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| This is the law that is created and enforced by government agencies |
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| This law applies to disputes between individuals, corporations, or other entities. |
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| This law covers act of individuals "against the state," in which the lawsuit is filed by a state or federal prosecutor |
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| include violent crimes such as murder, rape, kidnapping, or armed robbery |
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| include serious crimes including manslaughter, kidnapping, sexual crimes, drug crimes, theft, embezzlement, and white collar crimes |
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| include possession of stolen property, drug crimes, criminal trespass, theft, DUI, and felonious driving |
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| Civil Law Evidentiary standard |
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| Preponderance of evidence |
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| Criminal Law Evidentiary standard |
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| Beyond a reasonable doubt |
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| Administrative Law Evidentiary standard |
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| Clear, cogent, and convincing or preponderance of evidence |
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| The extent and scope of a court's powers |
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| Describes the types of cases a court may handle |
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| Subject matter jurisdiction |
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| when a case may be begun or filed directly with a given court |
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| when a court may be able to choose to hear or not hear a particular case |
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| discretionary jurisdiction |
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| defines which persons or parties are under the jurisdiction of a given court |
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| The jurisdiction over a thing |
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| at both the state and federal level, major civil lawsuits and prosecutions of felonies usually begin at courts of general jurisdiction |
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| intentional acts committed by one individual that harm another. Common examples : assault and battery; slander and libel; negligence/malpractice |
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| voluntary agreements between parties who are legally and actually capable of entering into those agreements |
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| verdicts in civil cases must be based on this |
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| preponderance of evidence (a majority of the evidence) favoring one party or the other |
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| minor violations punishable by up to 90 days in jail and/or fines of up to $1,000 |
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| Misdemeanors (criminal law) |
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| minor violations punishable by up to 1 year in jail and/or fines of up to $5,000 |
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| serious crimes including manslaughter, kidnapping, sexual crimes, drug crimes, theft, embezzlements and white ocllar crimes |
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| possession of stole property, drug crimes, criminal trespass, theft, DUI, and felonious driving |
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| divided into three divisions; decisions at the trial court level may be appealed to the next higher court: |
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Definition
| Appeals Courts (or Court of Appeals) |
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| Federal appeals courts; cases from Washington are heard on the 9th Circuit |
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| Circuit Courts of Appeals |
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| The highest courts and both the state and federal level |
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| The US Supreme Court has a special name for the document it issues when it accept an appeal |
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| broad term that encompasses a set of societal expectations that can be enforced by government power |
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| The highest law of the land |
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| create international law that has precedence over the other state and federal laws |
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| Nearly 7 out of 8 cases filed in Washington courts are filed in |
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| begin as bills in either chamber, create federal statutes |
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| begin as bills in the state legislature, create state statutes |
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| often amend earlier legislation by referring to the prior Act and its sections, as well as to the section of the US Code that is affected |
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| Washington's legislature is required in each bill to state in the opening part of the bill: |
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Definition
| the title of the act and the specific sections of the Revised Code of Washington that are amended |
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Term
| Types of federal preemption of state laws |
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Definition
| Explicit, Conflict, and Field |
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| When the Congress includes specific language in the statue that preempts state law, which may include language that certain types of state law are allowed |
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| Congress is not explicit about a statute preempting any state regulation- the state law may interfere with the achievement of the goal of federal law |
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| When federal law has been held to occupy the field and it is apparent that Congress intended the law to preempt state law |
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| the Health Insurance Portability and Accountability Act (HIPAA) is an example of what preemption |
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| The Hatch-Waxman amendments to the FDCA is an example of what preemption |
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| The Employee Retirement Income Security Act (ERISA) is an example of what preemption |
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| In Washington, this establishes the Washington State Pharmacy Quality Assurance Commission (Pharmacy Commission)and gives it specific power sand duties |
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Definition
| the Pharmacy Practice Act (RCW 18.64) |
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Term
| the federal rule-making process is known as |
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Definition
| notice-and-comment process |
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| in the US they retain sovereign immunity, within Constitutional limits, and cannot be sued without their permission |
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Definition
| the federal government and the state |
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| The right of governments to seize an individual's property, or restrict his or her use of or rights in the property, without his or her consent |
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| body of law that is created by courts when decisions are made in specific cases in which there is no specific statue that applies |
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| Are a means to organize the many statues and regulations into a meaningful and usable form |
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| constitutes a current compilation of Washington statutes and is divided into 101 titles |
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| Revised Code of Washington (RCW) |
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| Chapter 64 of Title 18 of the RCW |
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| contains statutes relating to Pharmacists |
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| current compilation of the various regulations promulgated by state agencies |
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| The Washington Administrative Code (WAC) |
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| develop restatements of common law |
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| are published in the Supreme Court Reports and in the United States Reporter |
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| US Supreme Court decisions |
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| are published in the Federal Reporter |
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| Federal appellate court decisions |
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| are published in the Federal Supplement |
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| Federal district court decisions |
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| Major services providing electronic access to court opinions |
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| responsible for studying health care delivery. Major research into the effectiveness of pharmacists' services is funded by this agency |
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| administers federal regulations related to hazardous waste and toxic substances |
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| In addition to dealing with research into epidemic diseases, and monitoring for outbreaks, it is the principal source of information on vaccines and on travel medicine recommendations |
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| administers Medicare and Medicaid |
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| regulates food, drugs, cosmetics, and medical devices |
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| charged with assessing and addressing health care manpower needs and providing programs to improve access to health care; provides funds for education and health professionals |
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| major employer of pharmacists, supporter of research and education programs, and leader in many innovations in pharmacy practice |
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| major source of federal research funding related to health care |
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| oversees fraud control programs for the Department |
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| oversees the Office-based Narcotic Maintenance Program |
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| principle prosecution arm of the federal government |
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| Drug Enforcement Administration |
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| manages a variety of state programs that provides services to the most vulnerable citizens of the state |
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| The Department of social and Health Services |
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