Chapter 2 Flashcards
Legal Environment
What is the ‘Power of the Purse’ in the context of the U.S. legal environment?,
The ‘Power of the Purse’ refers to the executive branch’s capability to only spend money that has been allocated for that purpose by legislation.
What are Article I Powers?,
Article I Powers are the powers of the legislative branch as enumerated in Article I of the Constitution. They primarily deal with the administration of law.
What role do administrative agencies play under the powers of Article I?,
Administrative agencies create specific rules written by departments of the executive branch that detail how the executive will enforce laws passed by Congress.
What are Article II Powers?,
Article II Powers are the powers of the executive branch, which include the authority to execute law and the power to declare laws and practices unconstitutional.
What are the primary sources of law in the U.S.?,
The primary sources of law in the U.S. include Constitutional Law, Legislation, and Administrative Law.
What is Constitutional Law?,
Constitutional Law is the highest form of law in the land. No law may conflict with any constitutional requirements, and the only way to modify a constitutional requirement is via the amendment process.
How is privacy addressed in the U.S. Constitution?,
The word ‘privacy’ does not appear in the text of the Constitution. However, there are established constitutional protections of individual privacy from two main sources: the Fourth Amendment and Supreme Court precedents such as Olmstead v. U.S. and Carpenter v. U.S.
What is the significance of the Fourth Amendment in relation to privacy?,
The Fourth Amendment protects against unwanted searches and seizures, supporting the right to be left alone.
How do state constitutions relate to privacy compared to the U.S. Constitution?,
Several state constitutions explicitly grant the right to privacy, despite there being no explicit mention of this right in the U.S. Constitution.
What is the primary source for most privacy-related laws in the US?,
Most privacy-related laws in the US come from legislation rather than the Constitution.
What are the Code of Federal Regulations (CFR)?,
The CFR documents rules and regulations that implement statutes passed by Congress. Agencies must adhere to a formal rule-making process that allows for public comment. Administrative law is subject to judicial review and can be overridden by a legislative act.
What is the significance of case law in the legal system?,
Case law, including state decisions, establishes precedents that serve as authority for resolving future disputes. The principle ‘let the decision stand’ or stare decisis applies, meaning future cases with similar circumstances refer to these earlier judgements for guidance.
Which case highlighted that employees generally do not have a right to privacy in their company-provided email accounts?,
The case of Smyth v. Pillsbury (1996) declared that employees generally do not have a right to privacy in their company-provided email accounts.
What is common law and how does it relate to privacy?,
Common law is a set of judicial precedents passed down through many generations. An example of a privacy-related common law is the invasion of privacy tort.
What are the conditions necessary for a contract to be valid?,
- Each party must have the capacity to agree to the contract. 2. There must be a clear offer and acceptance. 3. Consideration must be given by both parties. 4. There must be mutual intent to be bound by the contract. 5. The contract should be in writing, especially for transactions involving real estate.
