CIPP/US Practice Questions and
Answers
The U.S. Constitution establishes what three branches of government? - ANSWER-
Legislative, Executive, Judicial
What establishes the three branches of the U.S. Government? - ANSWER-The U.S.
Consitution
What is the purpose of the three-branch government design? - ANSWER-To provide a
separation of powers with a system of check and balances among the branches.
What similarities are found between state and federal government? - ANSWER-The
three branches are also often found at the state and often the local levels.
What is the legislative branch's make-up? - ANSWER-The legislative branch is made up
of elected representatives who write and pass laws. It includes the Congress (House
and Senate).
What does the legislative branch do? - ANSWER-Congress confirms presidential
appointees, and can override vetoes.
What are the duties of the executive branch? - ANSWER-The executive branch's duties
are to enforce and administer the law.
Who makes up the executive branch? - ANSWER-The President, Vice President,
cabinet, and federal agencies (such as the FTC).
What can the executive branch do? - ANSWER-President appoints federal judges. It
can veto laws passed by Congress.
What can the judicial branch do? - ANSWER-The Judicial branch determines whether
the laws are constitutional. It also interprets laws, the meaning of a law, and how it is
applied. It can also examine the intent behind a law's creation.
What is the judicial branch? - ANSWER-The Federal Courts.
What two parts make up the U.S. Congress? - ANSWER-The Senate and the House of
Representatives (legislative branch)
What can Congress do when enacting legislation? - ANSWER-Congress can delegate
the power to promulgate regulations to federal agencies (such as the FTC).
,What laws has Congress enacted involving the FTC? - ANSWER-Congress has
enacted several laws that give the U.S. Federal Trade Commission the authority to
issue regulations to implement the laws.
Does the executive branch include federal agencies that report directly to the
President? - ANSWER-Yes
What do federal agencies in the executive branch do? - ANSWER-They implement the
laws through rule making and enforce the laws through civil and criminal procedures.
What are the lowest courts called in the federal court system (judicial branch)? -
ANSWER-District Courts. These serve as federal trial courts.
Cases decided by a district court can be referred to what? - ANSWER-A federal
appellate court (also called a "circuit court").
What do federal circuit courts do? - ANSWER-They are not trial courts; they serve as
appeals courts for federal cases.
The federal appeals courts are divided into how many circuits? - ANSWER-12 regional
circuits; each district court is assigned to a appeals court which decides the appeals for
that circuit.
What are the other federal courts called? - ANSWER-Special courts include the U.S.
Court of Federal Claims and the U.S. Tax Court.
What is the top court in the judicial branch? - ANSWER-The U.S. Supreme Court.
What does the U.S. Supreme Court do? - ANSWER-Hears appeals from the circuit
courts and decides questions of federal law; also interprets the U.S. Constitution. May
also hear appeals from the highest state courts or function as a trial court in rare
instances.
In what circumstances do federal agencies wield power that is characteristic of all three
branches of government? - ANSWER-When they are given authority by Congress to
promulgate and enforce rules pursuant to law. This means they operate under statutes
that give them legislative power to issue rules, executive power to investigate and
enforce violations of rules/statutes, and judicial power to settle particular disputes.
What are the sources of law in the U.S.? - ANSWER-Federal and state constitutions,
legislation, case law (contracts and torts), and agency-issued regulations.
What is the supreme law in the U.S.? - ANSWER-The Constitution.
Who drafted the Constitution and when? - ANSWER-The Constitutional Convention
drafted the Constitution in 1787.
,True/False: The U.S. Constitution does not contain the word "Privacy". - ANSWER-
True.
Which parts of the Constitution directly affect privacy? - ANSWER-The Fourth
Amendment limits on government searches.
Which Supreme Court decisions affect privacy? - ANSWER-The S.C. has held that a
person has a right to privacy over personal issues such as contraception and abortion,
arising from more general protections of due process of law.
What are other sources of law affecting privacy? - ANSWER-State constitutions may
create stronger rights than are provided in the U.S. Constitution.
Which state expressly recognizes a right to privacy in its constitution? - ANSWER-
California.
What areas are regulated by laws enacted by federal Congress and state legislatures? -
ANSWER-applications of information (use of information for marketing or pre-
employment screening), certain industries (such as financial institutions or healthcare
providers), certain data elements (SSNs or driver's license info), or specific harms
(identity theft or children's online privacy)
How is law-making power distributed in the U.S.? - ANSWER-Law-making power is
shared between the national and state governments.
What does the U.S. Constitution say about laws under the Constitution? - ANSWER-It
states that the Constitution and the laws passed pursuant to it, is "the supreme law of
the land."
When do states have the power to make laws? - ANSWER-Where federal law does not
prevent it, states have the power to make law.
Which Amendment to the Constitution states "the 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."? - ANSWER-The Tenth Amendment to the Constitution.
What is one area of law where states may pass privacy/other laws with stricter
requirements than federal law? - ANSWER-HIPAA medical privacy rule.
In which areas do federal laws pre-empt state laws, preventing states from passing
stricter provisions? - ANSWER-Limits on commercial e-mails in the CAN-SPAM Act.
What is the CAN-SPAM Act? - ANSWER-Controlling the Assault of Non-Solicited
Pornography and Marketing Act.
, Aside from the ability to make and enforce laws and regs, what does the U.S. legal
system rely on? - ANSWER-"1. Legal precedent based on court decisions
2. Doctrines implicit in legal precedent - ANSWER-
3. Customs and uses of legal precedent" - ANSWER-
What are two key areas of the common law? - ANSWER-Contracts and torts.
What regulatory agencies are required by law to issue regulations and rules -
ANSWER-FTC (Federal Trade Commission) or the FCC (Federal Communications
Commission).
What do rules and regulations passed by regulatory agencies do? - ANSWER-These
rules and regulations place specific compliance expectations on the marketplace.
In what year was the CAN-SPAM Act passed? - ANSWER-2003
Which entity passed the CAN-SPAM Act? - ANSWER-U.S. Congress.
What does the CAN-SPAM Act require? - ANSWER-CAN-SPAM Act requires the
senders of commercial e-mail messages to offer an "opt-out" option to recipients of
those messages.
Which agencies enforce the CAN-SPAM Act? - ANSWER-FTC and FCC.
What does the CAN-SPAM Act allow the FTC and FCC to do? - ANSWER-It provides
the FTC and the FCC with the authority to issue regulations that set forth exactly how
the opt-out mechanism must be offered and managed.
What is case law? - ANSWER-Case law refers to the final decisions made by judges in
court cases.
How is case law utilized by the courts? - ANSWER-When similar issues arise in the
future, judges look to past decisions as precedents and decide the new case in a
manner consistent with past decisions.
What is common law? - ANSWER-Common law refers to legal principles that have
developed over time in judicial decisions (case law), often drawing on social customs
and expectations.
True/false: common law contrasts with law created by statute. - ANSWER-True.
What is stare decisis? - ANSWER-It refers to a following of past precedent; stare decisis
is a Latin term meaning "to let the decision stand."
Answers
The U.S. Constitution establishes what three branches of government? - ANSWER-
Legislative, Executive, Judicial
What establishes the three branches of the U.S. Government? - ANSWER-The U.S.
Consitution
What is the purpose of the three-branch government design? - ANSWER-To provide a
separation of powers with a system of check and balances among the branches.
What similarities are found between state and federal government? - ANSWER-The
three branches are also often found at the state and often the local levels.
What is the legislative branch's make-up? - ANSWER-The legislative branch is made up
of elected representatives who write and pass laws. It includes the Congress (House
and Senate).
What does the legislative branch do? - ANSWER-Congress confirms presidential
appointees, and can override vetoes.
What are the duties of the executive branch? - ANSWER-The executive branch's duties
are to enforce and administer the law.
Who makes up the executive branch? - ANSWER-The President, Vice President,
cabinet, and federal agencies (such as the FTC).
What can the executive branch do? - ANSWER-President appoints federal judges. It
can veto laws passed by Congress.
What can the judicial branch do? - ANSWER-The Judicial branch determines whether
the laws are constitutional. It also interprets laws, the meaning of a law, and how it is
applied. It can also examine the intent behind a law's creation.
What is the judicial branch? - ANSWER-The Federal Courts.
What two parts make up the U.S. Congress? - ANSWER-The Senate and the House of
Representatives (legislative branch)
What can Congress do when enacting legislation? - ANSWER-Congress can delegate
the power to promulgate regulations to federal agencies (such as the FTC).
,What laws has Congress enacted involving the FTC? - ANSWER-Congress has
enacted several laws that give the U.S. Federal Trade Commission the authority to
issue regulations to implement the laws.
Does the executive branch include federal agencies that report directly to the
President? - ANSWER-Yes
What do federal agencies in the executive branch do? - ANSWER-They implement the
laws through rule making and enforce the laws through civil and criminal procedures.
What are the lowest courts called in the federal court system (judicial branch)? -
ANSWER-District Courts. These serve as federal trial courts.
Cases decided by a district court can be referred to what? - ANSWER-A federal
appellate court (also called a "circuit court").
What do federal circuit courts do? - ANSWER-They are not trial courts; they serve as
appeals courts for federal cases.
The federal appeals courts are divided into how many circuits? - ANSWER-12 regional
circuits; each district court is assigned to a appeals court which decides the appeals for
that circuit.
What are the other federal courts called? - ANSWER-Special courts include the U.S.
Court of Federal Claims and the U.S. Tax Court.
What is the top court in the judicial branch? - ANSWER-The U.S. Supreme Court.
What does the U.S. Supreme Court do? - ANSWER-Hears appeals from the circuit
courts and decides questions of federal law; also interprets the U.S. Constitution. May
also hear appeals from the highest state courts or function as a trial court in rare
instances.
In what circumstances do federal agencies wield power that is characteristic of all three
branches of government? - ANSWER-When they are given authority by Congress to
promulgate and enforce rules pursuant to law. This means they operate under statutes
that give them legislative power to issue rules, executive power to investigate and
enforce violations of rules/statutes, and judicial power to settle particular disputes.
What are the sources of law in the U.S.? - ANSWER-Federal and state constitutions,
legislation, case law (contracts and torts), and agency-issued regulations.
What is the supreme law in the U.S.? - ANSWER-The Constitution.
Who drafted the Constitution and when? - ANSWER-The Constitutional Convention
drafted the Constitution in 1787.
,True/False: The U.S. Constitution does not contain the word "Privacy". - ANSWER-
True.
Which parts of the Constitution directly affect privacy? - ANSWER-The Fourth
Amendment limits on government searches.
Which Supreme Court decisions affect privacy? - ANSWER-The S.C. has held that a
person has a right to privacy over personal issues such as contraception and abortion,
arising from more general protections of due process of law.
What are other sources of law affecting privacy? - ANSWER-State constitutions may
create stronger rights than are provided in the U.S. Constitution.
Which state expressly recognizes a right to privacy in its constitution? - ANSWER-
California.
What areas are regulated by laws enacted by federal Congress and state legislatures? -
ANSWER-applications of information (use of information for marketing or pre-
employment screening), certain industries (such as financial institutions or healthcare
providers), certain data elements (SSNs or driver's license info), or specific harms
(identity theft or children's online privacy)
How is law-making power distributed in the U.S.? - ANSWER-Law-making power is
shared between the national and state governments.
What does the U.S. Constitution say about laws under the Constitution? - ANSWER-It
states that the Constitution and the laws passed pursuant to it, is "the supreme law of
the land."
When do states have the power to make laws? - ANSWER-Where federal law does not
prevent it, states have the power to make law.
Which Amendment to the Constitution states "the 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."? - ANSWER-The Tenth Amendment to the Constitution.
What is one area of law where states may pass privacy/other laws with stricter
requirements than federal law? - ANSWER-HIPAA medical privacy rule.
In which areas do federal laws pre-empt state laws, preventing states from passing
stricter provisions? - ANSWER-Limits on commercial e-mails in the CAN-SPAM Act.
What is the CAN-SPAM Act? - ANSWER-Controlling the Assault of Non-Solicited
Pornography and Marketing Act.
, Aside from the ability to make and enforce laws and regs, what does the U.S. legal
system rely on? - ANSWER-"1. Legal precedent based on court decisions
2. Doctrines implicit in legal precedent - ANSWER-
3. Customs and uses of legal precedent" - ANSWER-
What are two key areas of the common law? - ANSWER-Contracts and torts.
What regulatory agencies are required by law to issue regulations and rules -
ANSWER-FTC (Federal Trade Commission) or the FCC (Federal Communications
Commission).
What do rules and regulations passed by regulatory agencies do? - ANSWER-These
rules and regulations place specific compliance expectations on the marketplace.
In what year was the CAN-SPAM Act passed? - ANSWER-2003
Which entity passed the CAN-SPAM Act? - ANSWER-U.S. Congress.
What does the CAN-SPAM Act require? - ANSWER-CAN-SPAM Act requires the
senders of commercial e-mail messages to offer an "opt-out" option to recipients of
those messages.
Which agencies enforce the CAN-SPAM Act? - ANSWER-FTC and FCC.
What does the CAN-SPAM Act allow the FTC and FCC to do? - ANSWER-It provides
the FTC and the FCC with the authority to issue regulations that set forth exactly how
the opt-out mechanism must be offered and managed.
What is case law? - ANSWER-Case law refers to the final decisions made by judges in
court cases.
How is case law utilized by the courts? - ANSWER-When similar issues arise in the
future, judges look to past decisions as precedents and decide the new case in a
manner consistent with past decisions.
What is common law? - ANSWER-Common law refers to legal principles that have
developed over time in judicial decisions (case law), often drawing on social customs
and expectations.
True/false: common law contrasts with law created by statute. - ANSWER-True.
What is stare decisis? - ANSWER-It refers to a following of past precedent; stare decisis
is a Latin term meaning "to let the decision stand."
