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Chapter 1: Law and the Legal System
Terms in this set (38)
General definition of "law"
Requirements for human conduct applying to all persons within their jurisdiction
Reasons to regulate drugs?
1. public goods
3. natural monopolies
4. information asymmetry
What are public goods?
Necessary and beneficial commodities that private entities will not supply because there is no incentive
Examples of public goods
vaccines, orphan drugs
What is externality?
When the production or consumption of a good affects someone who does not fully consent to the effect.
What is a monopoly?
When the fixed costs of providing a good are high relative to the variable costs of producing the good.
-patent and market for a new drug
What is information asymmetry?
when the consumer is uniformed about the true value of a good
Give an example of de minimis violations using the scenario of getting pulled over by the police.
speed limit 55mph. You get pulled over at 58mph. The officer lets you go. You broke the law, but it was de minimis (not really significant to merit consideration.) Maybe you didn't know you were making the mistake, but that mistake can result in major consequences.
Where do laws come from?
3. administratie agencies
How are administrative agencies created?
created by legislature to administer a body of substantive law
Laws made by Administrative agencies: What is their legislative function?
1. promote regulations
2. Regulations enacted via notice and comment rulemaking
3. validity tests of regulation (within scope of authority, based on statutory authority)
Laws made by Administrative agencies: What is their judicial function?
Render decisions "hearings" similar to court proceedings.
What is de novo?
If substantial evidence lacking, court will conduct an entirely new trial.
What is common law?
Common law refers to judicial opinions; adopted from the English judicial system
Describe the relationship of common law to statutory law?
courts must often interpret the meaning and application of statutes
What are the principles of interpretation when interpreting common law?
-Determining legislative intent if possible
-ordinary meaning of words
-due process rights of individual
What type of case is Government v. Private party?
What type of case is private party v. private party?
What type of case is agency v. private party?
Plaintiff's or defendant's name appears first in Rowe v. Wade?
Plaintiff's name appears first in the title of the case
What is a statue of limitations?
limits the period of time in which a case can be filed
Civil case: summons
Issued by court notifying defendant of suit and commanding defendant to file an answer
Civil case: Complaint
Contains all material facts of case and remedy requested
Civil case: Answer
Admitting to or denying allegations
Civil case: What is the pretrial process
each side must give the other all facts, evidence, and names of witnesses upon which it will rely
Civil case: deposition
Out-of-court testimony by a witness under oath
Civil case: Voir dire examination
The questioning by each side of potential jurors
Civil case: Witness
May be subject to subpoena, an order to appear in court. Failure to appear can be contempt of court
Civil case: Expert witness
Called when the factual subject matter is beyond the scope of jurors
Motion for summary judgment
One party attempts to convince the judge that the claims of the other side have no merit even if correct.
Motion for directed verdict
After the introduction of evidence, one party alleges that the other lacks sufficient evidence.
Attempt to restrict the introduction of evidence or testimony; might constitute issues of law for appeal
Judgment notwithstanding the verdict (NOV):
The judge may rule contrary to the jury if the jury clearly reached the wrong verdict.
When is a mistrial granted?
if a major error or violation of law or procedure occurred during the trial.
How are appeals filed?
attorneys submit a "brief" citing the legal principles and precedents involved and why the court made an error
What is an indictment?
the grand jury determines there is enough evidence for arrest and a trial.
What is a plea bargain?
defendant agrees to a lesser charge rather than face a trial
What happens when someone gets arrested off the street?
Judge determines in a preliminary hearing if there was enough probable cause for the arrest. If so, the defendant must enter a plea
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