Structure of U.S. Law

Question 1

Checks and balances from legislative branch?

Answer 1

Congress confirms presidential appointees, can override vetoes

Question 2

Checks and balances from executive branch?

Answer 2

President appoints federal judges, can veto laws passed by Congress

Question 3

Checks and balances from judicial branch?

Answer 3

Determines whether laws are constitutional

Question 4

What do federal agencies do?

Answer 4

Implement laws through rulemaking and enforce laws through criminal and civil procedures

Question 5

Where do federal agencies get power from?

Answer 5

Delegated from Congress via statutes

Question 6

Right to privacy in constitutions (U.S. and state)?

Answer 6

• SCOTUS has recognized individual’s right to privacy over certain personal decisions by discussing a “penumbra” of unenumerated constitutional rights
• 11 state constitutions including CA expressly recognize a right to privacy

Question 7

10th Amendment

Answer 7

Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Question 8

How do agencies provide guidance?

Answer 8

• some agencies issue regulations and rules
• agencies also provide guidance in the form of formal opinions which help parties interpret agency rules and regulations (non-binding)
• can also provide more informal guidance through published reports, content on websites, congressional testimony and speeches

Question 9

Define:

Consent decree

Answer 9

• judgment entered by consent of the parties whereby the D agrees to stop alleged illegal activity, typically without admitting guilt or wrongdoing
• approved by judge
• has effect of court decision

Question 10

Define:

general authority

Answer 10

blanket authority to regulate a field of activity

Question 11

Define:

specific authority

Answer 11

targeted at singular activities that are outlined by legislation

Question 12

Define:

privacy notice

Answer 12

• describes org’s information management practices
• tells individual what info is collected, how info is used and disclosed, how to exercise any choices about uses or disclosures, and whether the individual can access or update the information

Question 13

Define:

choice

Answer 13

ability to specify whether personal information will be collected and/or how it will be used or disclosed

Question 14

Define:

opt-in

Answer 14

affirmative indication of choice based on an express act of the person giving the consent

Question 15

Define:

opt-out

Answer 15

choice can be implied by the failure of a person to object to the use or disclosure

Question 16

Define:

access

Answer 16

ability to view personal information held by an organization

Question 17

FTC has general authority to…

Answer 17

enforce against unfair and deceptive practices, notably including the power to bring “deception” enforcement actions where a company has broken a privacy promise