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PHM1140 De More1
PHM1140 Law & Ethics for Pharmacy Techs, Intro to Law, Chapter 1, De More
| Question | Answer |
|---|---|
| Administrative Law | body of law governing the administrative agencies created by Congress or State legislatures (ex: OSHA) |
| appeal | legal process in which a case is brought to a higher court to review the decision of a lower court |
| case law | a system of law based on judges' decisions and legal precedents, rather than on statutes; judges can interpret statutory law or apply common law |
| common law | system of law derived from decisions of judges rather than from constitutions or statutes |
| contract law | system of law that pertains to agreements between two or more parties |
| criminal law | the body of law that defines criminal offenses against the public |
| felony | an offense punishable by imprisonment or death in a state or federal prison for more than one year |
| jurisdiction | the power and authority given to a court to hear a case and make a judgement |
| law | a rule of conduct or procedure established by a custom, agreement or authority |
| legal precedent | a legal principle created by a court decision that provides an example for judges deciding similar issues later |
| MALfeasance | the execution of an unlawful or improper act (ex: prescribing medications when not licensed to do so) |
| MISfeasance | the improper performance of an act (not using sterile technique when prepping an IV, causing infection) |
| misdemeanor | crimes punishable by fine or imprisonment in a facility other than a prison for less than one year) |
| negligence | a type of unintentional tort alleged when one may have performed or failed to perform and act that a reasonable person would or would not have done in a similar circumstance |
| NONfeasance | the failure to act when there is a duty to act, as a reasonably prudent person would in similar circumstances (failing to scan a barcode on a drug) |
| statute of limitations | period of time established by state law during which a lawsuit or criminal proceeding may be filed |
| statutory law | law that is prescribed by legislative enactments; aka legislative law |
| tort | a private wrong or injury, other than a breach of contract, for which the court will provide a remedy |
| Four sources of law | Constitution & the Bill of Rights (constitutional law); Legislative Branch of Gov (statutory or legislative law); Executive Branch (administrative law); Judicial Branch (common or case law) |
| Four D's of negligence | duty, dereliction, direct cause, damages |