Exam 1 lecture 1 Flashcards
Government structure
US and IN operate as both a democracy and republic
democracy
a government where supreme power is vested in the people and exercised by them directly and indirectly through a system of representation usually involving free elections
republic
a government where supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law
Government representation - federal
2 US senators represent each state –> serve 6 year terms
1 US representative represent 1 of the 435 districts –> serve 2 year term
government representation - Indiana
1 IN senator represent 1 of 50 districts –> 4 year term
1 IN representative represent 1 of 100 districts –> 2 year term
Federal legislative proccess
federal congress is convened over a 2 year term
US congress convenes Jan 3rd of 2025 and 2027 (2 sessions)
bills are carried from 1st session to 2nd session but must be passed by the end of 2nd session
Citizen legislature
lawmaking is not a full-time profression in IN
general assembly
is the legislative body in Indiana, consists of senators and representatives
they meet two sessions over two years
The 1st regular session
“long session”
begins early january of odd years and can last up to 61 working days
must end by april 30th
The 2nd regular session
“short session:
takes place during even years
can last 30 days, but must end by march 15th
When there is a difference between state and federal law, which should you follow?
whichever law is stricter
Statute
a written law enacted by the legislature
Federal Law: listed in the United States Code (USC)
Indiana Law: listed in the Indiana code (IC)
Regulation
a rule having force of law issued by an administrative agency (FDA or DEA)
Federal regulations: listed in the Code of Federal Regulations (CFR)
Indiana regulations: listed in the Indiana Administrative Code (IAC)
Citing federal law
Title USC §Section (subsection)
title 21, section 353, subsection b:
21 USC §353(b)
Citing Indiana law
IC Title-Article-Chapter-Section
title 25, article 26, chapter 13, section 15
IC 25-26-13-15
citing federal regulations
Title CFR §Section (subsection(s))
title 21, section 1306.04, subsection (a)(1)
21 CFR § 1306.04(a)(1)
Citing Indiana regulations
Title IAC article-chapter(rule)-section
title 856, article 1, chapter (rule) 3.1, section 11
856 IAC 1-3.1-11
criminal action
you break the law and are punished by the state or federal government, traditionally through fines or jail time
civil action
a private party sues another party because they believe they have been harmed by something that was done, in attempt to receive restitution (payment) for the act
administrative action
a professional (like a pharmacist) violates a a law or regulation, and an administrative agency (the board of pharmacy) investigates and may restrict licensure or abilities to act under a license