Term
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Definition
| the science or philosophy of law |
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Term
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Definition
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Term
| law is a body of information that does what 3 things? |
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Definition
1. commands what is right
2. prohibits what is wrong
3. imposes penalties for violations |
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Term
| law is a ____ within which the information is used to resolve ____ and preserve ____ in society. |
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Definition
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Term
| law is a system within which the information is used to do what 2 things? |
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Definition
1. resolve conflicts
2. preserve order in society |
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Term
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Definition
1. to ensure relationships among individuals conform to certain standards
2. to form a framework through which people in society may resolve disputes
3. preserve order within society |
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Term
| what is the supreme law of the US? |
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Definition
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Term
| what is the US constitution? |
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Definition
| a broad statement of powers of the government and its branches |
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Term
| what does the 10th amendment state? |
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Definition
| states that a power rests with the states unless it is specifically assigned to the federal government or prohibited by the US constitution |
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Term
| The ____ amendment is why different states have different laws and Boards of pharmacy. |
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Definition
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Term
| Any _____ or _____ ____/____ that conflicts with the US constitution is invalid. |
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Definition
| federal or state statue/regulation |
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Term
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Definition
| laws enacted by legislatures including the US congress and State legislature |
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Term
| statues enacted by the US congress are at the ____ level |
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Definition
| federal or state statue/regulation |
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Term
| statues enacted by the State Legislature are at the ____ level |
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Definition
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Term
| what is the state legislature of ohio? |
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Definition
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Term
| what is the hierarchical order of statues? |
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Definition
federal statues
State constitutions
State legislation
Ordinances |
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Term
| statues are usually ____ in scope |
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Definition
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Term
| what is the function of statues? |
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Definition
| to establish a framework within which the intent of the law is to be achieved |
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Term
| statues may grant _____ ____ authority to implement/administer a body of law |
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Definition
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Term
| what are two examples of statues that granted administrative agencies authority? |
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Definition
1. united states code (USC) → controlled substance act → gave DEA authority
2. ohio revised code (ORC) → pharmacy practice act → gave OH board of pharmacy authority |
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Term
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Definition
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Term
| what does OH call regulations? |
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Definition
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Term
| what are regulations/rules? |
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Definition
| laws promulgated (to make known) by the administrative agencies |
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Term
| what are 3 examples of administrative agencies and what gave them authority? |
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Definition
1. OH board of pharmacy → pharmacy practice at
2. DEA → controlled substance act
3. FDA → FDCA |
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Term
| regulations/rules may be based on a ____ that gives the agency authority |
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Definition
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Term
| regulations/rules interpret and define ____ |
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Definition
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Term
| how do regulations/rules interpret and define statues? |
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Definition
| they provide us with details about how to abide by them |
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Term
| regulations/rules must bear a reasonable relationship to what 3 things? |
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Definition
| public health, safety, and welface |
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Term
| regulations/rules have the ____ force of statues |
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Definition
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Term
| what are 2 examples of regulations/rules? |
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Definition
1. code of federal regulations (CFR)
2. ohio administrative code rules (OAC) |
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Term
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Definition
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Term
| when there is a period between the numbers what does this mean? |
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Definition
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Term
| when there is a dash between the numbers what does this mean? |
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Definition
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Term
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Definition
| law made by courts through judicial opinions |
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Term
| Each ___ has its own common law |
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Definition
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Term
| common law is enforceable as law and binding on _____ courts within the same ______ |
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Definition
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Term
| federal common laws apply to what issues? |
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Definition
| issues that are not already addressed by statues |
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Term
| the US government consists of ____ major subdivision or branches |
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Definition
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Term
| what are the 3 major subdivisions or branches of the US government? |
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Definition
legislative
Executive
Judicial |
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Term
| what is the function of the legislative branch? |
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Definition
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Term
| what is the function of the executive branch? |
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Definition
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Term
| what is the function of the judicial branch? |
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Definition
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Term
| each branch serves as a ____ to the power of the others |
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Definition
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Term
| why are there 3 branches to the US government? |
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Definition
| b/c each branch serves as a check to the power of the others, no one branch can dominate and control the others |
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Term
| what is the primary function of the legislative branch? |
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Definition
| to enact statues (laws) through vote of the full membership |
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Term
| what is the legislative branch at the federal level? |
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Definition
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Term
| what is the legislative branch at the state level? |
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Definition
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Term
| both the federal and state legislative branch are composed of what two chambers? |
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Definition
| senate and house of representative |
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Term
| the senate is composed of what/ |
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Definition
| 100 members (2 from each state) |
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Term
| the house of representatives is composed of what? |
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Definition
| number of members per state is based on state population (OH has 18) |
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Term
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Definition
| legislation introduced into either the House or the Senate |
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Term
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Definition
| “a potential statue in draft before it becomes law” |
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Term
| a bill must be sponsored by whom? |
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Definition
| a senator or representative |
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Term
| ideas for bills originate from several sources. List 4 |
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Definition
1. lobbying groups (AphA, OPA, etc.)
2. citizens
3. government officials
4. the president |
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Term
| list the 7 steps of how a bill becomes a law |
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Definition
1. bill first introduced into either the house or the senate
2. bill moves to the congressional committee that has jurisdiction over the subject
3. the committee holds public hearings and conducts investigations
4. if bill receives majority of committee vote it is discussed in the House or Senate where it extensively debated, amended, and voted on
5. if passed, it then goes to the other chamber and process repeats
6. after the identical bill has been agreed on by both sides, it is presented to the president (federal ) or governor (state)
7. the president/governor may sign the bill, veto the bill, or allow the bill to become law without signing it |
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Term
| what is the role of the congressional committee? |
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Definition
holds public hearings
Conducts investigations |
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Term
| what are the 3 things that the president or governor can do with the presented bill? |
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Definition
1. sign the bill → makes it law
2. veto the bill → returns to congress or OH general assembly
3. allow the bill to become law without signing it |
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Term
| federally, how can the president's veto be overridden? |
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Definition
| vote of 2/3 from each house overrides the veto |
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Term
| state (Ohio), how can the governor's veto be overridden? |
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Definition
| vote of 3/5 form each house overrides veto |
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Term
| how can the president/governor allow the bill to become law without signing it? |
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Definition
| bill becomes law if not signed or vetoed within 10 days |
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Term
| what is the primary function of the executive branch? |
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Definition
| to administer and enforce legislation |
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Term
| responsibility of administrating legislation by the executive branch is assigned by legislation to what? |
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Definition
| a subdivision of the executive branch, administrative agencies |
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Term
| what is the primary function of the administrative agencies? |
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Definition
| implement and administer a body of law when the legislature cannot perform these functions |
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Term
| administrative agencies have a greater level of expertise in the subject than ___ or ___ legislature |
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Definition
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Term
| administrative agencies determine how legislature will be what? |
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Definition
| implemented on a day to day bases |
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Term
| administrative agencies participate in what 3 types of activities? |
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Definition
1. legislative-type action when making rules and regulations
2. executive action when enforcing the law
3. judicial-type action when interpreting the law to decide when violations have occurred (hearings) |
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Term
| the proposed regulations or rules by the administrative agencies are subject to _____ ____ before adoption |
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Definition
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Term
| the public comments before adoption of proposed regulations/rules by the administrative agencies are called what? |
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Definition
| “Notice and comment rulemaking” |
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Term
| public comment sessions gives _____ the opportunity to comment on proposed regulations/rules by the administrative agencies |
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Definition
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Term
| what does the administrative agencies do with the public's comments? |
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Definition
| agencies consider comments before final promulgation of the regulation |
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Term
| what are the 3 federal regulations in regards to public comments about proposed regulations/rules by the administrative agencies? |
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Definition
1. notice via the Federal Register with time period for comments
2. public hearings may also be held
3. available online: www.gpo.gov/fdsys/ |
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Term
| what are the 3 state regulations/rules (OH) in regards to public comments about proposed regulations/rules by the administrative agencies? |
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Definition
1. notice via the Register of Ohio with date/time of a public hearing
2. written comments also accepted
3. available online www.registerofohio.state.oh.us |
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Term
| what is the function of the judicial branch? |
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Definition
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Term
| what is the simplified hierarchy of the federal court system? |
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Definition
| US district courts → US court of appeals → US supreme court |
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Term
| if a conflict exists between state and federal law, ______ law always prevails under the Supremacy Clause of the Constitution |
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Definition
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Term
| if a conflict exists between state and federal law, federal law always prevails. However, if a state law is more _______ than a federal law it does not actually conflict. |
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Definition
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Term
| what is the point to remember with federal vs state law? |
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Definition
| always follow the more stringent/strict rule/law |
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Term
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Definition
| defines the limitations of the relationship between an individual and society; “an act so unacceptable that all of society is offended by it” |
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Term
| in criminal law, lawsuite is brought by society acting through a ___ ___ or ___ ___ |
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Definition
| district attorny or US attorney |
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Term
| in criminal law, one can be charged with a _____ if there is a statue prohibiting the conduct |
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Definition
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Term
| what are the possible sanctions/consequences of violating a criminal law? |
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Definition
| fine and/or prison sentence |
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Term
| what is the purpose of criminal law? (2) |
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Definition
1. to deter an undesirable activity
2. punish and/or rehabilitate the wrong-doer |
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Term
| civil law pertains to what? |
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Definition
| the relationship among individuals in society |
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Term
| is government part of a civil suit? |
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Definition
| no, government is NOT a party in a civil suit |
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Term
| what are the 2 major subdivision of civil law? |
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Definition
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Term
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Definition
| duties that individuals have because they entered into an agreement/contract |
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Term
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Definition
| duties created by law, NOT the parties themselves |
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Term
| in civil law, a lawsuit is brought by who upon who? |
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Definition
| a lawsuit is brought by one private party who sues the other party alleging an injurty |
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Term
| what is the purpose of civil law? (2) |
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Definition
1. to compensate the injured party for damages caused by the wrongdoer
2. to deter an undesirable activity |
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Term
| what does administrative law pertain to? |
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Definition
| pertains to the relationship between government and a regulated profession, trade, or industry |
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Term
| boards of pharmacy may discipline ____ and ____ for violations of both federal and state laws governing the legal distribution of drugs. |
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Definition
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Term
| what are the 5 possible sanctions/consequences of administrative law? |
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Definition
1. warnings
2. fines
3. license suspension/revocation
4. probation
5. extra CE in specified areas |
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Term
| what are the 2 purposes of administrative law? |
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Definition
1. to deter an undesirable activity
2. punish and/or rehabilitate the wrong-doer |
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Term
| a wrongful act may subject someone to what 4 things? |
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Definition
1. criminal action
2. civil action
3. administrative action
4. any combination of the 3 |
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