Structure of U.S. Law Flashcards

1
Q

What are the 3 branches of government?

A
  1. Legislative Branch
  2. Executive Branch
  3. Judicial Branch
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2
Q

Who makes up the Legislative Branch? And what are its checks and balances?

A

a. Congress (House and Senate)

b. Congress confirms presidential appointees, can override vetos

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3
Q

Who makes up the Executive Branch? And what are its checks and balances?

A

a. President, VP, Cabinet, federal agencies

b. President appoints federal judges, can veto laws passed by Congress

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4
Q

Who makes up the Judicial Branch? And what are its checks and balances?

A

a. Federal Courts

b. Determines whether the laws are constitutional

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5
Q

What are the sources of U.S. law?

A
  1. Constitutions
  2. Legislation
  3. Regulations and Rules
  4. Case Law
  5. Common Law
  6. Contract Law
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6
Q

Is the right to privacy explicit in the U.S. Constitution.

A

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.

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7
Q

What is legislation?

A

Laws passed by Congress or state legislatures.

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8
Q

What are Regulations and Rules?

A

Compliance expectations placed on the marketplace by regulatory agencies. Some laws require regulatory agencies to issue regulations and rules.

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9
Q

What is Case Law?

A

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”

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10
Q

What is Common Law?

A

Legal principles that have developed over time in judicial decisions, often drawing on social customs and expectations.

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11
Q

What is a Consent Decree?

A

A judgment entered by consent of the parties whereby the defendant agrees to sop alleged illegal activity, typically without admitting guilt or wrongdoing. The legal document is approved by the judge and formalizes an agreement reached between a federal or state agency and an adverse party. The document describes the actions the defendant will take, and my be subject to a public comment period.

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12
Q

What is Contract Law?

A

It is a subcategory of Common Law.

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13
Q

What are the fundamental requirements for forming a binding contract?

A
  1. Offer
  2. Acceptance
  3. Consideration
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14
Q

What is an Offer?

A

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.

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15
Q

What is Acceptance?

A

The assent or agreement by the receiver of the offer that the offer was accepted. Acceptance must be communicated to the offeror.

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16
Q

What is Consideration?

A

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.

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17
Q

What is Tort Law?

A

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.

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18
Q

What are the 3 general tort categories?

A
  1. Intentional Torts - wrongs that the defendant knew or should have known would occur through their actions or inactions.
  2. Negligent Torts - wrongs when the defendant’s actions were unreasonably unsafe.
  3. Strict Liability - wrongs that do not depend on the degree of carelessness by the defendant, but are established when a particular action causes damage.
19
Q

What are examples of Privacy Torts?

A

intrusion upon seclusion, public revelation of private facts, casting a person in a false light, interfering with a person’s right to publicity, failing to provide adequate safeguards for PI

20
Q

What is a Person?

A

Any entity with legal rights, including an individual or a corporation.

21
Q

What is the meaning of Jurisdiction?

A

The authority of a court to hear a particular case. The court must have subject matter jurisdiction and personal jurisdiction.

22
Q

What is Preemption?

A

A superior government’s ability to have its laws supersede those of an inferior government.

23
Q

What is “Private Right of Action”?

A

The ability of an individual harmed by a violation of law to file a lawsuit against the violator.

24
Q

What is Notice?

A

Is a description of the organization’s information management practices.

25
Q

What is the purpose of a Notice?

A
  1. consumer education

2. corporate accountability

26
Q

What does a typical Notice tell an individual?

A
  1. What information is collected
  2. How the information is used and disclosed
  3. How to exercise any choices about uses or disclosures
  4. Whether the individual can access or update the information
27
Q

What is a Privacy Notice?

A

Often refers to external communications, issued to consumers, customers, or users.

28
Q

What is a Privacy Policy?

A

Often refers to internal standards used within the organization.

29
Q

What is Choice?

A

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

30
Q

What is an “opt in” choice?

A

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

31
Q

What is an “opt out” choice?

A

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

32
Q

What is Access?

A

The ability to view personal information held by an organization.

33
Q

When must Access and Correction be provided?

A

When the information is used for any type of substantive decision making, such as for credit reports.

34
Q

Which federal agencies engage in regulatory activities concerning privacy in the private sector?

A
  1. Federal Trade Commission (FTC)
  2. Federal Communications Commission (FCC)
  3. Department of Commerce (DoC)
  4. Department of Health and Human Service (HHS)
  5. Federal Reserve Board (Fed)
  6. Office of Comptroller of the Currency (OCC)
  7. Consumer Financial Protection Bureau (CFPB)
35
Q

What privacy authority does the FTC have?

A

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

36
Q

Who enforces privacy at the state level?

A

State attorney generals

37
Q

How do state attorney generals bring enforcement actions?

A

Typically, pursuant to state laws prohibiting unfair and deceptive trade practices.

38
Q

Who also plays a valuable role in governing privacy practices within industries?

A

Self regulatory regimes

39
Q

What questions should be asked to understand any privacy related law, statute, or regulation?

A
  1. Who is covered by this law?
  2. What types of information (and what uses of information) are covered?
  3. What exactly is required or prohibited?
  4. Who enforces the law?
  5. What happens if I don’t comply?
  6. Why does this law exist?
40
Q

What do the first 2 questions do?

A

Tell you the scope of the law.

41
Q

What does the third question do?

A

Tells you what you need to know to comply with the law

42
Q

What does questions 4 and 5 do?

A

They help you assess the risks associated with noncompliance or less than perfect compliance.

43
Q

What does question 6 do?

A

Helps you understand the motivation behind the law.