2. Structure of U.S. Law Flashcards
What are the three branches of government?
Executive, Legislative, Judicial
What does the Executive branch do?
Enforce laws
It is made up of the president, vice president,
cabinet and federal agencies. Federal agencies implement and enforce laws. The president appoints federal judges and can veto laws passed by Congress.
What does the Legislative branch do?
Makes Laws
is made up of Congress—the House of Representatives and Senate. It passes laws and can override presidential vetoes. The senate confirms presidential appointees.
What does the Judicial branch do?
Interprets Laws
interprets the law and determines whether the laws are
constitutional. Federal courts, the U.S. Supreme Court, the Court of Appeals, and circuit and district courts make up this branch. If given authority by Congress, it may also promote and enforce rules pursuant to the law.
What are the eight (8) sources of law?
- Constitution
- Legislation
- Regulations and Rules
- Case Law
- Common Law
- Consent decree
- Contract Law
- Tort Law
What is Constitution law?
The U.S. Constitution is the supreme law in the United States. While the word privacy is not mentioned in the Constitution, there are parts that directly affect it, such as the Fourth Amendment. The Third, Fifth, Ninth and Fourteenth Amendments also provide privacy protections to Americans.
What is Legislation Law?
Privacy and security laws have been passed by both federal and state legislatures. These regulations are implemented across numerous industries, from healthcare and education to finance and surveillance.
State legislation may be stricter than national legislation, and in other cases, federal law overrides state laws, as with Health Insurance Portability and Accountability Act
HIPAA) and the Controlling the Assault of Non-Solicited Pornography and Marketing
Act (CAN-SPAM).
What are regulations and rules?
Regulatory agencies, such as the Federal Trade Commission and Federal Communications Commission, issue regulations and rules that place compliance
expectations on industries, such as marketing.
What is case law?
When final decisions are made by judges in court cases, this is known as case law. Often judges will look to past decisions and decide how to rule in the new case in a
manner that was consistent with a past decision.
These precedents do change, however, as technological and societal changes in values
and laws evolve over time.
What is Common law?
Common law refers to legal principles that have developed over time through judicial decisions and contrast with statutory laws. Drawing from social customs and expectations, doctor-patient and attorney-client confidentiality are examples of common law.
What are Consent decrees?
Consent decrees are agreements or settlements that resolve a dispute between a regulator and a private party without admission of guilt or liability. Through a
legal document approved by a judge, the defendant may have to take specific action, such as agreeing to stop the alleged illegal activity or pay money to the government and agree to not violate the relevant law in the future.
What is Contract law?
Contract law is a legally binding contract that must include an offer, such as terms of agreement, acceptance by the person to whom the offer was made, and consideration, which is the bargained-for exchange, as in money, property or services. This contract is usually* enforceable in a court of law. In regards to privacy, the contract may include provisions on data usage, security and breach notification.
*A contract may be unenforceable due to a conflict with public policy or
misrepresentation.
What is tort law?
A tort is a civil wrong recognized by law as having the grounds for lawsuits. The primary goal for the lawsuit is to provide relief for damages incurred and deter others from committing the same wrongs.
What are the three general tort categories?
intentional, negligent and strict liability
What is an intentional tort?
when a defendant knew or should have known that their action or inaction would cause harm
