WEEK-1 Flashcards
Exam Preparation
Constitutional Law
Developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits
Statutory Law
Passed by a legislative branch of government, be it the U.S. Congress or a local city council.
Administrative Law
Power of government-sponsored agencies to enforce behaviors through administrative rulemaking
Case Law
Originates from the judicial branch of government: judges decide on the applicability of laws and regulations.
Preemption
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution
Private Right of Action
Allows private parties to bring a lawsuit, even though no such remedy is explicitly provided for in the law.
Law of Evidence
Rules and legal principles that govern the proof of facts in a legal proceeding
Tort
An act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability
Injury
Describes the invasion of any legal right
Harm
Describes a loss or detriment in fact that an
individual suffers
Standing
The ability of a party to bring a lawsuit in court based upon their stake in the outcome. A party seeking to demonstrate standing must be able to show sufficient connection to and harm from the law or action challenged.
Remedy
The form of court enforcement of a legal right resulting from a successful civil lawsuit
Damages
A legal remedy, damages are the sum of money the law imposes for a breach of some duty or violation of some right.
Injunction
Court order requiring a person to do or cease doing a specific action
Privacy Protection in Tort Law
- Public disclosure of Private Facts – disclosure of private matter that is highly offensive to a reasonable person and is not of legitimate concern to the public
- Intrusion upon Seclusion – intruding upon the solitude of seclusion of another or his private affairs or concerns if the intrusion is highly offensive to a reasonable person
- False Light – disclosure of a matter that places a person in a false light that is highly offensive to a reasonable person
- Appropriation – appropriation to his own use or benefit the name or likeness of the plaintiff
First Amendment
- Right to speak anonymously;
- Freedom of association, which protects privacy of one’s associations;
Third Amendment
Protection of the home from the quartering of troops
Fourth Amendment
Protection to be secure in in their persons, houses, papers, and effects, against unreasonable searches and seizures;
Fifth Amendment
Privilege against self-incrimination
Code of Fair Information Practices established in 1973
-No personal-data record-keeping systems whose existence is secret
• There must be a way for an individual to find out what information about him is in a record and how it is used
• There must be a way for an individual to prevent information about him obtained for one purpose from being used or made available for other purposes w/o consent
• There must be a way for an individual to correct or amend a record of identifiable information about him
• Any organization creating, maintaining, using, or disseminating records of identifiable personal data must ensure the reliability of the data for their intended use and must take reasonable precautions to prevent misuse of data