Ch. 2 US Privacy Framework Quiz Flashcards
?5. A contract is a legally binding agreement that may be made:
A. orally
B. in writing
C. unofficially
D. with intention of breach
A. orally
B. in writing
Legally binding contracts are agreements made between two or more parties that are enforceable by law and are valid according to federal and state contract laws. Because a contract is legally binding, all parties must follow the terms and do what the contract says they should.
A contract involves two or more parties who are competent to enter into a legally binding agreement. While a contract can be verbal or implied, it is usually in writing. If a contract is enforceable, a court can compel the parties to follow through on what they agreed to in the contract.
A breach of contract is a violation of any of the agreed-upon terms and conditions of a binding contract. The breach could be anything from a late payment to a more serious violation such as the failure to deliver a promised asset.
What legal term can grant a politician the authority to weigh in on legal matters within certain areas?
A. contract
B. jurisdiction
C. preemption
D. Person
B. jurisdiction
noun: jurisdiction
a) the official power to make legal decisions and judgments.
b) the extent of the power to make legal decisions and judgments.
c) a system of law courts; a judicature.
A legal person is:
A. an individual who can have a separate legal identity
B. a group of persons allowed to represent themselves as a single legal body
C. commonly used in lawsuits
D. synonymous with limited liability corporations
A. an individual who can have a separate legal identity
B. a group of persons allowed to represent themselves as a single legal body
C. commonly used in lawsuits
D. synonymous with limited liability corporations
an individual, company, or other entity which has legal rights and is subject to obligations.
What is considered a legal person?
: a body of persons or an entity (as a corporation) considered as having many of the rights and responsibilities of a natural person and especially the capacity to sue and be sued.
Juridical personhood allows one or more natural persons (universitas personarum) to act as a single entity (body corporate) for legal purposes.
Typically, a legal persons can sue and be sued, own property, and enter into contracts.
A corporation is a legal person with the characteristics of limited liability, centralization of management, perpetual duration, and ease of transferability of ownership interests.
LLCs are distinct legal entities, separate from their owners. Part 5. A limited liability company’s owners are not liable for the LLC’s obligations.
In preemption, a lower jurisdiction’s ruling is:
A. deemed infallible
B. overthrown by a higher jurisdiction by whim
C. displaced by a higher jurisdiction’s ruling, with which it is in conflict
D. instituted as law
A. deemed infallible
C. displaced by a higher jurisdiction’s ruling, with which it is in conflict
D. instituted as law
The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.
never failing; always effective.
This legal term refers to situations where a court decides that a rights creation law is also open to lawsuits
A. contract
B. jurisdiction
C. private right of action
D. person
C. private right of action
According to Federal law, a private right of action is when a regular person, a private citizen, is legally entitled to enforce their rights under a given statute. This differs from situations where a state or the federal government enforces something like legal violations under a statute.
The Executive Branch of the US government is responsible for:
A. Approving laws
B. Creating laws
C. Interpreting laws
D. Enforcing laws
D. Enforcing laws
The executive branch consists of the President, his or her advisors and various departments and agencies. This branch is responsible for enforcing the laws of the land.
The legislative branch is made up of the House and Senate, known collectively as the Congress. Among other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies.
The House and the Senate make up which of the following branches of US government?
A. Congressional
B. Legislative
C. Federal
D. Judicial
B. Legislative
Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress.
?Sources of law in the US include:
A. only the statutes that have been developed by the Legislative Branch of government.
B. statues enacted by the Legislative branch and regulations developed by Federal agencies.
C. statutes, regulations and case law
D. statues, regulations, case law and common law.
The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
Statutes are created by the federal, state and local legislatures, which are comprised of elected officials who have the power to create laws. Courts must apply statutes, if available, to the facts of a case. If no statute exists, courts defer to common law or case law.
Common law refers to law that has not actually been codified or passed by a legislature, but is nonetheless applied by courts based on tradition and the legal history of the United States and even dating back to the legal system in England. Case law refers to law that comes directly from court decisions. “Case law” consists primarily of judicial interpretations of the Constitution, a statute or the common law. “Case law” includes Supreme Court and lower court decisions.
In the United States, principles, or rights of individuals that exist despite the lack of law are referred to as:
A. common law
B. civil law
C. regulations
D. case law
A. common law
Common law refers to law that has not actually been codified or passed by a legislature, but is nonetheless applied by courts based on tradition and the legal history of the United States and even dating back to the legal system in England.
The authority of a court to hear a specific case is referred to as:
A. legal ability
B. jurisdiction
C. practical authority
D. administration rights
B. jurisdiction
Which of the following is also referred to a conflicts of law doctrine?
A. preemption
B. displacement
C. jurisdiction
D. legal authority
C. jurisdiction
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law is most appropriate to resolve the action.
In order to properly analyze a law, privacy experts ask:
A. 3 questions
B. 4 questions
C. 5 questions
D. 6 questions
D. 6 questions
PGg. 68
“To understand any law, statute or regulation, it is important to ask six key questions: Who is covered by this law? What types of information (and what uses of information) are covered? What exactly is required or prohibited? Who enforces the law? What happens if I don’t comply? Why does this law exist? ”
Excerpt From
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Which of the following is not a branch of US government?
A. Federal
B. Legislative
C. Executive
D. Judicial
A. Federal
What is a purpose of legislation?
A. Regulation
B. Authorization
C. Restriction
D. Sanctioning
A. Regulation
B. Authorization
C. Restriction
D. Sanctioning
Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act.
Where is legislation created in the United States?
A. Congress
B. Cabinet
C. Parliament
D. Supreme Court
A. Congress
Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.S. Senate and the U.S. House of Representatives. Anyone elected to either body can propose a new law.
The Office of Information and Regulatory Affairs belongs to which branch of U.S. government?
A. Legislative
B. Executive
C. Judicial
D. Parliament
B. Executive
The Office of Information and Regulatory Affairs is a Division within the Office of Management and Budget (OMB), which in turn, is within the Executive Office of the President. OIRA oversees the implementation of government-wide policies in, and reviews draft regulations under, Executive Order 12866, the Paperwork Reduction Act, and the Information Quality Act.
Which of the following BEST describes an element of legal risk?
a. Administrative efficiency of the organization’s privacy program
b. Ability of the organization to receive a return on investment in information and related activities.
c. Compliance with applicable state, federal and international laws concerning the use of personal information
d. All of the above
c. Compliance with applicable state, federal and international laws concerning the use of personal information<p></p>
Which of the following BEST describes an element of legal risk?
a. Compliance with contractual commitments, privacy promises and commitments to follow industry standards
b. Administrative efficiency of the organization’s privacy program
c. Ability of the organization to receive a return on investment in information and related activities.
d. All of the above
a. Compliance with contractual commitments, privacy promises and commitments to follow industry standards<p></p>
What can be said about the constitution’s Fourth Amendment?
A. it provides protection from employers
B. it provides protection from government employers
C. it doesn’t concern privacy
D. it only protects against the king of England
B. it provides protection from government employers
Which of the following best describes the relationship between case law and common law?
A. common law needs case law to exist
B. common law is based on principles
C. case law is solely the judge’s opinion
D. case law is fluid and allows for presidential intervention
A. common law needs case law to exist
When can an organization most likely most likely be in trouble for violating contract law?
A. when someone provided their data based on the practices mentioned in the privacy notice
B. when a data subject disagrees with a privacy notice
C. when a privacy notice is not in the local language
D. when a privacy notice is not on the organization’s website
A. when someone provided their data based on the practices mentioned in the privacy notice
Of the following, which are three different tort categories?
A. negligence, notice breach, intrusion
B. intrusion upon seclusion, strict liability
C. intentional, negligent, strict liability
D. privacy notice breach, wrongful intrusion, defamation
C. intentional, negligent, strict liability
What are the elements of the test that a court will apply in deciding whether to grant a protective order request? Select all that apply.
A. Resisting party must show information is confidential
B. Requesting party must show information is relevant
C. Court must weigh the harm of disclosure against the need for the information
D. It depends on the judge.
A. Resisting party must show information is confidential
B. Requesting party must show information is relevant
C. Court must weigh the harm of disclosure against the need for the information
What United States government agency is responsible for administering the terms of privacy shield agreements between the European Union and the United States under the EU GDPR?
A. Department of Defense
B. Department of the Treasury
C. State Department
D. Department of Commerce
?D. Department of Commerce
Who makes up the Legislative Branch? And what are its checks and balances?
a. Congress (House and Senate)
b. Congress confirms presidential appointees, can override vetos
Who makes up the Executive Branch? And what are its checks and balances?
a. President, VP, Cabinet, federal agencies
b. President appoints federal judges, can veto laws passed by Congress
