Flashcards in Structure of U.S. Law Deck (43)
What are the 3 branches of government?
1. Legislative Branch
2. Executive Branch
3. Judicial Branch
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
Who makes up the Judicial Branch? And what are its checks and balances?
a. Federal Courts
b. Determines whether the laws are constitutional
What are the sources of U.S. law?
3. Regulations and Rules
4. Case Law
5. Common Law
6. Contract Law
Is the right to privacy explicit in the U.S. Constitution.
No, the word "privacy" is not in the U.S. constitution. However, some parts directly affect privacy such as the 4th Amendment which limits government searches. State constitutions may create stronger rights than those found in the U.S. constitution. For example, CA state constitution expressly recognizes a right to privacy.
What is legislation?
Laws passed by Congress or state legislatures.
What are Regulations and Rules?
Compliance expectations placed on the marketplace by regulatory agencies. Some laws require regulatory agencies to issue regulations and rules.
What is Case Law?
Final decisions made by judges in court cases. When similar issues arise in the future, judges look to past decisions as precedent and decide the case in a manner consistent with past decisions - "stare decisis"
What is Common Law?
Legal principles that have developed over time in judicial decisions, often drawing on social customs and expectations.
What is a Consent Decree?
A judgment entered by consent of the parties whereby the defendant agrees to sop alleged illegal activity, typically without admitting guilt or wrongdoing. The legal document is approved by the judge and formalizes an agreement reached between a federal or state agency and an adverse party. The document describes the actions the defendant will take, and my be subject to a public comment period.
What is Contract Law?
It is a subcategory of Common Law.
What are the fundamental requirements for forming a binding contract?
What is an Offer?
Proposed language to enter into a bargain. It must be communicated to another person and remain open until it is accepted, rejected, retracted or has expired. A counteroffer ends the original offer.
What is Acceptance?
The assent or agreement by the receiver of the offer that the offer was accepted. Acceptance must be communicated to the offeror.
What is Consideration?
Is the bargain-for exchange. Legal benefit received by one person and the legal detriment imposed to the other. Consideration usually takes the form of money, property, or services.
What is Tort Law?
Are civil wrongs recognized by the law as the grounds for lawsuits. These wrongs result in an injury or harm that constitutes the basis for a claim.
What are the 3 general tort categories?
1. Intentional Torts - wrongs that the defendant knew or should have known would occur through their actions or inactions.
2. Negligent Torts - wrongs when the defendant's actions were unreasonably unsafe.
3. Strict Liability - wrongs that do not depend on the degree of carelessness by the defendant, but are established when a particular action causes damage.
What are examples of Privacy Torts?
intrusion upon seclusion, public revelation of private facts, casting a person in a false light, interfering with a person's right to publicity, failing to provide adequate safeguards for PI
What is a Person?
Any entity with legal rights, including an individual or a corporation.
What is the meaning of Jurisdiction?
The authority of a court to hear a particular case. The court must have subject matter jurisdiction and personal jurisdiction.
What is Preemption?
A superior government's ability to have its laws supersede those of an inferior government.
What is "Private Right of Action"?
The ability of an individual harmed by a violation of law to file a lawsuit against the violator.
What is Notice?
Is a description of the organization's information management practices.
What is the purpose of a Notice?
1. consumer education
2. corporate accountability
What does a typical Notice tell an individual?
1. What information is collected
2. How the information is used and disclosed
3. How to exercise any choices about uses or disclosures
4. Whether the individual can access or update the information
What is a Privacy Notice?
Often refers to external communications, issued to consumers, customers, or users.
Often refers to internal standards used within the organization.
What is Choice?
The ability to specify whether personal information will be collected and/or how it will be used or disclosed.