Supremacy Clause – correct answer -If a conflict exists between federal and state law, federal law
prevails
Preemption Doctrine – correct answer -(Based on supremacy clause) Federal law preempts state law,
even when the laws conflict
Orphan drugs – correct answer -Drugs that treat a condition with a relatively small number of sufferers
Natural Monopoly – correct answer -Occurs when the fixed costs of providing a good are high relative to
the variable cost; so the average cost declines over the time the good is provided
Uniform laws – correct answer -When adopted by a state legislature, they become statutory law in that
state
Functions of the Federal administrative agencies – correct answer -Rule making
Investigation and enforcement
Adjudication
Stare Decisis – correct answer -A doctrine under which judges “stand on decided cases” or follow the
rule of precedent, in deciding cases
Which source of law takes priority?
Federal statute vs. U.S. Constitution – correct answer -U.S Constitution
Supreme law of the land
Which source of law takes priority?
Federal statute vs. State constitution – correct answer -Federal Statute
When there is a conflict between federal and state, federal law prevails
Which source of law takes priority?
State statue vs. Common law of the state – correct answer -State Statute
Any area not covered by state statutes is governed by state case law (common law)
Which source of law takes priority?
State constitutional amendment vs. Federal administrative regulation – correct answer -Federal
administrative regulation
Where there is conflict between federal and stat, federal law prevails
Which source of law takes priority?
Federal administrative regulation vs. State constitution – correct answer -Federal Administrative
Regulation
Where there is conflict between federal and stat, federal law prevails
How often is the CFR published? Who updates it? – correct answer -Annually
Updated by the Federal Register
CFR – correct answer -Code of Federal Regulations
What is the Federal Register? – correct answer -Proposed rules and regulations that updates the CFR
Civil vs. Criminal Law – correct answer -Civil law – spells out rights, duties and relief available for injury to
private parties
Criminal law – injury to society as a whole
Remedy of civil vs. criminal law – correct answer -Civil – money damages
Criminal – prison and/or fines