question
which part of the government makes the laws?
answer
-legislative
-congress, indiana general assembly
-create statutes
-congress, indiana general assembly
-create statutes
question
which branch makes rules and regulations and enforce them + statutes?
answer
-executive (president/ govenor)
-executive orders
-administrative agencies (make rules/ regulations)
-executive orders
-administrative agencies (make rules/ regulations)
question
which branch interprets laws?
answer
judicial courts, case law
question
what is a statute?
answer
written law, can be US code or indiana code
question
what are administrative agencies?
answer
Administrative agencies are federal or state institutions and other government organizations created by Congress or state legislatures with power (via statute) to create rules and regulations within their area of authority.
-also enforce their laws
-also enforce their laws
question
what are federal rules/ regulations and how are they created?
answer
-agencies make the rules they want (FDA, CMS, DEA, etc.)
-public can comment and rules must be review
-final rules are then promulgated, or made into law, in the federal register and code of federal regulations
-public can comment and rules must be review
-final rules are then promulgated, or made into law, in the federal register and code of federal regulations
question
how are state rules/ regulations made?
answer
-a state agency, like indiana board of pharmacy or medical licensing board, publish draft rules
-public can comment
-comments are then reviewed and final rules established
-can also create emergency rules (like pharmacy techs can give vaccines) for a finite period of time or before law is finalized
-public can comment
-comments are then reviewed and final rules established
-can also create emergency rules (like pharmacy techs can give vaccines) for a finite period of time or before law is finalized
question
requirements for an agency to pass a regulation
answer
-must be within the scope of the agency
-based on statute that gives agency authority to make the rule
-be related to public health, safety, welfare
-based on statute that gives agency authority to make the rule
-be related to public health, safety, welfare
question
what is common law?
answer
law made by judges through their decisions, not through specific statutes
question
relationship between federal and state laws
answer
states laws can only be more strict, not less, than federal law
question
what is policy?
answer
what will or won't be done, NOT law
-can lead to a law
-involves interest of the public
-can lead to a law
-involves interest of the public
question
what is the name of federal law?
answer
US code
question
what is the name of federal rules and regulations?
answer
code of federal regulations
question
what is the name of indiana state law?
answer
indiana code
question
what is the name of indiana state rules/ regulations?
answer
indiana administrative code
question
explain the sequence of numbers for indiana code format:
example: IC 25-26-13-15
example: IC 25-26-13-15
answer
it goes title, article, chapter, and section