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CIPP-US > 2. Legal Environment > Flashcards

2. Legal Environment Flashcards

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1
Q

What are the 3 branches of Government?

A
  • Legislative branch
  • Executive branch
  • Judicial branch
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2
Q

What makes up the legislative branch?

A

U.S. Congress (House of Representatives and the Senate)

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3
Q

What makes up the executive branch?

A

Led by the President and consisting of departments, agencies, and bureaus that operate under the president’s authority

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4
Q

What makes up the judicial branch?

A

Federal court systems with the Supreme Court as its highest body

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5
Q

How many voting members in the House of Representatives?

A

435

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6
Q

How often are Representatives elected?

A

Two-year terms, with every seat in the House up for election in every even-number year

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7
Q

How many voting members in the Senate?

A

100

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8
Q

How often are Senators elected?

A

Six-year terms, approximately one-third of Senate seats are up for election every two years

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9
Q

How many votes does Congress need to override the present?

A

two-thirds in both the House and Senate

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10
Q

Which branch holds the “power of the purse?

A

Legislative branch

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11
Q

Where does the legislative branch get its power?

A

Article 1 of the Constitution and is also referred to as Article 1 powers

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12
Q

Under the executive branch, list some departments and agencies responsible for enforcing privacy.

A
  1. Federal Trade Commission (FTC)
  2. Department of Commerce (DOC)
  3. Department of Health and Human Services (HHS)
  4. Federal Communications Commission (FCC)
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13
Q

Other than law enforcement powers, What specific powers does the Constitution give the president?

A
  1. Commander-in-Chief
  2. Granting pardons and reprieves
  3. Negotiating treaties with other nations
    4.Appointing justices to the Supreme Court, Ambassadors, and other officers in the federal government
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14
Q

Where does the executive branch get its power?

A

Article 2 of the Constitution and is also referred to as Article 2 powers

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15
Q

How many votes are needed to impeach the president?

A

two-thirds of the senators

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16
Q

Where does the judicial branch get its power?

A

Article 3 of the Constitution

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17
Q

What is judicial review?

A

Allows the Supreme Court to strike down both laws passed by the legislative branch and actions directed by the executive branch when there is conflict with the Constitution

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18
Q

Explain U.S. District Courts

A

The trial courts of the federal system, and most cases used first before any other type of court.

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19
Q

How many U.S. District Courts?

A

670 federal district court judges assigned to 94 district courts

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20
Q

Explain U.S. Circuit Courts of Appeal

A

The intermediate courts in the federal system and accepts cases on appeal from district courts

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21
Q

How many U.S. Circuit Courts?

A

13 circuit courts of appeal

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22
Q

Which court hears patent law?

A

The thirteenth circuit court hears patent law claims and other specialized trade cases

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23
Q

Explain U.S. Supreme Court

A

The ultimate and final appeal for cases from federal circuit court, and from state courts involving constitutional issues

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24
Q

What process does the Supreme Court use to determine which cases to accept?

A

Certiorari

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25
Q

What is U.S. Constitutional Law?

A

The highest possible source of law in the United States and no laws from other sources may conflict with the provisions in the Constitution and its amendments

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26
Q

List the seven articles within the Constitution

A

Article I: establishes the legislative branch
Article II: establishes the executive branch
Article III: establishes the judicial branch
Article IV: defines the relationship between the federal government and the governments of the states
Article V: creates a process for amending the Constitution itself
Article VI: contains the supremacy clause, establishing that the Constitution is the supreme law of the land
Article VII: sets forth the process for the initial establishment of the federal government

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27
Q

Which article and explain the process to modify the Constitution

A

Article VI describes the process to modify the Constitution through amendments.

Both the houses must pass the amendment by two-thirds majority. Next, the amendment is sent to the states, who can ratify. Ratification by three-quarters (38) of the 50 states.

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28
Q

How many amendments are contained in the U.S. Constitution?

A

27

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29
Q

What are the first 10 amendments referred as?

A

The Bill of Rights

30
Q

Does the U.S. Constitution explicitly grant a right to privacy?

A

No, but there are some established constitutional protections to individual privacy from the fourth amendment and Supreme Court precedent.

31
Q

What is bicameral legislatures?

A

Consist of two bodies modeled after the U.S. House of Representatives and Senate

32
Q

Which state has a unicameral legislature?

A

Nebraska

33
Q

Where is the body of administrative law commonly documented?

A

Code of Federal Regulations (CFR)

34
Q

What is case law?

A

Interpretations made by courts over time that other courts may refer to when making decisions

35
Q

What is the legal principle of “stare decisis” or let the decision stand?

A

States that previous decisions on questions of law serve as precedent guiding the future decisions made by that court and lower courts.

36
Q

What is common law?

A

Set of judicial precedents passed down as case law but has never been codified in legislation

37
Q

What is contract law?

A

Binding agreement between parties. Requires exchange of things with value.

38
Q

What are some conditions for a contract to be valid?

A
  1. Each party to the contract must have the capacity to agree to the contract
  2. There must be an offer made by one party. The offer can be in writing or verbal.
  3. The other party must accept the offer.
  4. Consideration must be given, or both parties must exchange something of value.
  5. Mutual intent to be bound.
39
Q

What are two elements to a court’s jurisdiction?

A
  1. Personal jurisdiction, refers to a court’s authority over a person being sued or charged with a crime. Personal jurisdiction over individuals and corporations is commonly established through four mechanisms:
    - Physical presence in an area within the court’s geographic jurisdiction
    - Establishing a place of residence or business in an area within the court’s jurisdiction
    - The person consenting to the court’s jurisdiction
    - Establishing “minimum contacts” with the region over which a court has jurisdiction, such as by conducting business within a state
  2. Subject matter jurisdiction, refers to a court’s authority to hear cases on a particular area of law
40
Q

What are the key aspects of the definition of a person under the law?

A
  • Sue other legal persons
  • Be sued by other legal persons
  • Own property
  • Sign contracts
41
Q

What is preemption?

A

Laws that stems from a higher authority will take precedence over laws from a lower authority

42
Q

What is private right of action?

A

Individuals and corporations may bring cases to court for violations of a specific law

43
Q

List the two general liability forms

A
  1. Criminal liability: occurs when a person violates a criminal law
  2. Civil liability: occurs when one person claims that another person has failed to carry out a legal duty they were responsible for.
44
Q

What is mens rea?

A

One element of criminal violation and means “guilty mind” or criminal intent

45
Q

What is the standard of proof in criminal cases?

A

The prosecution must present evidence that demonstrates the defendant committed the crime, “beyond a reasonable doubt”

46
Q

With civil penalties, what is meant by preponderance of the evidence standard?

A

The prevailing party must present evidence demonstrating that there is a greater than 50 percent chance that their claim is correct.

47
Q

With civil penalties what is meant by strict liability?

A

A person is responsible for the consequences of their actions, even if they could not reasonably anticipate the adverse outcome

48
Q

What are torts?

A

Torts are another form of civil violation. They do not involve contract but, instead, involve harm to one party caused by the actions of another party

49
Q

What is negligence?

A

A commonly occurring tort that occurs when one party causes harm to another party by their action or lack of action

50
Q

Describe the four elements of the tort of negligence

A
  1. Duty of care: the person accused of negligence must have an established responsibility to the accuser
  2. Breach of that duty of care: the accused person must have either taken action or failed to take an action that violated the duty of care
  3. Damages: the accuser must have suffered some type of harm, be it financial, physical, emotional, or reputational
  4. Causation: a reasonable person must be able to conclude that the injury caused to the accuser must be a result of the breach of duty by the accused
51
Q

What is invasion of privacy?

A

Another tort that is established in common law. There is a violation of an individual’s reasonable expectation to be left alone

52
Q

What are the four legal torts to claim invasion of privacy?

A
  1. Invasion of solitude: physical or electronic intrusion into the private affairs of a person
  2. Public disclosure of private facts: the disclosure of truthful information when the release of that information would offend a reasonable person
  3. False light: legal term that applies when someone discloses information that causes another person to be falsely perceived by others
  4. Appropriation: unauthorized use of someone’s name or likeness
53
Q

What check-and-balance does the legislative branch hold over the executive branch?

A. Power of the purse
B. Veto power
C. Prosecutorial discretion
D. Judicial review

A

A. The legislative branch holds two significant checks-and-balances on the executive branch. The first is the authority to allocate funds, known as the power of the purse. The second is the ability to remove executive branch officials from office through the impeachment process. Veto power and prosecutorial discretion are powers of the executive branch. Judicial review is a power of the judicial branch.

54
Q

What portion of the U.S. Constitution defines the powers of the legislative branch of government?

A. Article I
B. Article II
C. Article III
D. Article IV

A

A. The legislative branch powers are defined in Article I of the U.S. Constitution. Executive branch powers are defined in Article II of the U.S. Constitution. Judicial branch powers are defined in Article III of the U.S. Constitution.

55
Q

Which amendment to the U.S. Constitution explicitly grants individuals the right to privacy?

A. First Amendment
B. Fourth Amendment
C. Fifth Amendment
D. None of the above

A

D. This is a tricky question. The Fourth Amendment has been interpreted to provide individuals with some privacy rights, but it does not explicitly establish a right to privacy. The word privacy appears nowhere in the text of the Constitution.

56
Q

What source contains much of the administrative law created by the U.S. government?

A. U.S. Code
B. Bill of Rights
C. Code of Federal Regulations
D. U.S. Constitution

A

C. Administrative law is commonly documented in the Code of Federal Regulations (CFR). The U.S. Code contains legislative law. The U.S. Constitution and its amendments (including the Bill of Rights) contain constitutional law.

57
Q

Which one of the following is the best description of the legal principle of stare decisis?

A. Courts should be guided by precedent. B. Federal law overrules state law.
C. Laws must be consistent with the constitution.
D. Common law guides areas where legislation is unclear.

A

A. Although all of these statements are accurate, only one describes the principle of stare decisis: that courts should be guided by precedent. Translated from the Latin, stare decisis means “let the decision stand.”

58
Q

In a contract between two organizations, the parties mutually agree that disputes will be settled in the courts of the state of New York. What type of jurisdiction does this language establish?

A. Personal jurisdiction
B. Geographic jurisdiction
C. Subject matter jurisdiction
D. Consensual jurisdiction

A

A. There are two elements to a court’s jurisdiction. Personal jurisdiction refers to a court’s authority over the parties being sued. The contract language establishes the New York courts’ personal jurisdiction. The second jurisdictional element is subject matter jurisdiction, which refers to a court’s authority to hear cases on a particular area of the law.

59
Q

Which one of the following entities would not normally be considered a person under the laws of the United States?

A. A U.S. citizen
B. A U.S. corporation
C. A legal resident of the United States
D. None of the above

A

D. The legal definition of person may be a human being, a corporation, or another legal organization. U.S. citizens, legal residents, and corporations all fit within the legal definition
of a person.

60
Q

Which one of the following laws contains a private right of action?

A. CCPA
B. FERPA
C. GLBA
D. HIPAA

A

A. Most federal privacy laws, including FERPA, GLBA, and HIPAA, do not contain a private right of action. The California Consumer Privacy Act (CCPA) does contain a private right of action.

61
Q

During a negligence lawsuit, the court determined that the respondent was not at fault because the plaintiff did not present evidence that they suffered some form of harm. What element of negligence was missing from this case?

A. Duty of care
B. Breach of duty
C. Causation
D. Damages

A

D. In order to prevail on a negligence claim, the plaintiff must establish that there were damages involved, meaning that they suffered some type of financial, physical, emotional, or reputational harm.

62
Q

In a lawsuit against a political opponent, the plaintiff alleged that the respondent invaded their privacy by accessing their email account without permission. What tort is involved in this case?

A. False light
B. Appropriation
C. Invasion of solitude
D. Public disclosure of private fact

A

C. The tort of invasion of solitude involves actions that constitute a physical or electronic
intrusion into the private affairs of a person, such as breaking into their home or accessing
their email account.

63
Q

How many voting members comprise the U.S. Senate?

A. 50
B. 100
C. 200
D. 435

A

B. The Senate consists of one hundred members, two from each state. The House of Representatives consists of 435 voting members, divided among the states in proportion to their population.

64
Q

Which one of the following courts is the trial court for most matters arising under federal law?

A. Supreme Court
B. U.S. Circuit Court
C. U.S. Trial Court
D. U.S. District Court

A

D. U.S. District Courts are the trial courts of the federal system and are the location where most disputes are first brought under federal law. Decisions of the district courts may be appealed to U.S. Circuit Courts of Appeal. Decisions of the circuit courts may be appealed to the U.S. Supreme Court.

65
Q

What proportion of the states must ratify an amendment before it is added to the U.S. Constitution?

A. 1/3
B. 1/2
C. 2/3
D. 3/4

A

D. The addition of an amendment to the U.S. Constitution under any process other than a constitutional convention requires ratification by three quarters of the states.

66
Q

Which one of the following elements is not always required for the creation of a legal contract?

A. An offer
B. Acceptance of an offer
C. Written agreement
D. Consideration

A

C. Many states do have laws requiring that some contracts be in written form, but there is no universal requirement that a contractual agreement take place in writing, although written contracts are clearly preferable. The conditions that must be met for a contract to be enforce- able include that each party to the contract must have the capacity to agree to the contract, an offer must be made by one party and accepted by the other, consideration must be given, and there must be mutual intent to be bound.

67
Q

What clause of the U.S. Constitution establishes the concept of preemption?

A. Establishment clause
B. Supremacy clause
C. Commerce clause
D. Incompatibility clause

A

B. The supremacy clause establishes preemption, a concept meaning that law stemming from a higher authority takes precedence over laws from a lower authority. In this case, the supremacy clause says that federal law preempts any conflicting state laws.

68
Q

What nation was the original source of the common law used in many parts of the world?

A. Roman Empire
B. England
C. France
D. Egypt

A

B. The base of common law began in the English court system and was exported to the British colonies. Many former colonies, including the United States, continue to rely on this base of common law today.

69
Q

What category of law best describes the HIPAA Privacy Rule?

A. Constitutional law
B. Common law
C. Legislative law
D. Administrative law

A

D. The Health Insurance Portability and Accountability Act (HIPAA) is legislation passed by examples of administrative law created by the Department of Congress. However, the HIPAA Privacy Rule and HIPAA Security Rule did not go through the legislative process. They are Health and Human Services to implement the requirements of HIPAA.

70
Q

What court has subject matter jurisdiction specifically tailored to matters of national security?

A. U.S. District Court
B. State Supreme Courts
C. U.S. Supreme Court
D. Foreign Intelligence Surveillance Court

A

D. The Foreign Intelligence Surveillance Court is a specialized court established exclusively for the purpose of hearing cases related to government surveillance for intelligence gathering purposes. This court has a narrow subject matter jurisdiction tied to national security issues.

71
Q

Under what standard might a company located in one state become subject to the jurisdiction of the courts of another state by engaging in transactions with customers located in that other state?

A. Physical presence
B. Place of business
C. Consent
D. Minimum contacts

A

D. There is no indication in the question that the firm has any physical presence or place of business in the state, nor have they consented to the state’s jurisdiction. However, state officials could make a claim of jurisdiction under the “minimum contacts” standard that includes conducting business within a state, regardless of physical presence.

72
Q

In a recent invasion of privacy lawsuit, the plaintiff claimed that the respondent disclosed information that caused them to be falsely perceived by others. What tort is involved in this case?

A. Appropriation
B. Disclosure of private facts
C. Invasion of solitude
D. False light

A

D. False light is a legal term that applies when someone discloses information that causes another person to be falsely perceived by others.

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