I-B: Structure of U.S. Law Flashcards
(38 cards)
Sources of Privacy Law
Constitutional Law
Statutory Law
Regulations and Administrative Rules
Common Law (a.k.a. Case Law)
Contract Law
Tort Law
International Law
Privacy in Constitutional Law
Third Amendment - prohibits the quartering of soldiers
Fourth Amendment - prohibits unreasonable searches and seizures
Fifth & Fourteenth Amendments - a penumbra of privacy rights
Privacy in Statutory Law
Federal & state legislation regulates specific information, industries, data elements, or harms caused by the misuse of data.
Privacy in Regulations and Administrative Rules
Federal agencies may adopt formal regulations and rules to clarify and enforce the statutory law.
Case Law & Common Law
Case Law = final decisions made by judges in court cases
Common Law = a set of legal principles and laws that developed over time as a result of societal customs and judicial decisions
Contracts
Legally enforceable agreements
Agreements are legally enforceable if:
(1) Offer
(2) Acceptance
(3) Consideration
Offer
The proposed language to enter into a bargain.
For an offer to be valid, terms must be reasonably certain (given an exact meaning).
An offer remains open until:
it’s accepted, rejected, retracted, expired, or a counter-offer is made
Acceptance
The assent or agreement to the terms made by the offeree.
For an acceptance to be valid, it must comply with the terms of the offer*.
*Otherwise, it’s a counter-offer
Consideration
It is the legal benefit received by one person and the legal detriment imposed on the other person.
E.g., money, property, or services
Breach of contract
Occurs when one party fails to meet its obligations under the contract.
Consent Decree
A judgment entered by consent of the parties whereby the defendant agrees to stop the alleged illegal activity.
Note: Typically arise from an enforcement action by a government entity
Intentional Torts
Wrongs that the defendant knew or should have known would occur through their actions or inaction.
E.g., intentionally hitting a person or stealing personal information
Negligence Torts
Occur when the defendant’s actions were unreasonably unsafe
E.g., causing a car accident by not obeying traffic rules, not having appropriate security controls
Strict Liability Torts
Wrongs that do not depend on the degree of carelessness by the defendant but are established when a particular action causes damage.
E.g., Product Liability
Person
An individual (a “natural person”) or organization (a “legal person”)
Jurisdiction
The court’s authority to hear a specific case or issue a decree
Personal Jurisdiction
A court’s authority to hear a dispute between specific parties
Subject Matter Jurisdiction
A court’s authority to hear specific types of disputes
E.g., Federal courts require a federal question or diversity
Preemption
A legal doctrine by which federal law is deemed to override or supersede any inconsistent state law.
Dual Sovereignty
Federal and state governments are considered separate sovereigns (i.e., separate governments)
10th Amendment
State governments are permitted to legislate any topic or subject matter that is not specifically delegated to the federal government (e.g., police powers).
Supremacy Clause
Establishes the Constitution and federal laws as the “supreme law of the land.”
In general, federal law takes precedence over any conflicting state law.
Enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states.
