Week1: Law & Data Privacy Flashcards
Structure of U.S. Law (6-9) Enforcement of Laws (3-5) Introduction to Privacy (Self-Study)
What are the 3 Branches of the U.S. Government? & What is the role of each branch?
Executive Branch
Enforces laws
President, Vice President, Cabinet and Federal Agencies
Legislative Branch
Makes laws
Congress (house of representatives and senate)
Judicial Branch
Interprets the law (determines if constitutional)
Federal courts
What are SOURCES of law?
U.S. Constitution State Constitutions Legislation Regulations and Rules Common Law/Case Law Contract Law
What is the Supreme Law in the United States?
The U.S. Constitution
Where is the word “Privacy” mentioned in the U.S. Constitution?
The word Privacy is NOT mentioned in the U.S. Constitution
What is legislation?
Laws passed by federal and state legislatures.
What is Common or Case Law?
Final decisions by judges in court cases.
Judges look at precedent (past decisions) to decide how to rule in a new case that is consistent with these past decisions.
Laws/Precedents change, as technological and societal values evolve over time
What is required to have an enforceable (legally binding) contract?
Offer (terms of the agreement)
Acceptance (by the person to whom the offer was made), and
Consideration (bargained for exchange (e.g., money, property or services)).
Does the U.S. Constitution always override the State Constitution?
No, State Constitutions can create stronger rights than those provided by the U.S. Constitution
Do Federal Laws always override State Laws?
No, State Legislation may be stricter than national legislation. Federal law only override less strict state laws.
Who issues Regulations and Rules?
Regulations and Rules are issued by regulatory agencies (e.g., FTC and FCC) placing compliance expectations on industries
What AMENDMENTS to the United States Constitution have been interpreted to provide privacy protection?
3rd Amendment (Soldiers Quartered) 4th Amendment (Search and Seizure) 5th Amendment (Self-Incrimination) 14th Amendment (Due Process)
What is Jurisdiction?
The authority of a court to hear a particular case
What is the legal definition of “Person?”
Any entity with legal rights including:
Individuals (natural persons)
Corporations (legal person)
What is “Preemption?”
A superior government’s ability to have its laws supersede those of an inferior government
What is a “Private Right of Action?”
The ability of an individual harmed by a violation of a law to file a lawsuit against the violator