles in the constitution?

inherent rights: anyone living in America has them

self government: government by the people

separation of powers: branches with different powers

the constitution has been effective since _____ and has _____ amendments to date

1788

27 amendments

what is the legislative branch of government?

makes laws for the nation

congress

what is the executive branch of government?

provides leadership and enforces laws

president

what is the judicial branch of government?

explains and interprets laws

judges: supreme court and lower courts

what article states: legislative powers granted shall be vested in a congress of the US, which shall consist of a senate and house of representatives?

article 1

article 1 section 8 states that congress shall have power to ____________

it is also known as _________

power to regulate commerce with foreign nations, and among the several states, and with the indian tribes

AKA interstate commerce clause

what article states: executive power shall be vested in a President of the united states of america ?

article 2

what article is about judicial power?

article 3

what is referred to as the “supremacy clause” ?

article 6

what amendment is about states rights?

amendment 10

amendment 14 section 1 states that a State cannot deprive any person of life, liberty, or property, without ___________; nor deny to any person within its jurisdictioon the ___________

due process of law

equal protection of the laws

legislative branch makes laws for _______

the nation

statutory law

T/F opinions are rules enforceable as law, binding on ALL lower courts

FALSE

binding on lower courts WITHIN SAME JURISDICTION

stare decisis/precedent

decisions made in prior cases are followed in current cases and will be followed in future cases with same facts

the US constitution’s _________ governs conflicts between state and federal regulations

supremacy clause

(article 6)

what does the federal government regulate? what do they make?

regulate interstate (between states) and international trade

make laws necessary and proper to carry out its power

what does state government regulate? and what do they do?

regulate intrastate (within the state) businesses

issue licenses

take measures for public health and safety

T/F each state has its own constitution

TRUE

what is the hierarchy of laws (after constitution)

1. federal statutes

2. state constitutions

3. state legislation

4. ordinances

T/F state laws can be stricter than federal laws and NOT be considered a conflict

TRUE

what is a conflict?

complying with state law but violating federal law in the process

basically when federal law is stricter

______ pass rules and regulations; not laws, but they have “force of law”

administrative agencies

list examples of administrative agencies

federal: DOJ, DEA, FDA

state: State Board of Pharmacy, DMV

administrative agencies gives us ____________ to meet

minimal standards

T/F many pharmacies have policies less strict than state and/or federal law

FALSE

work policies shouldn’t be less strict than laws/rules

typically work policies are stricter than fed/state law

civil law

private party (plaintiff) sues another party (defendant) alleging harm/injury

objective: compensation, or defendant ordered to do or stop an action

administrative law

action taken by administrative agency to enforce its regulations

discipline: public reprimand, monetary fine, license probation, suspension, or revocation

criminal law

involves criminal charges by the government against the pharmacy/pharmacist for violating a law with criminal penalties

penalties: monetary fines, probation, jail

the following is an example of what kind of law: malpractice action where patient sues the pharmacy/pharmacist for harm

civil law

the following is an example of what kind of law: a state board of pharmacy action against a professional license

administrative law

study scenario:

state law states that pharmacists can refill a CII up to 2 times for ceratin patients

federal law states no refills on medications

which law do you follow and why?

federal law!

you cannot follow state law without breaking federal law

study scenario:

state law provides you must do a physical inventory of all CIIs every month

federal law provides you must do a physical inventory of CIIs at least every year

your company requires an ongoing perpetual inventory of all CIIs

how would you proceed? what are the potential consequences for each action?

you should follow the stricter law: state law

if you follow federal law, the state can come after you

practice

a patient is suing a pharmacy in a lower court in state A, citing a case with essentially the same facts as decided by the supreme court of state B. which is the best answer as to whether the state A court must follow the supreme court’s decision in state B?

A. the principle of stare decisis requires the court to follow the decision

B. the principle of stare decisis requires the court not to follow the decision

C. the lower court might consider the decision but does not have to follow it

D. the lower court will likely not consider or follow the decision

C. the lower court might consider the decision but does not have to follow it

stare decisis is only applicable in the same jurisdiction

may consider decision from other states, but don’t have to follow them

practice

a pharmacist dispensed the wrong drug which caused injury to a patient. the patient sued the pharmacist and pharmacy for damages. this action is:

A. a civil action

B. a criminal action

C. either a civil action or criminal action

D. neither a criminal action or civil action

A. a civil action

lawsuit for damages

sued = monetary compensation

practice

an Oregon pharmacist dispensed a prescription drug to an Oregon patient requiring the accompaniment of a Med Guide under federal law, but did not include the Med Guide. If the federal government considers charging the pharmacist, it has:

A. no jurisdiction to charge the pharmacist because of the tenth amendment

B. jurisdiction to charge the pharmacist because of the tenth amendment

C. jurisdiction to charge the pharmacist because the transaction is considered interstate commerce

D. no jurisdiction to charge the pharmacist because the transaction is not considered interstate commerce

C. jurisdiction to charge the pharmacist because the transaction is considered interstate commerce

interstate commerce = congress has the power to regulate commerce among the several states

tenth amendment states that the powers NOT given by the federal government are reserved to the states or the people (this does NOT mean states don’t follow federal law)

practice

Assume that a state passed a law specifying that only a pharmacist may sell pseudoephedrine from a licensed pharmacy. Assume that federal law allows pseudoephedrine to be sold through any retail outlet. A consumer sued the state to have the state law invalidated because it conflicts with federal law. The consumer will:  

A. likely win on the basis that the state cannot regulate pseudoephedrine because it has already been regulated by the federal government

B. likely win on the basis of the preemption doctrine

C. likely lose because state law is more strict than federal law

D. likely win because state law is less strict than federal law

C. likely lose because state law is more strict than federal law

practice

Assume that the Supreme Court of Arizona issued an opinion that pharmacists have a legal duty to warn the prescriber and the patient if a prescription is written for a dangerously high dosage. The opinion:  

a. is merely an opinion and carries no authority

b. would be binding on all lower courts in arizona

c. would be considered by lower courts in arizona but is not binding

d. would be binding on lower courts in every state

b. would be binding on all lower courts in arizona

stare decisis: same jurisdiction

practice

congress enacts?

a. laws

b. regulations

c. ordinances

d. laws and regulations

a. laws

practice

which regulations statement is correct?

a. they are enacted by administrative agencies

b. they are enacted through a process of notice and comment rulemaking

c. they interpret and define statutes

d. all of the above

a. they are enacted by administrative agencies