Ch 2 - Structure of U.S. Law Flashcards by Snarkadark P

What are the three branches of government in the U.S.?

Executive Branch
Legislative Branch
Judicial Branch

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What is the Executive Branch comprised of?

President
Vice President
Cabinet
Federal agencies

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What is the Legislative Branch comprised of?

Congress
House of Representatives
Senate

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What five types of courts is the Judicial Branch comprised of?

Federal Courts, U.S. Supreme Court, Court of Appeals, and circuit and district courts.

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What are the six sources of law in the U.S.?

Constitutions
Legislation
Regulations and rules
Case law
Common law, including Tort Law
Consent decree

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The three branches of U.S. government include:

a. Executive, Congressional, and Judicial
b. Legislative, Judicial, and Presidential
c. Executive, Legislative, and Federal
d. Executive, Legislative, and Judicial

d. Executive, Legislative, and Judicial

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What is the Executive Branch comprised of?

a. Congress, which includes the House of Representatives and Senate
b. President, Vice President, Cabinet, and Federal Agencies
c. Federal Courts, Supreme Court, Court of Appeals, circuit courts, and district courts
d. All of the above

b. President, Vice President, Cabinet, and Federal Agencies

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What are the functions of the Executive Branch?

a. To enforce federal laws
b. To make federal laws
c. To interpret the Constitution
d. All of the above

a. To enforce federal laws

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What is the Legislative Branch comprised of?

a. Congress, which includes the House of Representatives and Cabinet
b. The Senate and the Cabinet
c. Congress, which is made up of the House of Representatives and Senate
d. None of the above

c. Congress, which is made up of the House of Representatives and Senate

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What are the functions of the Legislative Branch?

a. To make the federal laws
b. To enforce federal laws
c. To interpret the law
d. None of the above

a. To make the federal laws

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What is the Judicial Branch comprised of?

a. Federal Courts, Supreme Court, Court of Appeals, and municipal courts
b. Federal Courts, State Courts, and Municipal Courts
c. Federal Courts, Supreme Court, Court of Appeals, and circuit and district courts
d. None of the above

c. Federal Courts, Supreme Court, Court of Appeals, and circuit and district courts

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What are the functions of the Judicial Branch?

a. Enforcing federal laws
b. Interpreting federal laws
c. Oversee state courts
d. Only a and b

b. Interpreting federal laws

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Which of the following includes three sources of U.S. law?

a. Constitutions, legislation, and regulations and rules
b. Constitutions, legislation, and declaratory opinions
c. Common law, judicial guidance, and common law
d. Constitutions, legislation, and regulatory guidance

a. Constitutions, legislation, and regulations and rules

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Which of the following includes three sources of U.S. law?

a. Consent decrees, declaratory guidance, and judicial opinions
b. Regulations and rules, torts, and judicial opinions
c. Case law, common law, and civil decrees
d. Regulations and rules, case law, and common law

d. Regulations and rules, case law, and common law

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Which of the following includes three sources of U.S. law?

a. Torts, consent decrees, and case opinions
b. Consent decrees, civil opinions, and rules and regulations
c. Regulations and rules, consent decrees, and torts
d. None of the above

c. Regulations and rules, consent decrees, and torts

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Which of the following is not considered a source of U.S. law?

a. Case law
b. Torts
c. Proposed amendment
d. Consent decrees

c. Proposed amendment

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Which source of law is considered the supreme law of the United States?

a. Declaration of Independence
b. U.S. Constitution
c. U.S. Supreme Court
d. All of the above

b. U.S. Constitution

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In the U.S. Constitution, privacy is:

a. Explicitly stated in several amendments
b. An inalienable right
c. Implied as a right in several amendments
d. Only a and b

c. Implied as a right in several amendments

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Which source of law exercises the power and function of making rules (such as laws) that have the force of authority by virtue of their promulgation by an official of a state or other organization?

a. Legislation
b. Common law
c. Civil law
d. All of the above

a. Legislation

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Which source of law involves compliance expectations placed on industries by regulatory agencies?

a. Common law
b. Torts
c. Civil law
d. Rules and regulations

d. Rules and regulations

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Which source of law applies final decisions made by judges in past court cases to current or future case decisions in a manner consistent with the past decision?

a. Common law
b. Case law
c. Torts
d. Consent decrees

b. Case law

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Which best describes one of the main challenges of case law in applying past decisions to current cases?

a. Precedents may change as technological and societal changes in values and laws evolve over time
b. No two cases are exactly alike
c. There are many varying factors involved that result in the decision from one case to another
d. Different judges have different perspectives

a. Precedents may change as technological and societal changes in values and laws evolve over time

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Which source of law refers to legal principles that have developed over time through judicial decisions, and draws from social customs and expectations?

a. Case law
b. Torts
c. Consent decrees
d. Common law

d. Common law

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Which source of law involves an agreement or settlement to resolve a dispute between two parties without admission of guilt or liability?

a. Torts
b. Contract law
c. Consent decree
d. None of the above

c. Consent decree

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Which source of law requires a legally binding agreement that includes an offer, acceptance by the person to whom the offer was made, and consideration (bargained-for-exchange). a. Consent decree b. Contract law c. Contract agreement d. None of the above

b. Contract law

Contract law requires a legally binding agreement that includes: a. An offer, acceptance, and a notarization b. An offer, acceptance, and attorney’s review c. An offer, acceptance, and consent decree d. An offer, acceptance, and consideration

d. An offer, acceptance, and consideration

In contract law, for an agreement to be legally binding, an offer must be accepted by: a. All parties to the agreement and their attorneys b. The person from whom the offer is made c. The person to whom the offer is made d. None of the above

c. The person to whom the offer is made

In contract law, for an agreement to be legally binding, it must include consideration, which is: a. Bargained-for exchange b. Offer made to another party c. Acceptance by the party to whom the offer is made d. All of the above

a. Bargained-for exchange

Tort law is a source of law that addresses: a. Final decisions made by judges in court cases b. Legal principles developed over time from social customs c. Civil wrongs recognized by law as having grounds for lawsuits d. All of the above

c. Civil wrongs recognized by law as having grounds for lawsuits

One of the primary goals of tort law is to: a. To let the decision from previous cases stand b. Provide relief for damages incurred c. Uphold special privilege rules such as attorney-client confidentiality d. None of the above

b. Provide relief for damages incurred

True or false? Federal privacy laws will always supersede state laws.

False.

Which of the following is one of the six key questions to ask yourself when trying to understand a law, statute or regulation? a. Who is covered by this law? b. What information is requested during discovery? c. When was the law enacted? d. None of the above

a. Who is covered by this law?

Which amendments in the U.S. Constitution imply we have a constitutional right to privacy?

3rd 4th 5th 14th

Which federal agency plays a role in administering the EU-US Privacy Shield Framework?

Department of Commerce (DOC)

10th Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the ___________ respectively, or to the ____________."

states | people

Three primary things the U.S. legal system relies on are 1) __________ __________ based on court decisions; 2) doctrines __________ in court decisions; and 3) the doctrines' ___________ and _________.

1. Legal precedent 2. implicit 3. customs and uses

Two key areas of common law are: ___________ and _________________.

Contracts | Torts

Which of the following is not one of the six key questions to ask yourself when trying to understand a law, statute or regulation? a. What types and uses of information are covered? b. Who is the author of the law? c. What exactly is required or prohibited? d. Who enforces this law?

b. Who is the author of the law?

Which of the following is one of the six key questions to ask yourself when trying to understand a law, statute or regulation? a. When was the bill introduced to Congress? b. Who is the author of the law? c. What happens if I don't comply? d. None of the above

c. What happens if I don't comply?

Which of the following is not one of the six key questions to ask yourself when trying to understand a law, statute or regulation? a. Who enforces the law? b. What happens if I don’t comply? c. When was the law introduced? d. Why does this law exist?

c. When was the law introduced?

5. Which regulatory agency has general authority to enforce rules against unfair and deceptive trade practices? a. FCC b. FRB c. DOJ d. FTC

d. FTC

Which of the following is not a role or responsibility of the FTC? a. Developing standards for sharing of non-public personal information between financial institutions b. Statutory responsibility for issues such as children’s online privacy and commercial email marketing c. Development of U.S. privacy standards d. Enforce rules against unfair and deceptive trade practices

a. Developing standards for sharing of non-public personal information between financial institutions

Which of the following is not a role of the Department of Health and Human Services? a. Sharing rule-making authority with the Department of Commerce for health care privacy policies b. Create regulations to protect the privacy and security of healthcare information c. Enforcement of HIPAA

a. Sharing rule-making authority with the Department of Commerce for health care privacy policies

Which of the following is a role and/or responsibility of the Department of Health and Human Services? a. Enforcing COPPA b. Regulating employee standards for health care workers c. Sharing rule-making and enforcement power with the Federal Trade Commission for data breaches related to medical records under the HITECH Act d. All of the above

c. Sharing rule-making and enforcement power with the Federal Trade Commission for data breaches related to medical records under the HITECH Act

Which federal agencies are responsible for the enforcement of HITECH? a. Dept of Health and Human Services and Federal Trade Commission b. Dept of Health and Human Services and Dept of Justice c. Dept of Health and Human Services and Dept of Commerce d. Dept of Health and Human Services and Consumer Financial Protection Bureau

a. Dept of Health and Human Services and Federal Trade Commission

Which regulatory authority administers the Privacy Shield Framework between the U.S. and the EU? a. Dept of Justice b. Dept of Agriculture c. Dept of Health and Human Services d. Dept of Commerce

d. Dept of Commerce

Which regulatory authority works alongside the Dept of Commerce on the enforcement of privacy and security standards set by organizations having privacy self-regulatory frameworks? a. Privacy Shield Associated Members b. Federation of Self-Regulated Organizations c. Federal Commerce Commission d. Federal Trade Commission

d. Federal Trade Commission

Which regulatory authority has general authority to enforce rules and against unfair and deceptive trade practices? a. Federal Commerce Commission b. Federal Trade Commission c. Dept of Commerce d. None of the above

b. Federal Trade Commission

13. Roles and responsibilities for the Federal Trade Commission include: a. Enforce rules against unfair and deceptive trade practices b. Statutory for issues such as children’s online privacy and commercial email marketing c. Share in the development of U.S. privacy standards d. All of the above

d. All of the above

Which regulatory authority is responsible for the enforcement of HIPAA? a. American Medical Association b. Dept of Health Privacy Standards c. Dept of Health and Human Services d. None of the above

c. Dept of Health and Human Services

Which regulatory authority works with the FTC to enforce privacy and security standards set by organizations? a. U.S. Dept of Commerce b. U.S. Dept of Personal Privacy c. Federal Communication Commission d. All of the above

a. U.S. Dept of Commerce

Which regulatory authority serves as chief legal advisor to state governments? a. State House of Representatives b. State Legislators c. General Executive Attorney d. State Attorney General

d. State Attorney General

Roles and responsibilities of the State Attorney General include: a. Serve as chief legal advisor to the state government b. Serve as the state's chief law enforcement officer c. Take enforcement action on a state's unfair and deceptive practice laws d. All of the above

c. Take enforcement action on a state's unfair and deceptive practice laws

Which of the following regulatory authorities may take enforcement action on violations of HIPAA, GLBA, Telemarketing Sales Rule and violation of breach notification laws? a. Dept of Commerce b. State Attorney General c. Federal Communications Commission d. Only a and b

b. State Attorney General

Which regulatory authority is an independent bureau of the U.S. Department of Treasury? a. Office of the Controller of the Currency b. Federal Reserve Bank c. Office of the Comptroller of the Currency d. Federal Deposit Insurance Corporation

c. Office of the Comptroller of the Currency

Which of the following not a role or responsibility of the OCC? a. Enforcement of privacy laws for all state banks b. Supervision of national and federal banks and savings institutions c. Regulation and supervision of agencies of foreign banks d. Enforcement of privacy laws for all national and federal banks and savings institutions

a. Enforcement of privacy laws for all state banks

Which of the following are roles and responsibilities of the OCC? a. Supervision of all commercial banks and savings institutions b. Ensuring fair access to financial services of national banks c. Supervision of the U.S. Treasury d. All of the above

b. Ensuring fair access to financial services of national banks

Which of the following are roles and responsibilities of the OCC? a. Supervision of all commercial banks and savings institutions b. Ensuring fair access to consumer financial tools c. Enforcement of privacy laws for all private community banks d. Compliance of privacy laws and regulations for national and federal banks and savings institutions and agencies of foreign banks

d. Compliance of privacy laws and regulations for national and federal banks and savings institutions and agencies of foreign banks

Which regulatory authority is responsible for regulation and supervision of agencies of foreign banks? a. OCC b. FDIC c. SEC d. FTC

a. OCC

Which of the following programs involves an approach to privacy protection that includes many industry groups creating and monitoring their own privacy guidelines and practices? a. Financial regulatory program b. Self-regulatory program c. Privacy Regulation Coop program d. Fair Information Practices program

b. Self-regulatory program

Which of the following is not an example of a self-regulatory program? a. TrustArc b. Better Business Bureau c. Asian-Pacific Economic Cooperation d. EU-US Privacy Shield

c. Asian-Pacific Economic Cooperation

As part of the Executive Branch, which of the following is a role of the President? a. Appoint federal judges b. Presides over joint sessions of Congress c. May exercise veto power over laws passed by Congress d. Only a and c

d. Only a and c

As part of the Executive Branch, which of the following is a role of the Vice President? a. Advises President according to their individual duties b. Implements and enforces laws c. Presides over joint sessions of Congress d. None of the above

c. Presides over joint sessions of Congress

As part of the Executive Branch, what is the role of the Cabinet? a. Presides over joint sessions of Congress b. Advises President according to their individual respective duties c. Assists and organizes the President’s official functions d. All of the above

b. Advises President according to their individual respective duties

What is the role of federal agencies in the Executive Branch? a. Advise President according to their individual respective duties b. Implementing and enforcing laws c. May exercise veto power over judicial selection d. None of the above

b. Implementing and enforcing laws

What is the role of Congress in the Legislative Branch? a. Makes laws b. Holds hearings to inform the legislative process c. Conducts investigations to oversee the executive branch d. All of the above

d. All of the above

What is the role of the House of Representatives in the Legislative Branch? a. Introduces bills and resolutions b. Offers amendments c. Serves on committees d. All of the above

d. All of the above

What is the role of the Senate in the Legislative Branch? a. Passes laws b. May override presidential vetoes c. Confirms presidential appointees d. All of the above

d. All of the above

What is the role of the courts in the Judicial Branch? a. Interpreting the law b. Determining whether the laws are constitutional c. May promote and enforce rules pursuant to the law under Congress’ authority d. All of the above

d. All of the above

One of the primary goals of tort law is to: a. Create a legally binding agreement between parties b. Stop alleged illegal activity without admitting guilt c. Deter others from committing the same offense d. All of the above

c. Deter others from committing the same offense

Tort law is a source of law that addresses civil wrongs recognized by law as: a. Alleged illegal activity b. Having the grounds for lawsuits c. Legally binding agreement d. None of the above

b. Having the grounds for lawsuits

An intentional tort is a civil wrong, in which: a. A lawsuit was filed b. An organization was involved in illegal activity c. None of the parties admitted guilt d. The defendant knew or should have known that their action or inaction would cause harm

d. The defendant knew or should have known that their action or inaction would cause harm

An intentional tort requires that: a. The defendant knew their action or inactions would cause harm b. The defendant should have known that their action or inaction would cause harm c. The defendant intentionally failed to report illegal activity d. Only a or b

d. Only a or b

A negligent tort is a civil wrong, in which: a. The defendant knew their action or inactions would cause harm b. The defendant should have known that their action or inaction would cause harm c. The defendant intentionally failed to report illegal activity d. The defendant's actions were unreasonably careless or unsafe

d. The defendant's actions were unreasonably careless or unsafe

A strict liability tort is a civil wrong, in which the defendant has legal responsibility for damages or liability: a. Strictly when they are negligent b. Strictly when they are at fault c. Regardless of whether or not they are negligent or at fault d. None of the above

c. Regardless of whether or not they are negligent or at fault

The ability of an individual harmed by a violation of a law to file a lawsuit against the violator is known as: a. A personal defense b. A constitutional right of action c. A private right of action d. None of the above

c. A private right of action

A superior government's ability to have its laws supersede those of an inferior government is known as: a. Preemption b. Predilection c. Supreme right d. All of the above

a. Preemption

Permission outlined by legislation to regulate a field of activity or a singular activity is known as: a. Jurisdiction b. Authority c. Preemption d. None of the above

b. Authority

The authority of a court to hear a particular case is known as: a. Specific authority b. Preemption c. Exclusive right d. Jurisdiction

d. Jurisdiction

In order to have authority to hear a particular case, a court must have both: a. Personal and private jurisdiction b. Subject matter and private jurisdiction c. Subject matter and personal jurisdiction d. Specific and private jurisdiction

c. Subject matter and personal jurisdiction

Two key areas of civil law are: a. Contracts and Torts b. Negligent and Strict Liability Torts c. Rules and Regulations d. Legislation and Torts

a. Contracts and Torts

The 10th Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the: a. People b. Courts respectively, or to the States c. States d. States respectively, or to the people

d. States respectively, or to the people

Trust marks involve organizations adopting the guidelines of a third party who is responsible for: a. Creating policies and procedures b. Monitoring and enforcing compliance c. Ensuring operational efficiency d. Enterprise monitoring

b. Monitoring and enforcing compliance

A third-party seal and certification program, such as the Better Business Bureau is an example of a: a. Trust mark b. Self-regulated organization c. Fair information practice d. None of the above

a. Trust mark

A consent decree helps to resolve a dispute between two parties a. In which no agreement was made b. During a data breach c. Without admission of guilt or liability d. All of the above

c. Without admission of guilt or liability

Which amendments in the U.S. Constitution imply we have a constitutional right to privacy? a. Second, third, fourth, and fourteenth b. Third, fourth, fifth, and tenth c. Third, fourth, fifth, and fourteenth d. All amendments imply a constitutional right to privacy

c. Third, fourth, fifth, and fourteenth

Which federal agency plays a role in administering the EU-US Privacy Shield Framework? a. Department of Justice b. Department of Commerce c. Federal Trade Commission d. Better Business Bureau

b. Department of Commerce

Three primary things the U.S. legal system relies on are: a. Case law, legal precedent, and implied doctrines b. Legislation, executive orders, and legal precedent c. Attorneys’ arguments, court proceedings, and legal precedent d. Legal precedent, implied doctrines, and the doctrines' customs and uses

d. Legal precedent, implied doctrines, and the doctrines' customs and uses

Legal precedent is: a. A set of doctrines b. Based on court decisions c. Based on a doctrines’ customs and uses d. All of the above

b. Based on court decisions

The U.S. legal system often relies on doctrines implied by previous court decisions, and their a. Customs and uses b. Implications in the present c. Applicability to the current environment d. All of the above

a. Customs and uses

Ch 2 - Structure of U.S. Law Flashcards

Module 2 - CIPP