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CIPP/US 2021 > Chapter 2: Legal Environment > Flashcards

Chapter 2: Legal Environment Flashcards

1
Q

US Executive departments with privacy powers

A

FTC
Commerce
HHS
FCC

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2
Q

Rules on how the executive branch will enforce laws

A

Administrative law

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3
Q

Administrative law

A

Rules on how the executive branch will enforce laws

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4
Q

Article II powers

A

The Executive Branch

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5
Q

Judicial review

A

Supreme court reviews laws, and actions of the executive branch

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6
Q

The highest law of the land in the US

A

Constitution

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7
Q

Which laws may conflict with the constituion?

A

None

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8
Q

Percentage of states needed for a constitutional convention

A

Two thirds (2/3)

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9
Q

Constitutional sources of privacy

A

Fourth Amendment
Supreme Court precedent

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10
Q

Unicameral legislature

A

Only one legislative body. (Only in Nebraska)

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11
Q

Executive branch rules and regulations AKA

A

Administrative law

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12
Q

Where is administrative law published?

A

Code of Federal Regulations (CFR)

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13
Q

Case law

A

Court interpretations

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14
Q

Stare decisis

A

Court decisions create precedents. (Let decisions stand)

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15
Q

Common law

A

Judicial precedents passed down for many generations, mostly from England

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16
Q

Contract law

A

Agreement by two parties to be bound by the terms for consideration

17
Q

Jurisdiction

A

Geographic area where the law applies

18
Q

Personal jurisdiction

A

Court has jurisdiction over a person

19
Q

Subject matter jurisdiction

A

Courts jurisdiction over an area of the law

20
Q

What can a legally defined person do?

A

Sue
Be sued
Own property
Sign contracts

21
Q

Preemption

A

Law from a higher authority takes precedence

22
Q

Private right of action

A

Individuals may bring cases for law violations

23
Q

Claimant and respondent

A

Party bringing a legal claim and the party the claim is against

24
Q

Mens rea

A

Guilty mind (criminal intent)

25
Q

Preponderance of the evidence

A

Greater than 50% chance that the claim is correct

26
Q

Strict liability

A

Person is responsible for their actions

27
Q

Torts

A

Harm by one party to another party (not contracts)

28
Q

Four elements of liability for negligence

A

Duty of care
Breach of duty of care
Damages
Causation

29
Q

Causation

A

Reasonable person judges that injury caused must result from a breach of duty

30
Q

Invasion of privacy

A

It is a tort

31
Q

Invasion of solitude

A

Physical or electronic intrusion to private affairs

32
Q

False light

A

Discloses info that causes someone to be falsely perceived

33
Q

Appropriation

A

Unauthorized use of someone else’s name or likeness

CIPP/US 2021 (13 decks)

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