1. Law and the Legal System

What are the 4 sources of law?

1. constitutions

2. statutes

3. regulations

4. case law

Case > Regulations > Statutes > Constitution

Law detail rankings

lays out general principles under which more detailed laws may be enacted

Constitutions Function:

What are 2 examples of constitutions?

1. US constitutions

2. Alabama constitutions

What are the 4 examples of statutes?

1. food drug and cosmetic act

2. controlled substances act

3. practice of pharmacy act

4. HIPAA

Labeling for drugs that require warning statements and what they say is an example of what source of law?

regulations

Highly detailed laws that regulate day-to-day details

Regulations Function:

Regulations Examples:

Package insert, drug imprints

A dispute about the definition of labeling that was of such importance that it made it to higher courts is an example of what source of law?

case law

Interprets constitutions, statutes, and regulations; decides lawsuits

Case law Function:

Case law Example

Miranda v Arizona

Where do federal laws apply?

throughout the country

Where do state laws apply?

within a particular state

True or False? When federal and state laws are in conflict, always follow federal law.

False

What are the 3 primary areas of law?

1. civil

2. criminal

3. administrative

What is the enforcement tribunal for civil law?

state or federal civil court

What is the enforcement tribunal for criminal law?

state or federal criminal court

What is the enforcement tribunal for administrative law?

state or federal administrative agency

The Board of Pharmacy is an example of what enforcement tribunal?

administrative agency

What are the 2 sanctions for civil law?

1. monetary damages

2. injunction

What are the 2 sanctions for criminal law?

1. monetary fines

2. imprisonment

What are the 2 sanctions for administrative law?

1. monetary fines

2. action against license to practice

What is notice to a defendant called in a civil law action?

complaint

What is notice to a defendant called in a criminal law action?

indictment

What is notice to a defendant called in a administrative law action?

statement of charges

True or False? Upon receiving notice that a legal action has begun, the defendant has a defined period in which to file an answer.

True

True or False? During the discovery phase of a law action, both sides have an opportunity to gather evidence and witnesses. The two sides do not have to share their evidence and there are often surprises during a trial.

False

What is the complainant called in a civil law action?

plaintiff

What is the complainant called in a criminal or administrative law action?

prosecution

True or False? In the event that the complainant or the defendant does not agree with the decision of the judge or jury, they may appeal to the next highest court.

False

List the levels of evidence from highest standard of proof to lowest standard of proof.

1. beyond reasonable doubt

2. clear and convincing

3. preponderance of the evidence

What level of evidence is applied in criminal cases?

beyond reasonable doubt

What 2 levels of evidence are applied in civil cases?

1. clear and convincing

2. preponderance of the evidence

What level of evidence is applied in administrative cases?

preponderance of the evidence

Clear and convincing evidence is when the evidence is _________ (marginally/substantially) more likely to be true than not.

substantially

Preponderance of the evidence is when the evidence is _________ (marginally/substantially) more likely to be true than not.

marginally