Module #2: Structure of U.S. Law Flashcards
Branches of US Government are?
Executive
Legislative
Judicial
What is covered by the executive branch
enforces laws.
It is made up by the
-president
appoints federal judges
and can veto laws
passed by Congress.
- vice president
- cabinet
-federal agencies.
agencies implement and
enforce laws.
What is covered by the legislative branch
makes and passes laws and can override presidential vetoes.
is made up of:
- Congress
- The House of Representatives
- Senate.
confirms presidential
appointees.
What is covered by judicial branch
interprets the law and determines whether the laws are constitutional.
is made up of:
- Federal courts,
- the U.S. Supreme Court
- the Court of Appeals
- circuit and district courts
Sources of Law
- Constitutions
- Legislation
- Regulations and Rules
- Case Law
- Common Law
- Consent decree
- Contract Law
- Tort Law
Constitutions
- is the supreme law in the US.
- privacy is not directly mentioned by is implied by the fourth amendment.
- state constitutions are also sources of law and can create stronger rights than those provided by the US Constitution
Fourth Amendment
right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
privacy and security laws have been passed by both federal and state legislatures
legislation
are implemented across numerous industries, from healthcare and education to finance and surveillance
state legislation may be stricter than national legislation, and in other cases, federal law overrides state laws, as with HIPPA and CAN-SPAM
Regulations and Rules
- issue regulations and rules that place compliance expectations on industries, such as marketing
- Regulatory agencies
- FTC
- Federal Communications Commission
when final decisions are made by judges in court cases
Case Law
often judges will look to past decisions and decide how to rule in the new case in a manner that was consistent with a past decision
these precedents do change, however, as technological and societal changes in values and laws evolve over time
refer to the principles that have developed over time thru judicial decisions and contrast with statutory laws
Common Law
- social customs and expectations confidentiality
- doctor-patient confidentiality
attorney-client confidentiality
agreements or settlements that resolve a dispute between 2 parties without admission of guilt or liability.
Consent decree
Thru a legal document approved by a judge, the defendant may have to take a specific action, such as agreeing to stop the alleged illegal activity or pay money to the government and agree to not violate the relevant law in the future
A legally binding contract that must include an offer, such as terms of the agreement, acceptance by the person to whom the offer was made, and consideration, which is the bargained-for exchange, as in money, property or services.
Contract law
civil wrongs recognized by laws as having the grounds for lawsuits. the primary goal of the lawsuit is to provide relief for damages incurred and deter others from committing the same wrongs.
Tort Law
The ability of an individual harmed by a violation of a law to file a lawsuit against the violator
Private right of action
