Chapter 2: U.S. Legal Framework Flashcards
What are the 3 branches of government?
- Legislative Branch
- Executive Branch
- Judicial Branch
Who makes up the Legislative Branch? And what are its checks and balances?
a. Congress (House and Senate)
b. Congress confirms presidential appointees, can override vetos
Who makes up the Executive Branch? And what are its checks and balances?
a. President, VP, Cabinet, federal agencies
b. President appoints federal judges, can veto laws passed by Congress
Who makes up the Judicial Branch? And what are its checks and balances?
a. Federal Courts
b. Determines whether the laws are constitutional
What are the sources of U.S. law?
- Constitutions
- Legislation
- Regulations and Rules
- Case Law
- Common Law
- Contract Law
- Tort Law
- Consent decrees
What is the Constitution
The supreme law in the United States
Is the right to privacy explicit in the U.S. Constitution.
No, the word “privacy” is not in the U.S. constitution. However, some parts directly affect privacy such as the 4th Amendment which limits government searches. State constitutions may create stronger rights than those found in the U.S. constitution. For example, CA state constitution expressly recognizes a right to privacy.
What is legislation?
Laws passed by Congress or state legislatures.
What is Case Law?
Final decisions made by judges in court cases. When similar issues arise in the future, judges look to past decisions as precedent and decide the case in a manner consistent with past decisions - “stare decisis”
What is Contract Law?
a legally binding agreement enforceable in a court of law
to be valid, it must include an offer, acceptance, and consideration.
What is an Offer?
Proposed language to enter into a bargain. It must be communicated to another person and remain open until it is accepted, rejected, retracted or has expired. A counteroffer ends the original offer.
What is Acceptance?
The assent or agreement by the receiver of the offer that the offer was accepted. Acceptance must be communicated to the offeror.
What is Consideration?
Is the bargain-for exchange. Legal benefit received by one person and the legal detriment imposed to the other. Consideration usually takes the form of money, property, or services.
What is Tort Law?
Are civil wrongs recognized by the law as the grounds for lawsuits. These wrongs result in an injury or harm that constitutes the basis for a claim.
What are the 3 general tort categories?
- Intentional Torts - wrongs that the defendant knew or should have known would occur through their actions or inactions.
- Negligent Torts - wrongs when the defendant’s actions were unreasonably unsafe.
- Strict Liability - wrongs that do not depend on the degree of carelessness by the defendant, but are established when a particular action causes damage.
