PPLE Module 1

Which of the following is true about ethics?

a.) Reflection on and application of moral norms to human motivation and conduct

b.) Distinctive logic of ethical statements, indicated by the terms "ought" or "should"

c.) Both

c.) Both

"Character of the moral actor" describes which type of ethics?

a.) Deonto-logical ethics

b.) Utilitarian ethics

c.) Virtue ethics

c.) Virtue ethics

"Whether the act results in maximum good consequences over bad ones" describes which type of ethics?

a.) Deonto-logical ethics

b.) Utilitarian ethics

c.) Virtue ethics

b.) Utilitarian ethics

"Whether the act conforms to a universal rational duty" describes which type of ethics?

a.) Deonto-logical ethics

b.) Utilitarian ethics

c.) Virtue ethics

a.) Deonto-logical ethics

TRUE or FALSE: Law is a subset of ethics

TRUE

Supporting the pharmacist-patient relationship, as well as the profession's relationship to the society at large, is an example of which type of ethics?

a.) Professional

b.) Personal

a.) Professional

TRUE or FALSE: The sponsor of a bill can be anyone, and does not have to be a legislator

FALSE (has to be a legislator)

What is the role of a conference committee?

a.) To draft new legislation

b.) To veto new legislation

c.) To rectify differences about a particular piece of legislation

d.) To decide if the bill goes to the Senate or the House floor

c.) To rectify differences about a particular piece of legislation

NOTE: Answer D is a responsibility of a CONGRESSIONAL committee

What vote is needed for Congress to veto a bill?

a.) 1/3

b.) 2/3

c.) 1/4

d.) 3/4

b.) 2/3

Which of the following entities are responsible for promulgating regulations?

a.) Legislatures (ex. Congress or state legislatures)

b.) Administrative agencies (ex. FDA or State Boards of Pharmacy)

c.) Cities or Counties (ex. Local governments)

b.) Administrative agencies (ex. FDA or State Boards of Pharmacy)

Which of the following entities are responsible for enacting statutes?

a.) Legislatures (ex. Congress or state legislatures)

b.) Administrative agencies (ex. FDA or State Boards of Pharmacy)

c.) Cities or Counties (ex. Local governments)

a.) Legislatures (ex. Congress or state legislatures)

Which of the following entities are responsible for passing ordinances?

a.) Legislatures (ex. Congress or state legislatures)

b.) Administrative agencies (ex. FDA or State Boards of Pharmacy)

c.) Cities or Counties (ex. Local governments)

c.) Cities or Counties (ex. Local governments)

TRUE or FALSE: State legislatures are generally modeled after Congress

TRUE

TRUE or FALSE: Legislative history is easier to determine because there exists more written records of committee hearings and reports

FALSE

--HARDER to determine because of LESS written records

TRUE or FALSE: Civil suits have an objective of punishment

FALSE

--Civil suits involve compensation, usually monetary

How many justices sit on the Supreme Court?

a.) 9

b.) 7

c.) 12

d.) 5

a.) 9

TRUE or FALSE: When the Supreme Court issues a ruling, that ruling is binding on all the lower courts in that system

TRUE

TRUE or FALSE: Legal opinions from appellate courts in other jurisdictions may influence courts outside their jurisdiction, but opinions are not binding on courts outside their jurisdictions

TRUE

TRUE or FALSE: Trial courts have nearly unlimited jurisdiction

TRUE

--Examples include county courts, superior courts, district courts, and circuit courts

If the parties involved in a court case are from different states, where must the suit be filed?

a.) Federal Court

b.) State Court

a.) Federal Court

The (BLANK) is the person bringing the action to court

a.) Defendant

b.) Plaintiff

b.) Plaintiff

The (BLANK) is the person that a court case is brought against

a.) Defendant

b.) Plaintiff

a.) Defendant

Whose name appears first in the title of the case?

a.) Defendant

b.) Plaintiff

b.) Plaintiff

TRUE or FALSE: The plaintiff does not have to prove that the challenged conduct has caused the plaintiff injury, and does not have to prove that there is a legally protectable interest

FALSE

--Must prove both of these

TRUE or FALSE: After the statute of limitations has expired, a case can no longer be brought

TRUE

--NOTE: In civil court, the statute of limitations begins when injury or damage is discovered, not necessarily when the injury or damage occurred

--In criminal court, it begins when the crime occurred

(BLANK) contains all material facts of the case and remedy requested

a.) Answer

b.) Complaint

c.) Summons

b.) Complaint

(BLANK) is issued by a court notifying defendant of suit and commanding defendant to file an answer

a.) Answer

b.) Complaint

c.) Summons

c.) Summons

(BLANK) refers to admitting to or denying allegations

a.) Answer

b.) Complaint

c.) Summons

a.) Answer

--NOTE: If an answer is not filed, there will be a default judgement in favor of the plaintiff

(BLANK) refers to the pretrial process where each side must give the other all facts, evidence, and names of witnesses upon which it will rely

a.) Deposition

b.) Summons

c.) Contempt of Court

d.) Discovery

d.) Discovery

(BLANK) refers to out-of-court testimony by a witness under oath

a.) Deposition

b.) Summons

c.) Contempt of Court

d.) Discovery

a.) Deposition

(BLANK) refers to the questioning of jurors by each side

a.) Carpe Diem

b.) Caveat Emptor

c.) Voir Dire

d.) Via Iure

c.) Voir Dire

Which side has the role to determine questions of fact?

a.) Judge

b.) Jury

c.) Executioner

b.) Jury

Which side has the role to determine questions of law?

a.) Judge

b.) Jury

c.) Executioner

a.) Judge

TRUE or FALSE: If a witness fails to appear in court after being issued a subpoena, they may be held in contempt of court

TRUE

When are expert witnesses called upon?

a.) When the factual subject matter is beyond the scope of jurors

b.) When the jurors are overqualified for judgement

c.) When the jury is biased

d.) When there is a hung jury

a.) When the factual subject matter is beyond the scope of jurors

Which of the following motions refers to when one party attempts to convince the judge that the other side's claims have no merit (even if correct)?

a.) Motion for Directed Verdict

b.) Motion for Summary Judgement

b.) Motion for Summary Judgement

Which of the following motions refers to, after the introduction of evidence, the parties alleging that the other lacks sufficient evidence?

a.) Motion for Directed Verdict

b.) Motion for Summary Judgement

a.) Motion for Directed Verdict

TRUE or FALSE: The jury's ruling is final, and the judge cannot rule contrary to its ruling in a civil trial

FALSE

--Judges can overrule a jury's verdict if they feel it is the wrong verdict

--This is called "Judgement Notwithstanding the Verdict (NOV)"

TRUE or FALSE: A mistrial may be granted if a major error or violation of law or procedure occurred during the civil trial

TRUE

Who issues indictments for an arrest and trial in criminal cases?

a.) Judge

b.) Grand Jury

c.) Governor

d.) Local police

b.) Grand Jury

TRUE or FALSE: At a criminal arraignment, a defendant must enter a plea of guilty or not guilty

TRUE

In which type of trial must burden of proof be "beyond a reasonable doubt"?

a.) Civil

b.) Criminal

b.) Criminal

In which type of trial must burden of proof be "a preponderance of the evidence"?

a.) Civil

b.) Criminal

a.) Civil

Brown v. Board of Education, 347 U.S. 483 (1954)

"347" in the above court case refers to:

a.) Reporter

b.) Year

c.) Page Number

d.) Volume

d.) Volume

Brown v. Board of Education, 347 U.S. 483 (1954)

"U.S." in the above court case refers to:

a.) Reporter

b.) Year

c.) Page Number

d.) Volume

a.) Reporter

Brown v. Board of Education, 347 U.S. 483 (1954)

"483" in the above court case refers to:

a.) Reporter

b.) Year

c.) Page Number

d.) Volume

c.) Page Number

Brown v. Board of Education, 347 U.S. 483 (1954)

"1954" in the above court case refers to:

a.) Reporter

b.) Year

c.) Page Number

d.) Volume

b.) Year

When federal and state law conflict, which law will be followed?

a.) Federal

b.) State

a.) Federal

--This is due to the Supremacy Clause of the U.S. Constitution

TRUE or FALSE: Conflicts in federal vs state law generally exist when the state law is more strict than the federal law

FALSE

--Occurs when state law is LESS strict than federal law

--If more strict, then no conflict exists

Which U.S. Constitution clause does the federal authority to regulate drugs arise from?

a.) Full Faith and Credit Clause

b.) Supremacy Clause

c.) Interstate Commerce Clause

d.) Takings Clause

c.) Interstate Commerce Clause

Which amendment of the U.S. constitution gives states authority to regulate drugs?

a.) 9th Amendment

b.) 10th Amendment

c.) 11th Amendment

d.) 12th Amendment

b.) 10th Amendment

--It is due to the inherent police powers granted by this amendment

TRUE or FALSE: State laws must bear a reasonable relationship to the public health, safety, and welfare

TRUE

According to Florida Statute 465.004, how are the Board of Pharmacy's members appointed and confirmed?

a.) Appointed by the Senate and confirmed by the Governor

b.) Appointed by the House and confirmed by the Governor

c.) Appointed by the Governor and confirmed by the Senate

d.) Appointed by the Governor and confirmed by the House

c.) Appointed by the Governor and confirmed by the Senate

According to Florida Statute 465.004, how many members are on the board of pharmacy?

a.) 3

b.) 5

c.) 7

d.) 9

d.) 9

TRUE or FALSE: All members of the board of pharmacy must be associated with the profession of pharmacy

FALSE

--Two members must be not associated at all with pharmacy

How long are board of pharmacy terms?

a.) 2 years

b.) 4 years

c.) 8 years

d.) 10 years

b.) 4 years

TRUE or FALSE: Florida Statute 465.004 allows a person associated with a drug manufacturer or wholesaler to serve on the board of pharmacy as a consumer member

FALSE

--This is strictly prohibited

TRUE or FALSE: At least one member of the board of pharmacy must be 60 years old

TRUE

TRUE or FALSE: 7 members of the board of pharmacy must be licensed pharmacists who are residents of Florida, and must have practiced for at least 4 years in Florida

TRUE

How many community pharmacists must serve on the board of pharmacy?

a.) 1

b.) 2

c.) 3

d.) 4

b.) 2

How many Class II, Modified Class II, or Class III institutional pharmacists must serve on the board of pharmacy?

a.) 1

b.) 2

c.) 3

d.) 4

b.) 2

TRUE or FALSE: The other 3 pharmacists on the board of pharmacy, aside from community and institutional pharmacists, can be from any practice setting as long as it is in the state of Florida

TRUE

What does Florida Statute 465.005 grant the board of pharmacy authority to do?

a.) Authority to form a board of pharmacy

b.) Authority to sue private citizens

c.) Authority to make rules

d.) Authority to produce drugs

c.) Authority to make rules

TRUE or FALSE: The law is not flexible

FALSE

--The law is very flexible because it deals with human relationships, which is what leads to confusion on what is and what is not legal

Why does the government regulate medications?

a.) Because it generates revenue for the government

b.) Because the government hates drug manufacturers

c.) Because of the potential risks that medications can pose to users

d.) Because it can, duh

c.) Because of the potential risks that medications pose to users

Orphan drugs and vaccines are examples of what kind of market failure?

a.) Natural monopolies

b.) Information asymmetry

c.) Externalities

d.) Public goods

d.) Public goods

--Public goods are those necessary and beneficial commodities that private entities will not supply because there is no incentive for a private entity to provide them.

The overuse of antibiotics is an example of what kind of market failure?

a.) Natural monopolies

b.) Information asymmetry

c.) Externalities

d.) Public goods

c.) Externalities

--An externality exists when the production or consumption of a good affects someone who does not fully consent to the effect and when the costs of a good are not fully incorporated into the consumer price. In this example, a patient overusing an antibiotic is affecting another patient who does not consent to this use, and the second patient will have resistance to the antibiotic if they contract the same illness as the first patient.

The cost to demonstrate the efficacy and safety of a drug far exceeds the cost of providing the drug when these parameters are proven. The government allows drug companies exclusive rights to the drug (brand name) for a set amount of time (in order to motivate companies to create these new drugs). Then, cheaper generics are allowed in the future. What kind of market failure is the original cost difference an example of?

a.) Natural monopolies

b.) Information asymmetry

c.) Externalities

d.) Public goods

a.) Natural monopolies

--A natural monopoly occurs when the fixed costs of providing a good are high relative to the variable costs, so the average cost declines over the time that the good is provided.

A medication's value is only truly determined by a patient after they have already purchased the drug and taken it. What market failure is this an example of?

a.) Natural monopolies

b.) Information asymmetry

c.) Externalities

d.) Public goods

b.) Information asymmetry

--Information asymmetry leads to market failures when the consumer is uninformed about the true value of a good.

TRUE or FALSE: Administrative agencies are considered the "fourth branch of government"

TRUE

How many amendments have been added to the U.S. constitution in addition to the Bill of Rights (which itself has 10 amendments)?

a.) 5

b.) 17

c.) 16

d.) 7

c.) 16

Which amendment applies the Bill of Rights to state governments?

a.) 12th amendment

b.) 13th amendment

c.) 14th amendment

d.) 15th amendment

c.) 14th amendment

Statutory law is made by which branch of the government?

a.) Judicial

b.) Legislative

c.) Executive

b.) Legislative

TRUE or FALSE: The legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws

TRUE

What does stare decisis mean?

a.) To make new judicial opinions

b.) To declare a mistrial

c.) To determine a guilty verdict

d.) To rely on previous judicial opinions to decide a case

d.) To rely on previous judicial opinions to decide a case

TRUE or FALSE: Boards of Pharmacy are housed in the Legislative Branch of government

FALSE

--Though they are created by legislatures, they are actually housed in the Executive Branch of government

TRUE or FALSE: Although regulations are not statutes, they have the legal force of statutes and must be obeyed as such

TRUE

Which of the following is a requirement that a regulation must meet in order to be valid?

a.) Regulation must be within the scope of the agency's authority

b.) Regulation must be based on a statute that gives the agency the authority to promulgate the regulation

c.) Regulation must bear a reasonable relationship to the public health, safety, and welfare

d.) All of the above

e.) None of the above

d.) All of the above

(BLANK) is a daily publication that lists various federal actions, including proposed regulations, final regulations, and various government notices.

a.) The Federal Register

b.) The Code of Federal Regulations (CFR)

a.) The Federal Register

(BLANK) is an annually revised compilation of final regulations divided and indexed by subject matter.

a.) The Federal Register

b.) The Code of Federal Regulations (CFR)

b.) The Code of Federal Regulations (CFR)

TRUE or FALSE: Court opinions are just opinions and not enforceable by law

FALSE

--Court opinions are considered legally binding

(BLANK) refers to law developed from judicial opinions

a.) Judicial Law

b.) Executive Law

c.) Historic Law

d.) Common Law

d.) Common Law

TRUE or FALSE: Common law and statutory law merge when courts are required to interpret the meaning of statutes

TRUE

TRUE or FALSE: Lower courts in one state must follow a state supreme court ruling from another state

FALSE

A pharmacist who sells a controlled substance without a prescription may be subject to:

a.) Civil action

b.) Criminal action

c.) Administrative action

b.) Criminal action

--Pharmacist has violated a statute, prompting legal action from the government

A pharmacist who doesn't keep proper prescription records may be subject to:

a.) Civil action

b.) Criminal action

c.) Administrative action

c.) Administrative action

--Pharmacist has violated an agency regulation, specifically with the Board of Pharmacy

A pharmacist who fills and sells a prescription to a patient who is allergic to the drug, may be subject to (BLANK) if the patient has an allergic reaction

a.) Civil action

b.) Criminal action

c.) Administrative action

a.) Civil action

--Pharmacist may have to compensate the patient for damages

TRUE or FALSE: Administrative agencies make law by enacting regulations and by making enforcement decisions through hearings

TRUE