Upgrade to remove ads
Only $35.99/year

Law Intro Quiz 1

Terms in this set (28)

gives you what to follow for everyday practice
What is the purpose of Law?
What is best for the patient
The law usually reflects what?
because every situation cannon be written exactly
Laws are usually somewhat general. Why?
public goods / externalities / natural monopolies / information asymmetry
What are the 4 possible market failures?
necessary and beneficial commodities that private entities will not supply because there is no incentive (national defense or orphan drugs that treat rare diseases)
Define public goods and give an example
when production or consumption of a good effects someone who does not fully consent to be effected (unnecessary antibiotics or air pollution)
Define externalities and give an example
when the fixed cost of providing a good is high relative to variable cost (marketing a new drug)
Define natural monopolies and give an example
when a consumer is uninformed about the value of a good (medications)
Define information asymmetry and give an example
administrative agencies
What is the 4th branch of the government?
gives states power to legislate all areas except those that are prohibited or given to congress (where state gets its power)
What does the 10th amendment do?
an elected body of persons who's responsibility is to enact laws (known as statutes)
Define a legislature
Legislatures / to administer a body of substantive law
What creates administrative agencies? and why?
they have broad authority to create regulations / federal ex: FDA / State ex: Board of pharmacy
What do administrative agencies do? and give examples
interpret, define, and add detail to statutes (laws created by legislature)
What is the purpose of regulations?
via notice and comment rule making (groups can comment on laws that are made about them)
How are regulations enacted?
Not Law
Every communication is _________-
let the decision stand / opinion of the court is law with other smaller courts in the same jurisdiction / it can change based on time and circumstance
stare decisis - definition and what does it refer to? can it change?
The stricter law must be followed
If the state and federal laws collide what must happen?
a written law enacted by a legislative body
Define a statute
federal law
U.S. congress controls _______
state law
State legislatures control _______
ordinances
Political subdivisions control _________
usually discuss gray areas of the law
What is the benefit of policy statements, FAQs, and guidance documents?
1. Be within the scope of the law
2. Based on a statute that gives the agency authority to promulgate the regulation
3. Must bear a reasonable relationship to the public health, safety, and welfare
Regulations made by administrative agencies must what?
law made by courts
What is common law?
government vs. private party / deter, punish, rehabilitate
Criminal is what? and what is the objective?
private party vs. private party / compensation to injury party
Civil is what? and what is the objective?
Agency vs private party / disciplinary determination which may include warning, fines, licensure revocation or suspension, probation
Administrative is what? what is the objective?
Sets found in the same folder