PRACTICE QUESTIONS AND DETAILED
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,Breach A violation of that legal obligation by the defendant
Causation The breach is the ACTUAL AND PROXIMATE cause of the plaintiff's injury (i.e with the
breach, the damage would not have occurred)
Damage Loss or injury to person or property (actual, general, future or punitive damage)
Act of Omission Failing to do something a reasonable person would do
Act of Commission Doing something a reasonable and prudent person would not do
Criminal Law Defines the limitations on the relationship between the individual and society
Civil Law Defines the relationships among individuals in society
Administrative State and federal regulations that govern the relationships between govt and some
regulated profession, trade or industry (e.g Food and drug law, tax law, environmental
law, securities law)
Federal Jurisdiction Within the boundaries of the US, territories and possessions (interstate vs intrastate)
State Jurisdiction Within the boundaries of the state (intrastate)
Commerce Clause The congresss shall have Power to... regulate commerce with foreign nations, and among
the several states, and within the Indian tribe
Supremacy Clause Federal law shall be the supreme law of the land (state law may only be stricter)
10th Amendment The powers not delegated to the US by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people.
,Pure Food and Drugs Act (1906) "Wiley-Heyburn Act"
-Concerns for public health and safety
-Prohibited adulterated or misbranded drugs from interstate commerce
Loopholes
-labels not required to identify contents
-did not provide ability to ban unsafe drugs
-Replaced by FDCA 1938
Harrison Narcotic Act (1914) -Enacted in connection with International Treaty to control narcotics
-Required license to import/export/track opium
-Manufacturing limits to morphine and cocaine
-Refined/ prepared opium banned for import/export
-Use limited: Medical or legitimate use ONLY
-Narcotic drugs must bear tax stamps to seal containers
-Incorporated into Controlled Substance Act of 1970
Food Drug and Cosmetic Act (FDCA) (1938) -Prompted by "Elixer of Sufanilamide" tragedy
--Need for Safer medications
-REQUIRED: drugs to be tested for safety prior to approval (difference btw drug and
poison= dose)
-Expanded def. of adulteration and misbranding
--Labels and product labeling now REQUIRED to include "Adequate directions for use"
--Labels for certain narcotics REQUIRED to include "Warning: may be habit forming"
-Extended legislation to cosmetics
-Federal Trade Commission (FTC) controlled drug advertising
--Advertising jurisdiction changed FDA (Rx drugs) FTC (OTC drugs)
Durham- Humphrey Amendment (1951) -Exempted certain drugs from the labeling requirement, "Adequate directions for use" by
CREATING "prescription drug exemption"
-- "Caution: Federal law prohibits dispensing without a prescription"
-Provided provisions for Oral prescriptions and for prescription refills
-Dispensing prescription drugs
--Upon written prescription of practitioner
--Upon oral prescription of practitioner (if promptly written and filed by pharmacist)
--Refilling a written or oral prescription
--Allowed direct dispensing for administration by the practitioner
Distinguishes btw adequate directions for use and adequate information for use
, Directions for use is intended to communicate to the end use (patient) [includes OTC labeling]
Information for Use is intended to communicate to prescribers and dispensers (not end users)
Adequate information for use is meant for incorporation into the product package insert
Kefauver-Harris Amendments (1962) REQUIRED drugs to be tested for efficacy prior to approval
-Created Standards for Good Manufacturing Practices (GMP)
-Created Procedures for New Drug Approval Process (manufacturers now required to
prove Safety & Efficacy) prior to marketing approval
-Advertising procedures established (FDA-Rx vs FTC-OTC)
-Created the Drug Efficacy Study Implementation (DESI) program: to review clinical
efficacy of drugs approved for marketing btw 1938-1962 (drugs on market b4 1938,
"grandfathered" in [colchicine])
Controlled Substance Act (1970) Created the Drug Enforcement Agency (DEA)
-Scheduling of drugs and other substances
-Registration Requirements (activities requiring registration, separate registration
requirements, exemption of registrations)
Poison Prevention Packaging Act (1970) -REQUIRES ALL controlled substances and ALL prescriptions drugs are subject to special
packaging requirements
-MUST be placed in child-resistant containers
-Exceptions: e.g. SL Nitro & Isosorbide dinitrate,etc.
-Child-resistant container not required if:
1)Prescriber authorizes
2)Patient requests medication be dispensed in a non-child resistant container
Child Resistant Container No more than 20% of children <5 y.o can gain entry into the container within a ten minute
testing period
Medical Device Act (1976) Broadened def. of medical device
-Established panel of experts to review device and set standards
-Set-up pre-market testing standards
-Three types of medical devices
Class I Medical Device Low potential for causing harm; pre-market testing not considered necessary (scissors,
forcepts, hemostats, needles)