Chapter 2: Legal Environment Flashcards
US Executive departments with privacy powers
FTC
Commerce
HHS
FCC
Rules on how the executive branch will enforce laws
Administrative law
Administrative law
Rules on how the executive branch will enforce laws
Article II powers
The Executive Branch
Judicial review
Supreme court reviews laws, and actions of the executive branch
The highest law of the land in the US
Constitution
Which laws may conflict with the constituion?
None
Percentage of states needed for a constitutional convention
Two thirds (2/3)
Constitutional sources of privacy
Fourth Amendment
Supreme Court precedent
Unicameral legislature
Only one legislative body. (Only in Nebraska)
Executive branch rules and regulations AKA
Administrative law
Where is administrative law published?
Code of Federal Regulations (CFR)
Case law
Court interpretations
Stare decisis
Court decisions create precedents. (Let decisions stand)
Common law
Judicial precedents passed down for many generations, mostly from England
Contract law
Agreement by two parties to be bound by the terms for consideration
Jurisdiction
Geographic area where the law applies
Personal jurisdiction
Court has jurisdiction over a person
Subject matter jurisdiction
Courts jurisdiction over an area of the law
What can a legally defined person do?
Sue
Be sued
Own property
Sign contracts
Preemption
Law from a higher authority takes precedence
Private right of action
Individuals may bring cases for law violations
Claimant and respondent
Party bringing a legal claim and the party the claim is against
Mens rea
Guilty mind (criminal intent)
