Legal Environment

What check-and-balance does the legislative branch hold over the executive branch?

• 1. Power of the purse

• 1. Veto power

• 1. Prosecutorial discretion

• 1. Judicial review

Answer explanation

The legislative branch holds two significant checks-and-balances on the executive branch. The first is the authority to allocate funds, known as the power of the purse. The second is the ability to remove executive branch officials from office through the impeachment process. Veto power and prosecutorial discretion are powers of the executive branch. Judicial review is a power of the judicial branch.

What portion of the U.S. Constitution defines the powers of the legislative branch of government?

• Article I

• Article II

• Article III

• Article IV

Answer explanation

The legislative branch powers are defined in Article I of the U.S. Constitution. Executive branch powers are defined in Article II of the U.S. Constitution. Judicial branch powers are defined in Article III of the U.S. Constitution

Which amendment to the U.S. Constitution explicitly grants individuals the right to privacy?

• First Amendment

• Fourth Amendment

• Fifth Amendment

• None of the above

Answer explanation

This is a tricky question. The Fourth Amendment has been interpreted to provide individuals with some privacy rights, but it does not explicitly establish a right to privacy. The word privacy appears nowhere in the text of the Constitution.

What source contains much of the administrative law created by the U.S. government?

• U.S. Code

• Bill of Rights

• Code of Federal Regulations

• U.S. Constitution

Answer explanation

Administrative law is commonly documented in the Code of Federal Regulations (CFR). The U.S. Code contains legislative law. The U.S. Constitution and its amendments (including the Bill of Rights) contain constitutional law

Which one of the following is the best description of the legal principle of stare decisis?

• Courts should be guided by precedent.

• Federal law overrules state law.

• Laws must be consistent with the constitution.

• Common law guides areas where legislation is unclear.

Answer explanation

Although all of these statements are accurate, only one describes the principle of stare decisis: that courts should be guided by precedent. Translated from the Latin, stare decisis means "let the decision stand."

In a contract between two organizations, the parties mutually agree that disputes will be settled in the courts of the state of New York. What type of jurisdiction does this language establish?

• Personal jurisdiction

• Geographic jurisdiction

• Subject matter jurisdiction

• Consensual jurisdiction

Answer explanation

There are two elements to a court's jurisdiction. Personal jurisdiction refers to a court's authority over the parties being sued. The contract language establishes the New York courts' personal jurisdiction. The second jurisdictional element is subject matter jurisdiction, which refers to a court's authority to hear cases on a particular area of the law.

Which one of the following entities would not normally be considered a person under the laws of the United States?

• A U.S. citizen

• A U.S. corporation

• A legal resident of the United States

• None of the above

Answer explanation

The legal definition of person may be a human being, a corporation, or another legal organization. U.S. citizens, legal residents, and corporations all fit within the legal definition of a person.

Which one of the following laws contains a private right of action?

• CCPA

• FERPA

• GLBA

• HIPAA

Answer explanation

Most federal privacy laws, including FERPA, GLBA, and HIPAA, do not contain a private right of action. The California Consumer Privacy Act (CCPA) does contain a private right of action.

During a negligence lawsuit, the court determined that the respondent was not at fault because the plaintiff did not present evidence that they suffered some form of harm. What element of negligence was missing from this case?

• Duty of care

• Breach of duty

• Causation

• Damages

Answer explanation

In order to prevail on a negligence claim, the plaintiff must establish that there were damages involved, meaning that they suffered some type of financial, physical, emotional, or reputational harm.

In a lawsuit against a political opponent, the plaintiff alleged that the respondent invaded their privacy by accessing their email account without permission. What tort is involved in this case?

• False light

• Appropriation

• Invasion of solitude

• Public disclosure of private facts

Answer explanation

The tort of invasion of solitude involves actions that constitute a physical or electronic intrusion into the private affairs of a person, such as breaking into their home or accessing their email account.