Questions and Answers of Law Business And Society

Pam is the owner of the local independent pharmacy. Paul is the owner of a LTCF that is planning to open in the near future in the same town as Pam’s pharmacy. Paul would like to contract with Pam
Mrs. Smith, a long time patient at your pharmacy, went on vacation to another country. While on her vacation, she realized she forgot her overthe-counter pain medication and visited a pharmacy to
Jeff Jones is a new pharmacy student at the state college located in your town. You (as pharmacist in charge) hire Jeff to be a pharmacy intern. While filling out his intern papers, Jeff notices that
Shortly after you hire Jeff Jones as your new pharmacy intern, Jeff notices your pharmacist license on the wall as well as the pharmacy license. Jeff asks you what was required for you to become a
Billy is a pharmacist at Main Street Pharmacy and Sue the PIC. A routine inspection by a state pharmacy board inspector revealed that Billy had been refilling certain patients’ prescriptions
Jim is a pharmacist who works for a pharmacy chain in a large city. Jim developed a business that illegally solicited bets on sporting events. He promoted this to patients, and several patients would
The state board of pharmacy brought disciplinary action against five pharmacists working at three different DrugCo (a chain pharmacy) pharmacies and against DrugCo itself for the pharmacists’
Using the state pharmacy laws and rules from your state, what are the specific CE requirements for pharmacists and ancillary pharmacy personnel?
Using the state pharmacy laws and rules from your state, does your state have any drug repository or take-back programs? If yes, describe the details.
Using the state pharmacy laws and rules from your state, how does your state regulate hospital pharmacies? What are some main differences between the state regulations covering community pharmacy
Using your state laws and rules, how does your state regulate LTCFs regarding pharmacies and/or pharmacists? Are these laws and regulations under the state’s pharmacy practice act or in another set
Bill is the pharmacy owner and PIC at Bill’s Pharmacy. The state Bill’s pharmacy is in has a freedom of choice law regarding third-party plans. You have been a long-time customer of Bill’s and
In any self-regulating profession, there is always a question of whether the regulations enacted by the group to govern itself are really intended to protect the public or are instead intended to
In this case, the issue was similar to that of the Virginia case previously discussed, but the facts and arguments were sufficiently different to produce a different result. This case reports a
Pharmacists may become licensed in all states by simply transferring their license from another state. This process of license transfer, known as either “reciprocity” or “endorsement” in most
Technicians are essential to contemporary pharmacy practice. The volume of prescriptions to fill and the expanded practices that pharmacists have available to them make it impossible for pharmacists
The board of pharmacy can take action against a licensee only when the licensee has been given notice of the action and an opportunity to explain the licensee’s side of the story at some sort of
A patient sues a pharmacy for malpractice, alleging that a medication prescribed by a physician and dispensed by the pharmacy caused the patient harm. The attorney for the pharmacy made a motion for
Lacey has been a pharmacist at a local chain pharmacy, Uptown Pharmacy, for 2 months. Lacey received a few days of training once she started; however, she has made a few dispensing errors. One error
Lenny is the pharmacist at Town Drug Store. Mrs. Smith, a patient of Lenny’s, calls and tells Lenny that after she received her blood pressure medication refill last week, she took it for a few
The plaintiff received a prescription from LessPay drug store for an otic suspension as treatment for acute severe left otitis media with bullous myringitis. After using the otic suspension for a few
The liability of pharmacies increasingly depends on not simply an error by a pharmacist, but also perhaps the alleged failure to provide appropriate supervision of pharmacists. This is primary
Pharmacists are subject to numerous regulations that prescribe how they are to practice. No pharmacy adheres to these regulations at all times. It is a simple fact that any pharmacy may be found in
The media have discovered pharmacy as a profession to criticize. A decade ago, it was rare to have any criticism of the pharmacy profession in the media, but newspapers, magazines, and television
What is a coordination-of-benefits provision?
In what circumstances have courts opted to use the substantial-factor test rather than the but-for test?
Give examples of three exceptions to the Cardozo rule of foreseeability.
A defendant is liable for the harm suffered by the plaintiff even if the harm occurs in an unusual manner, as long as the harm is of the same general type that made the defendant’s conduct
What does the collateral-source rule prevent defense attorneys from doing?1. What is the rationale for this rule?2. What is subrogation, and how does it relate to this rule?
Punitive damages are in essence criminal fines that arguably should be paid to the state.True False
What administrative problems arise in the context of comparative negligence?
When a pure comparative-negligence standard is used, the negligence of everyone is considered, even nonparties.True False
How does assumption of risk compare to contributory negligence?
Under what conditions are courts unlikely to enforce a release in which the plaintiff expressly assumes the risk?
What kinds of functions of local government are usually protected by immunity?
Under the common law a wife could not sue her husband for injuries she sustained as a passenger when he was driving, but a husband could sue his wife.True False
What can attorneys do to prevent professional negligence suits?
Courts are more willing to find misrepresentation if the defendant has a fiduciary relationship with the plaintiff than if a transaction occurs at arm’s length between the parties.True False
Nuisance law has some advantage over statutory remedies.True False
A possessor 1. has a duty to ferret out all hidden dangers for an invitee.2. will not be liable for injuries resulting to an invitee as a result of a faulty design or construction that existed
A plaintiff is considered an invitee even if she is not engaged in business at the time she is injured.True False
A landlord 1. must perform repairs reasonably even if he has no contractual obligation to make the repairs.2. cannot be sued in tort by a plaintiff injured as a result of the landlord’s breach of
A plaintiff will lose her invitee status if she goes to part of the premises that extend beyond her invitation unless she reasonably believes the premises are open to the public.True False
The Tarasoff holding 1. blurs the line for professionals between protecting others and preserving the confidentiality of communications between themselves and their clients.2. holds professionals
Not all states use the common law distinctions of trespasser, licensee, and invitee.True False
Possessors are generally liable for artificial conditions that pose an unreasonable risk of harm to people outside the premises.True False
If a plaintiff is injured because of the landlord’s failure to complete the repairs he started, the plaintiff can sue both the landlord and the tenant.True False
If the plaintiff is able to prove the elements of res ipsa loquitur, all courts allow juries to infer negligence but do not allow a presumption of negligence to be created that the defendant would
What is the voluntary-undertaking doctrine?
What is the transferred-intent doctrine?
Under the common law the limitations on the liability of possessors was to encourage full utilization of the land.True False
The question of duty 1. is a threshold question.2. arises only if there is a direct relationship between the plaintiff and the defendant.3. bears no relationship to whether the defendant could
A possessor must warn trespassers of dangerous activities in which the possessor is engaging on his land.True False
With an attractive nuisance 1. courts rarely distinguish between natural and artificial conditions when determining whether an injured child can recover.2. possessors must childproof their land to
For the attractive-nuisance doctrine to apply, the possessor need not be aware that children are likely to trespass on his land or have reason to know that the condition poses an unreasonable risk of
The rescue doctrine 1. does not protect a plaintiff who voluntarily places herself in a dangerous situation to save another.2. is based on the premise that the rescuer would not have been injured if
The applicability of the attractive-nuisance doctrine depends on the age, experience, and intelligence of a child.True False
To frequent trespassers who use only a limited area of their land, possessors owe 1. no duty of care.2. a limited duty of care.3. the same care they owe an invitee.4. none of the above.
A posted notice of warning is sufficient for any licensee.True False
An invitee does not lose her invitee status just because her reason for being on the premises becomes social rather than for business.True False
What constitutes reasonable care for a possessor depends on the use of the premises.True False
All possessors have an obligation to remove trees that expose people outside the possessor’s premises to an unreasonable risk of harm.True False
Under the common law, protection was given to the actual possessor of the land and not an abstract legal owner, and landlords were absolved of liability once they surrendered possession of their
A tenant is liable for injuries to an invitee resulting from a defect that could have been discovered using reasonable care even if the tenant did not actually discover it.True False
A tenant is potentially liable for injuries occurring in common areas, such as elevators and stairways.True False
Landlords have a duty to protect a tenant’s invitees and licensees from dangers of which the landlord is aware but that the tenant has no reason to know about.True False
What is the family-purpose doctrine?
A landlord must be given reasonable time to make repairs after being notified of the condition needing repair.True False
A landlord who hires an independent contractor to do repairs cannot be held liable for the contractor’s negligence.True False
In some cases courts have found that landlords do have an obligation to protect tenants from criminal attack.True False
A seller’s liability ceases when the buyer takes possession of the land even if the seller fails to disclose a dangerous condition that she should realize the buyer will not discover.True False
If a seller hides a defect, his liability will continue until the buyer actually discovers the defect and has a reasonable time to correct it.True False
Under the common law a defendant has no legal duty to aid a plaintiff in distress unless the defendant can assist the plaintiff without causing harm to himself.True False
Common carriers have a legal duty to protect passengers from criminal attacks.True False
A defendant may be found liable for the actions of an obviously intoxicated individual if she loans her vehicle to this individual.True False
Tavern owners, but not social hosts, can be held liable for the negligent acts of those to whom they served liquor.True False
Even though a defendant begins to render emergency assistance, he is not legally obligated to continue.True False
The Good Samaritan statutes do not protect people who provide aid in good faith if they end up injuring the plaintiff.True False
A defendant cannot be found liable if it has no legal duty to protect the plaintiff.True False
Some courts have applied the voluntary- undertaking doctrine even when the plaintiff did not rely on the defendant’s services.True False
The analysis of duty is very different for a public entity than it is for private individuals.True False
Modern courts do not allow recovery for fetuses who have defects because of injuries sustained while in utero, nor are wrongful-death actions allowed for fetuses who are stillborn as a result of
What is the essence of the question regarding reasonable care, and why is the determination of reasonableness sometimes problematic?
Res ipsa loquitur is a court-created doctrine that allows plaintiffs to create an inference of negligence without having to provide direct evidence of negligence.True False
To prove res ipsa loquitur, the plaintiff must show that the negligence was due to the defendant and not someone else, and that the injury the plaintiff suffered was of the type that does not
A plaintiff can be contributorily negligent and still rely on the doctrine of res ipsa loquitur.True False
The courts are less willing to apply the doctrine of res ipsa loquitur in cases in which the defendants are strangers and act independently.True False
Most courts require plaintiffs to prove that the evidence is more available to the defendant than to the plaintiff before they will allow the doctrine of res ipsa loquitur to be applied.True False
What must a party that is filing a motion to compel do before the court will consider the motion?
What must a party show if it wants to postpone a trial?
The Cornell Law School Legal Information Institute is a major legal resource gateway. At this site you will find links to United States Court of Appeals recent decisions, state court decisions and
Within what time period must a summons be served after a complaint is filed?
True-False A plaintiff can select any court in which to file a complaint.
What basic elements must be included in any complaint?
What are the possible bases for an affirmative defense?
What are the possible grounds for a motion to dismiss?
Who can serve a subpoena, and where can it be served?
How long must a person be given to respond to a subpoena?
When must a response to a motion be filed? When must a reply be served?
What determines the time limits of oral arguments? Must a judge allow them?

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