Answer Key & All Appendixes--- Legal Issues in Information Sec - Joanna Lyn Grama-16

7/25/2019 Answer Key & All Appendixes--- Legal Issues in Information Sec - Joanna Lyn Grama-16

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Answer

Key APPENDIA

CHAPTER 1 Information

Security

Overview

1. C 2. E 3.

D 4. C 5.

A 6. Logical

control 7.

C 8. D 9.

A 10. E 11.D 12. B 13.

C 14. E 15.

A

CHAPTER 2 Privacy


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Overview

1. A 2. E 3.

C 4. A 5.D 6. D 7.

8 8. B 9.

A 10. B 11.

A 12. A

legitimate

business

reason 13.D 14. B 15.

C

CHAPTER 3 The

American

Legal System1. E 2. B 3.

A 4. D 5.

C 6. A 7.Stare

decisis 8.

D 9 E 10


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A 11.

Congress 12.

D 13. 9 14.

C 15. 94

CHAPTER 4 Security and

Privacy of

Consumer

Financial

Information

1. D 2. B 3.

A 4. B 5.

C 6. Social

engineering 7.

A 8. E 9.

National BankAct of

1864 10.

B 11. C 12.B 13. 12 14.

B 15. C


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Privacy of

InformationBelonging to

Children and

EducationalRecords

1. B 2. A 3.

B 4. 13 5.

D 6. B 7.

CIPA 8.

Technicalprotection

measure

(TPM) 9.B 10. A 11.

C 12. A 13.

B 14. B 15.

A



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Privacy of

Health

Information1. Reasonable

and

appropriate 2.D 3. 60 4.

12 5. D 6.

An organization

that performs a

health care

activity on

behalf of acovered

entity 7. C 8.

B 9. 30 10.D 11. A 12.

B 13. C 14.

E 15.

Unsecured

CHAPTER 7 Corporate


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Information

Security and

PrivacyRegulation

1. A 2. A 3.

To protectshareholders

and investors

from financial

fraud. SOX

also was

designed to

restore investorfaith in

American stock

markets. 4.C 5. E 6.

Internal

controls are the

processes and

procedures that

a company uses


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to provide

reasonable

assurance that

its financial

reports are

reliable. 7.

D 8. C 9.B 10. C 11.

B 12. D 13.

Providesmanagement

with reasonable

assurance that:

1) financialreports,

records, and

data areaccurately

maintained; 2)

transactions are

prepared

according to

GAAP rules


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and are

properly

recorded; and

3) unauthorized

acquisition or

use of data or

assets thatcould affect

financial

statements willbe prevented or

detected in a

timely

manner. 14.C 15. B

CHAPTER 8 FederalGovernment

Information

Security andPrivacy

Regulations


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1. A 2. A

government

agency must

state what

information is

to be collected;

why theinformation is

being collected;

the intended useof the

information;

how the agency

will share theinformation;

whether people

have theopportunity to

consent to

specific uses of

the information;

how the

information


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will be

secured; and

whether the

information

collected will

be a system of

records asdefined by the

Privacy Act of

1974. 3. C 4.B 5. E 6. US-

CERT 7.

B 8. D 9.

CyberScope 1B 11. A 12.

B 13. B 14.

E 15. D

CHAPTER 9 State Laws

ProtectingCitizen

Information


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and Breach

Notification

Laws1. A 2.

2003 3. D 4.

A legal conceptthat protects an

entity from

liability if it

follows the

law 5. B 6.

D 7. C 8. A

person must beable to easily

understand

it 9. E 10.C 11. D 12.

A legal concept

that describes a

persons right

to sue another

for harm that


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the latter

caused 13.

A 14. D 15.

B

CHAPTER 10 Intellectual

Property Law

1. E 2. A legal

concept that

means that

people can be

held

responsible fortheir actions

even if they

didnt intend tocause harm to

another

person. 3.

B 4. 20 5.

E 6. C 7. A

person or


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business must

use the

trademark in

interstate

commerce, and

the trademark

must bedistinctive 8.

A 9. C 10.

A 11. C 12.A 13. Its

important to

know the

ownership of acopyrighted

work in order

to determine thelength of

copyright

protection. 14.

E 15. B

CHAPTER 11 The Role of


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Contracts

1. C 2. An

agreementwhere the

complete terms

of the

agreement are

presented on a

computer

screen, usuallyin the form of a

pop-up

window. A usermust take an

affirmative

action to accept

the terms of the

agreement. 3.

B 4. A 5.

B 6. D 7.Legal relief

granted by a

court 8 C 9


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A 10. Loss of

control of data,

loss of privacy

of data, third-

party

dependency for

criticalinfrastructure,

potential

security andtechnology

defects, lack of

control over

third parties,loss of an

entitys own

competence inIT

infrastructure

security. 11.

E 12. B 13.

B 14.

Enforceable 1


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D

CHAPTER 12 Criminal Lawand Tort Law

Issues in

Cyberspace1. B 2. Crimes

are

wrongdoingsagainst

society. 3.

A 4. E 5.

C 6. The Sixth

Amendment to

the U.S.

Constitution 7.B 8. E 9.

A 10. Extreme

andoutrageous 11.

A 12. C 13.

D 14. Libel


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and

slander 15. E

CHAPTER 13 Information

Security

Governance

1. A 2.

Executive

managementproviding

strategic

direction,

oversight, andaccountability

for an

organizationsdata and IT

resources. 3.

D 4. E 5.

Middle

management

providing day-


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to-day guidance

and oversight

for an

organizations

information and

information

resources. 6.A 7. A list of

mandatory

activities thatmust be

completed to

achieve an

informationsecurity

goal 8. A 9.

B 10. D 11.A checklist of

actions that

should be

performed to

achieve a

certain


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goal 12.

C 13. A 14.

E 15. B

CHAPTER 14 Risk

Analysis,

Incident

Response, and

Contingency

Planning

1. B 2. E 3.

A riskassessment

identifies the

threats and

vulnerabilitiesto IT

resources. 4.

D 5. A 6.Exposure

factor 7. The

annualized loss


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expectancy

(ALE) is the

amount of loss

that an

organization

can expect to

have each yeardue to a

particular risk.

ALE is oftenexpressed as

the equation:

ALE = SLE

ARO. SLE issingle loss

expectancy.

ARO is annualrate of

occurrence. 8.

C 9. A 10.

D 11. C 12.

Incident 13.

Disaster 14.


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A 15. A

CHAPTER 15 ComputerForensics and

Investigations

1. B 2. D 3.C 4. The

Electronic

CommunicationPrivacy Act;

the Wiretap

Act; the Pen

Register andTrap and Trace

Statute. 5.

Computerforensics also

is known as

system

forensics,

digital

forensics,


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computer

forensic

analysis,

computer

examination,

data recovery,

and inforensics(information

forensics).

These terms areused

interchangeably.

B 7. E 8.

Three 9.C 10. B 11.

A 12. Data

stored in thememory of an

electronic

device. Volatile

data is lost

when the

electronic


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device is turned

off. 13. C 14.

B 15. Bit-by-

bit copy


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Standard

Acronyms APPENB

ACD automatic call distributor

AES Advanced Encryption Standard

ALE annual loss expectancy

ANSIAmerican National Standards

InstituteAO authorizing official

AP access point

APIapplication programming

interface

APT advanced persistent threat

ARO annual rate of occurrence

ATM asynchronous transfer mode


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AUP acceptable use policy

AV antivirus

B2B business to business

B2C business to consumer

BBB Better Business Bureau

BC business continuity

BCP business continuity plan

BGP4 Border Gateway Protocol 4 forIPv4

BIA business impact analysis

BYOD Bring Your Own Device

C2C consumer to consumer

CA certificate authority

CAC common access card

CAN computer network attack

CAN-

SPAM

Controlling the Assault of Non-Solicited Pornography and

Marketing Act

Certification and Accreditation


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CAP Professional

CAUCECoalition Against Unsolicited

Commercial EmailCBA cost-benefit analysis

CBF critical business function

CBK common body of knowledge

CCC CERT Coordination Center

CCNA Cisco Certified NetworkAssociate

CDR call-detail recording

CERT Computer EmergencyResponse Team

CFE Certified Fraud Examiner

C-I-A confidentiality, integrity,availability

CIPAChildrens Internet Protection

ActCIR committed information rate

CIRTcomputer incident response


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teams

CISACertified Information Systems

Auditor

CISMCertified Information Security

Manager

CISSP Certified Information SystemSecurity Professional

CMIPcommon management

information protocol

CMMIcapability maturity model

integration

CND computer network defense

CNE computer network exploitation

COPPAChildrens Online Privacy

Protection ActCOS class of service

CRC cyclic redundancy check

CSA Cloud Security Alliance

CSFs critical success factors

CSI Computer Security Institute


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CSP cloud service provider

CTIComputer Telephony

Integration

CVEcommon vulnerabilities and

exposures

DAC discretionary access control

DBMS database management system

DCS distributed control system

DDoS distributed denial of service

DEP data execution prevention

DES Data Encryption Standard

DHCPv6Dynamic Host Configuration

Protocol v6 for IPv6

DHS Department of HomelandSecurity

DIA Defense Intelligence Agency

DISA direct inward system access

DMZ demilitarized zone

domain name service OR


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DNS domain name system

DOD Department of Defense

DoS denial of service

DPI deep packet inspection

DR disaster recovery

DRP disaster recovery plan

DSL digital subscriber line

DSS Digital Signature Standard

DSU data service unit

EDI Electronic Data InterchangeEIDE Enhanced IDE

ELINT electronic intelligence

EPHIelectronic protected health

information

EULA End-User License Agreement

FACTAFair and Accurate Credit

Transactions Act

FAR false acceptance rate


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FCCFederal Communications

Commission

FDIC Federal Deposit InsuranceCorporation

FEP front-end processor

FERPA Family Educational Rights andPrivacy Act

FIPSFederal Information Processing

Standard

FISMAFederal Information Security

Management Act

FRCP Federal Rules of CivilProcedure

FRR false rejection rate

FTC Federal Trade Commission

FTP file transfer protocol

GAAPgenerally accepted accounting

principles

GIACGlobal Information Assurance

Certification


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GigE Gigibit Ethernet LAN

GLBA Gramm-Leach-Bliley Act

HIDShost-based intrusion detection

system

HIPAAHealth Insurance Portability

and Accountability Act

HIPShost-based intrusion prevention

system

HTML hypertext markup language

HTTP hypertext transfer protocol

HTTPS hypertext transport protocolsecure

HUMINT human intelligence

IaaS Infrastructure as a Service

IAB Internet Activities Board

ICMP

Internet Control Message

Protocol

IDEAInternational Data Encryption

Algorithm


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IDPSintrusion detection and

prevention

IDS intrusion detection system

IEEEInstitute of Electrical and

Electronics Engineers

IETF Internet Engineering TaskForce

IGP interior gateway protocol

IMINT imagery intelligence

InfoSec information security

IP

intellectual property OR

Internet protocol

IPS intrusion prevention system

IPSec Internet Protocol Security

IPv4 Internet Protocol version 4

IPv6 Internet Protocol version 6

IS-IS intermediate system-to-intermediate system

International Information


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(ISC)2 System Security Certification

Consortium

ISO International Organization forStandardization

ISP Internet service provider

ISS Internet security systems

ITLinformation technology

infrastructure library

ITRC Identity Theft Resource Center

IVR interactive voice response

L2TP Layer 2 Tunneling Protocol

LAN local area network

MAC mandatory access control

MAN metropolitan area network

MAO maximum acceptable outage

MASINT

measurement and signals

intelligence

MD5 Message Digest 5

modem modulator demodulator


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MP-BGPMultiprotocol Border Gateway

Protocol for IPv6

MPLS multiprotocol label switching

MSTI Multiple spanning tree instance

MSTP Multiple Spanning TreeProtocol

NAC network access control

NAT network address translation

NFICNational Fraud Information

Center

NIC network interface card

NIDSnetwork intrusion detection

system

NIPS network intrusion preventionsystem

NISTNational Institute of Standards

and Technology

NMS network management system

NOC network operations center


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NSA National Security Agency

NVD national vulnerability database

OPSEC operations security

OS operating system

OSI open system interconnection

OSINT open source intelligence

OSPFv2Open Shortest Path First v2

for IPv4

OSPFv3Open Shortest Path First v3

for IPv6

PaaS Platform as a Service

PBX private branch exchange

PCI Payment Card Industry

PCI DSSPayment Card Industry Data

Security Standard

PGP Pretty Good Privacy

PIIpersonally identifiable

information


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PIN personal identification number

PKI public key infrastructure

PLC programmable logic controller

POAM plan of action and milestones

PoE power over EthernetPOS point-of-sale

PPTPPoint-to-Point Tunneling

Protocol

PSYOPs psychological operations

RAIDredundant array of

independent disks

RAregistration authority OR risk

assessment

RAT remote access Trojan ORremote access tool

RFC Request for Comments

RIPngRouting Information Protocol

next generation for IPv6

Routing Information Protocol


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RIPv2 v2 for IPv4

ROI return on investment

RPO recovery point objective

RSARivest, Shamir, and Adleman

(algorithm)

RSTP Rapid Spanning Tree Protocol

RTO recovery time objective

SA security association

SaaS Software as a Service

SAN storage area network

SANCPSecurity Analyst Network

Connection Profiler

SANSSysAdmin, Audit, Network,

Security

SAP service access point

SCADA supervisory control and dataacquisition

SCSIsmall computer system

interface


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SDSLsymmetric digital subscriber

line

SET secure electronic transaction

SGC server-gated cryptography

SHA secure hash algorithm

S-HTTP secure HTTP

SIEMSecurity Information and

Event Management systemSIGINT signals intelligence

SIP Session Initiation Protocol

SLA service level agreement

SLE single loss expectancy

SMFAspecific management

functional area

SNMPsimple network management

protocol

SOXSarbanes-Oxley Act of 2002

(also Sarbox)

SPOF single point of failure


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SQL structured query language

SSA Social Security Administration

SSCP Systems Security CertifiedPractitioner

SSIDservice set identifier (name

assigned to a WiFi network)

SSL Secure Sockets Layer

SSL-VPNSecure Sockets Layer virtual

private network

SSO single system sign-on

STP

shielded twisted pair OR

Spanning Tree Protocol

TCP/IPTransmission Control

Protocol/Internet Protocol

TCSECTrusted Computer System

Evaluation Criteria

TFA Two-factor authentication

TFTP Trivial File Transfer Protocol

TGAR trunk group access restriction


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TNI Trusted Network Interpretation

TPMtechnology protection measure

OR trusted platform module

UC unified communications

UDP User Datagram Protocol

UPS uninterruptible power supply

USB universal serial bus

UTP unshielded twisted pair

VA vulnerability assessment

VBAC view-based access control

VLAN virtual local area network

VoIP Voice over Internet Protocol

VPN virtual private network

W3C World Wide Web Consortium

WAN wide area network

WAP wireless access point

WEP wired equivalent privacy


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Wi-Fi wireless fidelity

WLAN wireless local area network

WNIC wireless network interface card

WPA Wi-Fi Protected Access

WPA2 Wi-Fi Protected Access 2

XML extensible markup language

XSS cross-site scripting


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Law and

CaseCitations

APPEND

C

U.S. Federal Laws

Administrative Procedure Act (1946),

Pub. L. No. 79-404, codified as U.S.

Code Vol. 5, sec. 500596 (2012).Affordable Care Act of 2010 (ACA),

Pub. L. 111148, 124 Stat. 119,

codified as amended at scatteredsections of the Internal Revenue

Code and in U.S. Code Vol. 42

(2012.)

Anti-Cybersquatting Consumer

Protection Act (1999), Pub. L. No.

106-113, codified as U.S. Code Vol.


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15, sec. 1125(d) (2012).

American Inventors Protection Act

(1999), Pub. L. No. 106-113, 113

Stat. 1501 (1999).

American Recovery and Reinvestment

Act (2009), Pub. L. No. 111-5, 123

Stat. 115 (2009).

Banking Act of 1933 (also called the

Glass-Stegall Act), Pub. L. No. 73-

66, 48 Stat. 162, codified asamended throughout U.S. Code Vol.

12 (2012).

Banking Act of 1935, Pub. L. No. 74-305, 49 Stat. 684, codified as

amended throughout U.S. Code Vol.

12 (2012).Bank Holding Act (1956), Pub. L. No.

84-511, 70 Stat. 133, U.S. Code Vol.

12 sec. 1841 et seq. (2012).

Bank Secrecy Act (1970), Pub. L. No.

91-508, 84 Stat. 1114 to 1124,

codified as amended in scattered


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sections throughout U.S. Code Vols.

12, 15, and 31 (2012).

Cable Communications Policy Act of

1984 (CCPA), Pub. L. No. 98-549,

codified at U.S. Code Vol. 47 sec.

551 (2012).

Census Confidentiality Rules, U.S.

Code Vol. 13, sec. 9 (2012).

Childrens Internet Protection Act

(2000) Pub. L. No. 106-554, 114Stat. 2763A-335, codified in

scattered sections of U.S. Code

(2012).Childrens Online Privacy Protection

Act of 1998 (COPPA), U.S. Code

Vol. 15, sec. 6501 (2012).Civil Rights Act of 1964, Pub. L. No.

88-352, 78 Stat. 241, codified as

amended in scattered sections

throughout U.S. Code Vols. 2, 28,

and 42 (2012).

Communications Decency Act of 1996,


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(CDA), Pub. L. No. 104-104 (Tit.

V), 110 Stat. 133, codified at U.S.

Code Vol. 47, sec. 223, 230 (2012).

Computer Fraud and Abuse Act

(1986), Pub. L. No. 99-474, 100

Stat. 1213, codified at U.S. Code

Vol. 18, sec. 1030 (2012).

Computer Security Act of 1987, Pub.

L. No. 100-235, 101 Stat. 1724,

codified at U.S. Code Vol. 40, sec.1441 (2012).

Consolidated Omnibus Budget

Reconciliation Act (1986), Pub. L.No. 99-272, 100 Stat. 82 (1986).

Controlling the Assault of Non-

Solicited Pornography andMarketing Act (CAN-SPAM Act),

Pub. L. No. 108-187, 117 Stat.

2699, codified at U.S. Code Vol. 15,

sec. 7701 et seq., U.S. Code Vol. 18,sec. 1037 (2012).

Copyright Act (1976), U.S. Code Vol.


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17, sec. 101 et seq. (2012).

Digital Millennium Copyright Act

(1998), Pub. L. No. 105-304, 112

Stat. 2860, codified in scattered

sections of U.S. Code Vol. 17

(2012).

Drivers Privacy Protection Act of

1994, U.S. Code Vol. 18, sec. 2721

(2012).

Drug Abuse Prevention, Treatment, andRehabilitation Act (1980), U.S.

Code Vol. 21, sec. 1175 (2012).

E-Government Act of 2002, Pub. L.No. 107-347, 116 Stat. 2899,

codified in scattered sections

throughout U.S. Code Vol. 44(various sections) (2012).

Electronic Communications Privacy

Act of 1986 (ECPA), Pub. L. No.

99-508, 100 Stat. 1848, codified at

U.S. Code Vol. 18, sec. 2701

(2012).


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Electronic Signatures in Global and

National Commerce Act of 2000 (E-

Sign), Pub. L. No. 106-229, codified

at U.S. Code Vol. 15, sec. 7001 et

seq. (2012).

Fair and Accurate Credit Transaction

Act of 2003 (FACTA), Pub L. 108-159, 117 Stat. 1952, made

amendments to the Fair Credit

Reporting Act of 1970.Fair Credit Reporting Act (1970), U.S.

Code Vol. 15, sec. 1681 et seq.

(2012).Family Educational Rights and Privacy

Act of 1974 (FERPA), U. S. Code

Vol. 20, sec. 1232g (2012).

Federal Credit Union Act (1934), U.S.

Code Vol. 12, sec. 1751 et seq.

(2012).

Federal Information Security

Management Act of 2002 (FISMA),

Title III of the E-Government Act of


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2002, U.S. Code Vol. 44, sec. 3541

et seq. (2012).

Federal Reserve Act (1913), Pub. L.

No 63-43, 38 Stat. 251, codified as

amended throughout U.S. Code Vol.

12 (2012).

Federal Trade Commission Act

(1914), U.S. Code Vol. 15, sec. 41-

58 (2012).

Financial Institutions Regulatory andInterest Rate Control Act (1978),

Pub. L. No. 95-630, 92 Stat. 3641,

codified as amended in scatteredsections of U.S. Code (2012).

Financial Institutions Reform,

Recovery, and Enforcement Act(1989), Pub. L. No. 101-73, 103

Stat. 183, codified as amended in

scattered sections of U.S. Code

(2012).

Financial Services Regulatory Relief

Act (2006), Pub. L. No. 109-351,


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120 Stat. 1966 (2012).

Freedom of Information Act, U.S.

Code Vol. 5, sec. 552 (2012).

Genetic Information Nondiscrimination

Act of 2008 (GINA), Pub. L. No.

110-233, 122 Stat. 881 (2008).

Gramm-Leach-Bliley Act (1999), Title

V of the Financial Services

Modernization Act of 1999, Pub. L.

No. 106-102, 113 Stat. 1338,codified at U.S. Code Vol. 15, sec.

6801, et seq. (2012).

Health Insurance Portability andAccountability Act of 1996

(HIPAA), Pub. L. No. 104-191,

codified at U.S. Code Vol. 42, sec.1320d (2012).

Health Information Technology for

Economic and Clinical Health Act

of 2009 (HITECH Act), Pub. L. No.

111-5, 123 Stat. 226, codified at

U.S. Code Vol. 42, sec 300jj et seq.,


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and sec. 17901 et seq. (2012).

Identity Theft and Assumption

Deterrence Act (1998), U.S. Code

Vol. 18, sec. 1028 (2012).

Inspector General Act of 1978, U.S.

Code Vol. 5 app, sec. 1 (2012).

Lanham Act (1946), U.S. Code Vol. 15,

sec. 1051 et seq. (2012).

Leahy-Smith America Invents Act

(2011), Pub. L. No. 112-29, 125

Stat. 284 (2011).

Mail Privacy Statute, U.S. Code Vol.

39, sec. 3623 (2012).National Bank Act (1864), 13 Stat. 99

(1864), current version at U.S. Code

Vol. 12 sec. 21-216b (2012).Patent Act (1952), U.S. Code Vol. 35,

sec. 1-376 (2012).

Pen Register and Trap and TraceStatute, U.S. Code Vol. 18, sec.

3121 et seq(2012).

Plant Variety Protection Act (1970)


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U.S. Code Vol. 7, sec. 2421, 2422,

2541 (2012).

Privacy Act of 1974, Pub. L. No. 93-

579, 88 Stat. 1896, codified at U.S.

Code Vol. 5, sec. 552a (2012).

Public Company Accounting Reform

and Investor Protection Act (2002),

also called Sarbanes-Oxley Act

(2002), Pub. L. No. 107-204, 116

Stat. 745, codified as amended inscattered sections of U.S. Code Vol.

15 (2012).

Securities and Exchange Act of 1934,U.S. Code, Vol. 15, sec 78a et seq.

(2006).

Uniting and Strengthening America byProviding Appropriate Tools

Required to Intercept and Obstruct

Terrorism Act of 2001 (PATRIOT

Act), Pub. L. No. 107-56, 115 Stat.272 (Oct. 26, 2001), codified at

various sections of the U.S. Code


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(2012).

Veterans Affairs Information Security

Act, Title IX of the Veterans

Benefits, Health Care, and

Information Technology Act (2006),

U.S. Code Vol. 38, sec. 5722 et seq.

(2012).

Wiretap statutes, U.S. Code Vol.18,

sec. 2510; U.S. Code Vol. 47, sec.

605 (2012).(U.S. regulations and state laws are

cited in the text and endnotes of each

chapter.)

Court RulesU.S. Supreme Court,Federal Rules of

Civil Procedure,

http://www.uscourts.gov/uscourts/ru

procedure.pdf(accessed November

10, 2013).
http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf


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U.S. Supreme Court,Federal Rules of

Criminal Procedure,

http://www.uscourts.gov/uscourts/ru

procedure.pdf(accessed November

10, 2013).

U.S. Supreme Court,Federal Rules of

Evidence,http://www.uscourts.gov/uscourts/ru

(accessed November 10, 2013).

Indiana Supreme Court,Indiana Rulesof Trial Procedure,

http://www.in.gov/judiciary/rules/tri

(accessed November 13, 2013).

Court Cases

utoliv ASP, Inc. v. Department of

Workforce Services, 29 P.3d 7 (Utah

Ct. Appeals, 2001).

Utah Court of Appeals held that the

transmission of sexually explicit and
http://www.in.gov/judiciary/rules/trial_proc/index.htmlhttp://www.uscourts.gov/uscourts/rules/rulesevidence.pdfhttp://www.uscourts.gov/uscourts/rules/criminal-procedure.pdf


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offensive jokes, pictures, and videos

constitutes a flagrant violation of a

universal standard of behavior.

altimore & Ohio Railroad Co. v.

United States, 261 U.S. 592 (1923).

The U.S. Supreme Court held that

mutual assent can be determined

from the conduct of the parties, even

if theres no express, written

contract.ill Graham Archives v. Dorling

Kindersley Ltd., 448 F.3d 605 (2d

Cir. 2006).The Second Circuit Court of

Appeals held that reduced versions

of copyrighted posters used in anillustrated book were fair use.

rady v. Maryland, 373 U.S. 83

(1963).


the prosecution has a duty to

disclose any evidence that it has that


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might help prove the defendants

innocence.

rown v. Board of Education, 347

U.S. 483 (1954).

The U.S. Supreme Court overruled

Plessy v. Ferguson. It held that

separate but equal practices are

inherently unequal and violate the

U.S. Constitution.

urnet v. Coronado Oil & Gas Co.,285 U.S. 393 (1932).

The U.S. Supreme Court recognizes

the value of precedent in decidingcases.

Carlill v. Carbolic Smoke Ball

Company, 1 QB 256; Court ofAppeal (1892).

English court case that held that an

advertisement could constitute a

valid offer.

City of Ontario v. Quon, 130 S.Ct.

2619 (2010).


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reviewing a police officers text

messages didnt violate federal law

and the police officers privacy

rights because the review wasnt

intrusive and was for a legitimate

business purpose.CompuServe, Inc. v. Cyber

Promotions, Inc., 962 F.Supp. 1015

(S.D. Ohio 1997).The first court case holding that

spammers could be liable for the

tort of trespass to chattels.Claridge v. RockYou, Inc., United

States District Court Northern

District of California, C 09 6032 BZ

(2009).

An Indiana man sued RockYou. The

lawsuit claims that RockYou stored

personal data in an unencrypteddatabase and failed to take

reasonable steps to secure that


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personal information.

aubert v. Merrell Dow

Pharmaceuticals, Inc., 509 U.S.

579 (1993).

The U.S. Supreme Court case that

set forth the test for admitting

scientific expert witness testimony.

eal v. Spears, 980 F.2d. 1153 (8th

Cir. 1992).

Eighth Circuit Court of Appeals

found that a recorder purchased at a

consumer electronics store and

connected to an extension phone linedidnt qualify as ordinary telephone

equipment.

iamond v. Chakrabarty, 447 U.S.303 (1980).


patentable subject matter is

anything under the sun that is made

by man.

isher v. United States, 425 U.S. 391


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(1976).


the Fifth Amendment protects

communications that are compelled,

testimonial, and incriminating in

nature.

ree Enterprise Fund and Beckstead

and Watts v. Public Company

Accounting Oversight Board, 537

F.3d 667 (Fed. Cir, 2008).Court case challenging the

constitutionality of the Public

Company Accounting OversightBoard. The case was on appeal to

the U.S. Supreme Court at the time

this book was written.

Gideon v. Wainwright, 372 U.S. 335

(1963).

The U.S. Supreme Court held that a

state must appoint counsel to an

indigent defendant who has been

charged with a felony. Denial of the


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Sixth Amendment right to counsel at

trial results in an automatic reversal

of any conviction.

Giglio v. United States, 405 U.S. 150

(1972).


the prosecution has a duty to

disclose to the defendant any deals

that it makes with witnesses.

Griswold v. Connecticut, 381 U.S. 479(1965).

First U.S. Supreme Court decision

to articulate a Constitutional right toprivacy.

ammer v.Amazon.com, 392 F. Supp.

2d 423 (E.D.N.Y 2005).The District Court for the Eastern

District of New York held that a

defamatory statement is more than

mere opinion.

artford v. Moore, 181 F. 132

(S.D.N.Y. 1910).
http://amazon.com/


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The District Court for the Southern

District of New York recognized

that an invention that seems obvious

after its created may actually meet

the non-obvious requirement for

patentability.

n re Boucher, 2009 WL 424718 (D.Vt., February 19, 2009).

The District Court for the District of

Vermont held that its not a violationof the Fifth Amendment to require a

defendant to provide an unencrypted

version of his hard drive.ntel Corp v. Hamidi, 71 P.3d 296 (Ca.

2003).

The California Supreme Court heldthat the plaintiff didnt sustain any

damages in a trespass to chattels

spam case. As such, the plaintiff

could not recover damages.

acobellis v. Ohio, 378 U.S. 184

(1964).


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The U.S. Supreme Court stated that

the First Amendment doesnt protect

pornography or obscenity. The

famous line, I know it when I see

it, is from the majority decision in

this case.

ones v. Hamilton, Alabama Court ofCivil Appeals, Opinion, January 22,

2010, available at

http://www.tradesecretsnoncompetel(accessed March 31, 2010).

The Alabama Court of Appeals held

that information left in the back seatof a vehicle that was accessible to

many employees was not properly

protected as a trade secret.

atz v. United States, 389 U.S. 347

(1967).


the Fourth Amendment of the U.S.Constitution protects a persons righ

to privacy.
http://www.tradesecretsnoncompetelaw.com/uploads/file/Jones%20v%20Hamilton%20decision.pdf


62/195

amle v. Mattel, Inc., 394 F.3d 1355

(Fed. Cir. 2005).

The Federal Circuit Court of

Appeals held that an e-mail

outlining contract terms is a signed

writing under the California Statute

of Frauds.

eonard v. Pepsico, Inc., 88 F.Supp.2d

116 (S.D.N.Y. 1999), affd 210 F.3d

88 (2d Cir. 2000).Second Circuit Court of Appeals

case that held an advertisement was

a valid contractual offer only if areasonable person considered it to

be an offer.

ajor v. McCallister, Missouri Courtof Appeals, No. CD29871

(December 23, 2009).

The Missouri Court of Appeals held

that a browsewrap contract was

enforceable where the user was put

on notice in many ways that the


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terms of the contract applied to the

service provided on a Web site.

iller v. California, 413 U.S. 15

(1973).

The U.S. Supreme Court created a

three-part test for identifying

materials as obscene.

ardone v. United States, 308 U.S.

338 (1939).

The U.S. Supreme Court first uses

the term fruit of the poisonous tree

to describe evidence that is

inadmissible at court because itscollected illegally.

ASA vs. Nelson, 131 S.Ct. 746

(2011).The U.S. Supreme Court held that

background checks on contract

NASA employees do not violate any

constitutional right to information

privacy.

Owasso Independent School District


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No. I-011 v. Falvo, 534 U.S. 426

(2002).


the practice of peer grading doesnt

violate the Family Educational

Rights and Privacy Act (FERPA).

alsgraf v. Long Island Railroad, 162

NE 99 (N.Y. 1928).

The New York Court of Appeals

held that theres no duty to anunforeseen plaintiff for

unforeseeable injuries.

avesich v. New England Life Ins.Co., 50 S.E. 68 (Ga. 1905).

First state case to specifically

recognize a right to privacy in astate constitution.

emberton v. Bethlehem Steel Corp.,

502 A.2d 1101 (Md. App.), cert.

denied, 508 A.2d 488 (Md.), cert.

denied, 107 S.Ct. 571 (1986).

Maryland Court of Appeals held that


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the publication of a mug shot isnt a

privacy violation because the

photograph is part of the public

record.

eople v. Weaver, 12 N.Y.3d 433 (N.Y.

2009).

New Yorks highest court held that

police officers need a warrant in

order to place a tracking device on a

suspects car.lessy v. Ferguson, 163 U.S. 537

(1896).

The U.S. Supreme Court legalizedracial, separate but equal,

segregation practices. The Court

stated that these practices didntviolate the U.S. Constitution.

roCD Inc. v. Zeidenberg, 86 F.3d

1447 (1996).

The Seventh Circuit Court of

Appeals upheld a shrinkwrap

contract where users had the


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opportunity to return software for a

full refund if they didnt agree to the

terms in the contract.

egister.com, Inc. v. Verio, Inc., 356

F.3d 393, 403 (2d Cir. 2004).

The Second Circuit Court of

Appeals has said recognized that e-

commerce hasnt changed the

fundamental principles of contract

law.eno v. American Civil Liberties

Union, 521 U.S. 844 (1997).

The U.S. Supreme Court said thatthe principle of freedom of speech

applies to the Internet.

obinson v. California, 370 U.S. 660(1962).

The U.S. Supreme Court said that a

state statute could not criminalize

the status of being an addict.

Criminal behavior is evidenced by a

specific action, not status.
http://register.com/


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Schifano v. Greene County Greyhound

Park, Inc., 624 So.2d 178 (Ala.

1993).

Alabama Supreme Court case held

that people cant state a claim for

false light when they are in a public

place.

Silverthorne Lumber Co. v. United

States, 251 U.S. 385 (1920).

The U.S. Supreme Court firstarticulated a doctrine that says that

evidence is inadmissible at court if

its illegally collected.Smith v. Maryland, 422 U.S. 735

(1979).

The U.S. Supreme Court found thattheres no right of privacy in the

routing information of electronic

communications.

Specht v. Netscape Communications

Corporation, 306 F.3d 17 (2002).



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Appeals didnt enforce terms of a

browsewrap contract whose terms

were located on a submerged Web

page.

State Rubbish Collectors Association

v. Siliznoff, 240 P.2d. 282 (Ca.

1952).

Landmark case that recognized a

cause of action for intentional

infliction of emotional distress.State v. Smith, Slip Opinion No. 2009-

Ohio-6426 (Oh. 2009).

The Supreme Court of Ohio foundthat individuals have a reasonable

expectation of privacy in their cell

phones.State v. Sveum, 769 N.W.2d 53 (Wis.

Ct. App. 2009).

Wisconsin Court of Appeals held

that police didnt need a warrant to

attach a tracking unit to a suspects

car.


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Strassheim v. Daily, 221 U.S. 280

(1911).

The U.S. Supreme Court used the

detrimental effects test to determine

if a state could exercise criminal

jurisdiction over a person that

committed acts outside of the state.

Strunk v. United States, 412 U.S. 434

(1973).

The U.S. Supreme Court held that acriminal charge must be dismissed i

the defendants speedy trial rights

are violated.Toys R Us v. Akkaoui, 40

U.S.P.Q.2d (BNA) 1836 (N.D. Cal.

Oct. 29, 1996).The District Court for the Northern

District of California ordered an

adult website to stop using its

domain name because it cast a

famous trademark in an unflattering

light.


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United States v. Al-Marri, 230 F. Supp

2d 535, 541 (S.D.N.Y. 2002).

The District Court for the Southern

District of New York held that

people have a reasonable

expectation of privacy in data stored

on personal pagers.

United States v. American Library

Association, 539 U.S. 194 (2003).

The U.S. Supreme Court upheld theconstitutionality of the Childrens

Internet Protection Act (CIPA).

United States v. Barrows, 481 F.3d1246 (10th Cir. 2007).

Tenth Circuit Court of Appeals held

that an employee didnt have areasonable expectation of privacy in

his personal computer when he took

no steps to protect his computer.

United States v. Drew, 259 F.R.D. 449

(C.D. Cal. 2009).

The U.S. District Court for the


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Central District of California held

that a cyberbullying conviction

under the Computer Fraud and

Abuse Act was not valid.

United States v. Heckenkamp, 482

F.3d 1142, 1146 (9th Cir. 2007).

The Ninth Circuit Court of Appeals

held that person has a reasonable

expectation of privacy in a personal

computer.United States v. Jones, 132 S.Ct. 945

(2012).

The U.S. Supreme Court held thatinstalling a GPS unit on a car is a

search under the Fourth Amendment

to the U.S. Constitution.United States v. Kirschner, 2010 U.S.

Dist. Lexis 30603 (E.D. Mich.,

March 30, 2010).

This District Court for the Eastern

District of Michigan held that it is a

violation of the Fifth Amendment to


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require a defendant to provide the

password to his computer.

United States v. Miami University;

Ohio State University, 294 F.3d 797

(6th Cir. 2002).

The Sixth Circuit Court of Appeals

held that disciplinary records are

records that are protected by Family

Educational Rights and Privacy Act

(FERPA). A students consent isrequired prior to releasing the

records.

United States v. Mullins, 992 F.2d1472 (9th Cir. 1993).

The Ninth Circuit Court of Appeals

held that the Wiretap Acts providerexception can be used by system

administrators to track a hacker

throughout an entitys computer

network in order to prevent damageto the network.

United States v. White, 401 U.S. 745


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(1971).

The U.S. Supreme Court found

theres no right of privacy in

information thats voluntarily

disclosed to another person.

Whalen v. Roe, 429 U.S. 589 (1977).

The U.S. Supreme Court specificall

recognized a right of informational

privacy.

Wheaten v. Peters, 33U.S. 591 (1834).

The U.S. Supreme Court first

acknowledged that a person has an

interest in being let alone.

White v. Samsung Electronics of

America, Inc., 989 F.2d 1512 (9th

Cir. 1992).A Ninth Circuit Court of Appeals

case where a game show host

argued successfully that being a hoston a popular game show was her

identity, and that a business

misappropriated her identity.


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Williams v. Crichton, 84 F.3d 581, 590

(2d Cir. 1996).


Appeals stated a test used for

determining substantial similarity

between copyrighted works.

Zubulake v. UBS Warburg, LLC, 2004

WL 1620866 (SD NY July 20,

2004).

A series of decisions in the DistrictCourt for the Southern District of

New York that helped define the

limits of electronic discovery.


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The

Constitutionof the

UnitedStates of

America

APP

D

We the People of the United States, in

Order to form a more perfect Union,

establish Justice, insure domestic

Tranquility, provide for the commondefence, promote the general Welfare,

and secure the Blessings of Liberty to

ourselves and our Posterity, doordain and establish this Constitution

or the United States of America.


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Article. I.

Section. 1.

All legislative Powers herein grantedshall be vested in a Congress of the

United States, which shall consist of a

Senate and House of Representatives.Section. 2.

The House of Representatives shall be

composed of Members chosen everysecond Year by the People of the

several States, and the Electors in each

State shall have the Qualifications

requisite for Electors of the most

numerous Branch of the State

Legislature.

No Person shall be a Representative

who shall not have attained to the Age

of twenty five Years, and been seven

Years a Citizen of the United States,and who shall not, when elected, be an

Inhabitant of that State in which he

shall be chosen


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Representatives and direct Taxes shall

be apportioned among the several

States which may be included within

this Union, according to their

respective Numbers, which shall be

determined by adding to the whole

Number of free Persons, includingthose bound to Service for a Term of

Years, and excluding Indians not taxed,

three fifths of all other Persons. Theactual Enumeration shall be made

within three Years after the first

Meeting of the Congress of the United

States, and within every subsequentTerm of ten Years, in such Manner as

they shall by Law direct. The Number

of Representatives shall not exceedone for every thirty Thousand, but each

State shall have at Least one

Representative; and until such

enumeration shall be made, the State o

New Hampshire shall be entitled to

chuse three, Massachusetts eight,


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Rhode-Island and Providence

Plantations one, Connecticut five,

New-York six, New Jersey four,

Pennsylvania eight, Delaware one,

Maryland six, Virginia ten, North

Carolina five, South Carolina five, and

Georgia three.When vacancies happen in the

Representation from any State, the

Executive Authority thereof shall issueWrits of Election to fill such

Vacancies.

The House of Representatives shallchuse their Speaker and other Officers;

and shall have the sole Power of

Impeachment.

Section. 3.

The Senate of the United States shall

be composed of two Senators from

each State, chosen by the Legislature

thereof for six Years; and each Senator

shall have one Vote.


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Immediately after they shall be

assembled in Consequence of the first

Election, they shall be divided as

equally as may be into three Classes.

The Seats of the Senators of the first

Class shall be vacated at the

Expiration of the second Year, of thesecond Class at the Expiration of the

fourth Year, and of the third Class at

the Expiration of the sixth Year, so thatone third may be chosen every second

Year; and if Vacancies happen by

Resignation, or otherwise, during the

Recess of the Legislature of any State,the Executive thereof may make

temporary Appointments until the next

Meeting of the Legislature, which shallthen fill such Vacancies.

No Person shall be a Senator who

shall not have attained to the Age ofthirty Years, and been nine Years a

Citizen of the United States, and who

shall not, when elected, be an


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Inhabitant of that State for which he

shall be chosen.

The Vice President of the United States

shall be President of the Senate, but

shall have no Vote, unless they be

equally divided.

The Senate shall chuse their other

Officers, and also a President pro

tempore, in the Absence of the Vice

President, or when he shall exercisethe Office of President of the United

States.

The Senate shall have the sole Powerto try all Impeachments. When sitting

for that Purpose, they shall be on Oath

or Affirmation. When the President of

the United States is tried, the Chief

Justice shall preside: And no Person

shall be convicted without the

Concurrence of two thirds of theMembers present.

Judgment in Cases of Impeachment


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shall not extend further than to removal

from Office, and disqualification to

hold and enjoy any Office of honor,

Trust or Profit under the United States:

but the Party convicted shall

nevertheless be liable and subject to

Indictment, Trial, Judgment andPunishment, according to Law.

Section. 4.

The Times, Places and Manner ofholding Elections for Senators and

Representatives, shall be prescribed in

each State by the Legislature thereof;but the Congress may at any time by

Law make or alter such Regulations,

except as to the Places of chusing

Senators.

The Congress shall assemble at least

once in every Year, and such Meeting

shall be on the first Monday in

December, unless they shall by Law

appoint a different Day.


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Section. 5.

Each House shall be the Judge of the

Elections, Returns and Qualifications

of its own Members, and a Majority of

each shall constitute a Quorum to do

Business; but a smaller Number may

adjourn from day to day, and may beauthorized to compel the Attendance of

absent Members, in such Manner, and

under such Penalties as each Housemay provide.

Each House may determine the Rules

of its Proceedings, punish its Membersfor disorderly Behaviour, and, with the

Concurrence of two thirds, expel a

Member.

Each House shall keep a Journal of its

Proceedings, and from time to time

publish the same, excepting such Parts

as may in their Judgment requireSecrecy; and the Yeas and Nays of the

Members of either House on any

question shall at the Desire of one fift


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of those Present, be entered on the

Journal.

Neither House, during the Session of

Congress, shall, without the Consent of

the other, adjourn for more than three

days, nor to any other Place than that in

which the two Houses shall be sitting.

Section. 6.

The Senators and Representatives shall

receive a Compensation for theirServices, to be ascertained by Law,

and paid out of the Treasury of the

United States. They shall in all Cases,except Treason, Felony and Breach of

the Peace, be privileged from Arrest

during their Attendance at the Session

of their respective Houses, and in

going to and returning from the same;

and for any Speech or Debate in either

House, they shall not be questioned inany other Place.

No Senator or Representative shall,


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during the Time for which he was

elected, be appointed to any civil

Office under the Authority of the

United States, which shall have been

created, or the Emoluments whereof

shall have been encreased during such

time; and no Person holding any Officeunder the United States, shall be a

Member of either House during his

Continuance in Office.Section. 7.

All Bills for raising Revenue shall

originate in the House ofRepresentatives; but the Senate may

propose or concur with Amendments

as on other Bills.

Every Bill which shall have passed the

House of Representatives and the

Senate, shall, before it become a Law,

be presented to the President of theUnited States: If he approve he shall

sign it, but if not he shall return it, with

his Objections to that House in which


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it shall have originated, who shall

enter the Objections at large on their

Journal, and proceed to reconsider it.

If after such Reconsideration two

thirds of that House shall agree to pass

the Bill, it shall be sent, together with

the Objections, to the other House, bywhich it shall likewise be

reconsidered, and if approved by two

thirds of that House, it shall become aLaw. But in all such Cases the Votes of

both Houses shall be determined by

eas and Nays, and the Names of the

Persons voting for and against the Billshall be entered on the Journal of each

House respectively. If any Bill shall

not be returned by the President withinten Days (Sundays excepted) after it

shall have been presented to him, the

Same shall be a Law, in like Manner as

if he had signed it, unless the Congress

by their Adjournment prevent its

Return, in which Case it shall not be a


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Law.

Every Order, Resolution, or Vote to

which the Concurrence of the Senate

and House of Representatives may be

necessary (except on a question of

Adjournment) shall be presented to the

President of the United States; andbefore the Same shall take Effect, shall

be approved by him, or being

disapproved by him, shall be repassedby two thirds of the Senate and House

of Representatives, according to the

Rules and Limitations prescribed in the

Case of a Bill.

Section. 8.

The Congress shall have Power To layand collect Taxes, Duties, Imposts and

Excises, to pay the Debts and provide

for the common Defence and general

Welfare of the United States; but all

Duties, Imposts and Excises shall be

uniform throughout the United States;


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To borrow Money on the credit of the

United States;

To regulate Commerce with foreign

Nations, and among the several States,

and with the Indian Tribes;

To establish an uniform Rule of

Naturalization, and uniform Laws on

the subject of Bankruptcies throughout

the United States;

To coin Money, regulate the Valuethereof, and of foreign Coin, and fix the

Standard of Weights and Measures;

To provide for the Punishment ofcounterfeiting the Securities and

current Coin of the United States;

To establish Post Offices and postRoads;

To promote the Progress of Science

and useful Arts, by securing for limited

Times to Authors and Inventors the

exclusive Right to their respective

Writings and Discoveries;


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To constitute Tribunals inferior to the

supreme Court;

To define and punish Piracies and

Felonies committed on the high Seas,

and Offences against the Law of

Nations;

To declare War, grant Letters of

Marque and Reprisal, and make Rules

concerning Captures on Land and

Water;To raise and support Armies, but no

Appropriation of Money to that Use

shall be for a longer Term than twoYears;

To provide and maintain a Navy;

To make Rules for the Government andRegulation of the land and naval

Forces;

To provide for calling forth the Militia

to execute the Laws of the Union,

suppress Insurrections and repel

Invasions;


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To provide for organizing, arming, and

disciplining, the Militia, and for

governing such Part of them as may be

employed in the Service of the United

States, reserving to the States

respectively, the Appointment of the

Officers, and the Authority of trainingthe Militia according to the discipline

prescribed by Congress;

To exercise exclusive Legislation in allCases whatsoever, over such District

(not exceeding ten Miles square) as

may, by Cession of particular States,

and the Acceptance of Congress,

become the Seat of the Government of

the United States, and to exercise like

Authority over all Places purchased bythe Consent of the Legislature of the

State in which the Same shall be, for

the Erection of Forts, Magazines,Arsenals, dock-Yards, and other

needful Buildings;And

To make all Laws which shall be


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necessary and proper for carrying into

Execution the foregoing Powers, and

all other Powers vested by this

Constitution in the Government of the

United States, or in any Department or

Officer thereof.

Section. 9.

The Migration or Importation of such

Persons as any of the States now

existing shall think proper to admit,shall not be prohibited by the Congress

prior to the Year one thousand eight

hundred and eight, but a Tax or dutymay be imposed on such Importation,

not exceeding ten dollars for each

Person.

The Privilege of the Writ of Habeas

Corpus shall not be suspended, unless

when in Cases of Rebellion or

Invasion the public Safety may require

it.

No Bill of Attainder or ex post facto


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Law shall be passed.

No Capitation, or other direct, Tax

shall be laid, unless in Proportion to

the Census or enumeration herein

before directed to be taken.

No Tax or Duty shall be laid on

Articles exported from any State.

No Preference shall be given by any

Regulation of Commerce or Revenue

to the Ports of one State over those ofanother; nor shall Vessels bound to, or

from, one State, be obliged to enter,

clear, or pay Duties in another.No Money shall be drawn from the

Treasury, but in Consequence of

Appropriations made by Law; and aregular Statement and Account of the

Receipts and Expenditures of all

public Money shall be published from

time to time.

No Title of Nobility shall be granted

by the United States: And no Person


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holding any Office of Profit or Trust

under them, shall, without the Consent

of the Congress, accept of any present,

Emolument, Office, or Title, of any

kind whatever, from any King, Prince,

or foreign State.

Section. 10.

No State shall enter into any Treaty,

Alliance, or Confederation; grant

Letters of Marque and Reprisal; coinMoney; emit Bills of Credit; make any

Thing but gold and silver Coin a

Tender in Payment of Debts; pass anyBill of Attainder, ex post facto Law, or

Law impairing the Obligation of

Contracts, or grant any Title of

Nobility.

No State shall, without the Consent of

the Congress, lay any Imposts or

Duties on Imports or Exports, except

what may be absolutely necessary for

executing its inspection Laws: and the


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net Produce of all Duties and Imposts,

laid by any State on Imports or

Exports, shall be for the Use of the

Treasury of the United States; and all

such Laws shall be subject to the

Revision and Controul of the Congress.

No State shall, without the Consent ofCongress, lay any Duty of Tonnage,

keep Troops, or Ships of War in time

of Peace, enter into any Agreement orCompact with another State, or with a

foreign Power, or engage in War,

unless actually invaded, or in such

imminent Danger as will not admit of

delay.

Article. II.Section. 1.

The executive Power shall be vested i

a President of the United States ofAmerica. He shall hold his Office

during the Term of four Years, and,

together with the Vice President,


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chosen for the same Term, be elected,

as follows:

Each State shall appoint, in such

Manner as the Legislature thereof may

direct, a Number of Electors, equal to

the whole Number of Senators and

Representatives to which the State maybe entitled in the Congress: but no

Senator or Representative, or Person

holding an Office of Trust or Profitunder the United States, shall be

appointed an Elector.

The Electors shall meet in theirrespective States, and vote by Ballot

for two Persons, of whom one at least

shall not be an Inhabitant of the same

State with themselves. And they shallmake a List of all the Persons voted

for, and of the Number of Votes for

each; which List they shall sign andcertify, and transmit sealed to the Seat

of the Government of the United States,

directed to the President of the Senate.


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The President of the Senate shall, in

the Presence of the Senate and House

of Representatives, open all the

Certificates, and the Votes shall then be

counted. The Person having the

greatest Number of Votes shall be the

President, if such Number be aMajority of the whole Number of

Electors appointed; and if there be

more than one who have such Majority,and have an equal Number of Votes,

then the House of Representatives shall

immediately chuse by Ballot one of

them for President; and if no Personhave a Majority, then from the five

highest on the List the said House shall

in like Manner chuse the President. Butin chusing the President, the Votes shall

be taken by States, the Representation

from each State having one Vote; A

quorum for this purpose shall consist

of a Member or Members from two

thirds of the States, and a Majority of


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all the States shall be necessary to a

Choice. In every Case, after the Choice

of the President, the Person having the

greatest Number of Votes of the

Electors shall be the Vice President.

But if there should remain two or more

who have equal Votes, the Senate shallchuse from them by Ballot the Vice

President.

The Congress may determine the Timeof chusing the Electors, and the Day on

which they shall give their Votes;

which Day shall be the same

throughout the United States.

No Person except a natural born

Citizen, or a Citizen of the United

States, at the time of the Adoption ofthis Constitution, shall be eligible to

the Office of President; neither shall

any Person be eligible to that Officewho shall not have attained to the Age

of thirty five Years, and been fourteen

Years a Resident within the United


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States.

In Case of the Removal of the

President from Office, or of his Death,

Resignation, or Inability to discharge

the Powers and Duties of the said

Office, the Same shall devolve on the

Vice President, and the Congress mayby Law provide for the Case of

Removal, Death, Resignation or

Inability, both of the President andVice President, declaring what Officer

shall then act as President, and such

Officer shall act accordingly, until the

Disability be removed, or a President

shall be elected.

The President shall, at stated Times,

receive for his Services, aCompensation, which shall neither be

increased nor diminished during the

Period for which he shall have beenelected, and he shall not receive within

that Period any other Emolument from

the United States, or any of them.


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Before he enter on the Execution of his

Office, he shall take the following Oat

or Affirmation:I do solemnly swear

(or affirm) that I will faithfully execute

the Office of President of the United

States, and will to the best of my

Ability, preserve, protect and defendthe Constitution of the United States.

Section. 2.

The President shall be Commander inChief of the Army and Navy of the

United States, and of the Militia of the

several States, when called into theactual Service of the United States; he

may require the Opinion, in writing, of

the principal Officer in each of the

executive Departments, upon any

Subject relating to the Duties of their

respective Offices, and he shall have

Power to grant Reprieves and Pardonsfor Offences against the United States,

except in Cases of Impeachment.


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He shall have Power, by and with the

Advice and Consent of the Senate, to

make Treaties, provided two thirds of

the Senators present concur; and he

shall nominate, and by and with the

Advice and Consent of the Senate,

shall appoint Ambassadors, otherpublic Ministers and Consuls, Judges

of the supreme Court, and all other

Officers of the United States, whoseAppointments are not herein otherwise

provided for, and which shall be

established by Law: but the Congress

may by Law vest the Appointment ofsuch inferior Officers, as they think

proper, in the President alone, in the

Courts of Law, or in the Heads ofDepartments.

The President shall have Power to fill

up all Vacancies that may happenduring the Recess of the Senate, by

granting Commissions which shall

expire at the End of their next Session.


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Section. 3.

He shall from time to time give to the

Congress Information of the State of

the Union, and recommend to their

Consideration such Measures as he

shall judge necessary and expedient; he

may, on extraordinary Occasions,convene both Houses, or either of

them, and in Case of Disagreement

between them, with Respect to theTime of Adjournment, he may adjourn

them to such Time as he shall think

proper; he shall receive Ambassadors

and other public Ministers; he shall

take Care that the Laws be faithfully

executed, and shall Commission all the

Officers of the United States.

Section. 4.

The President, Vice President and all

civil Officers of the United States,

shall be removed from Office on

Impeachment for, and Conviction of,


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Treason, Bribery, or other high Crimes

and Misdemeanors.

Article III.Section. 1.

The judicial Power of the United

States shall be vested in one supremeCourt, and in such inferior Courts as

the Congress may from time to time

ordain and establish. The Judges, bothof the supreme and inferior Courts,

shall hold their Offices during good

Behaviour, and shall, at stated Times,

receive for their Services a

Compensation, which shall not be

diminished during their Continuance in

Office.

Section. 2.

The judicial Power shall extend to all

Cases, in Law and Equity, arising

under this Constitution, the Laws of the

United States, and Treaties made, or


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which shall be made, under their

Authority;to all Cases affecting

Ambassadors, other public Ministers

and Consuls;to all Cases of

admiralty and maritime Jurisdiction;

to Controversies to which the United

States shall be a Party;toControversies between two or more

States;between a State and Citizens

of another State,between Citizens ofdifferent States,between Citizens of

the same State claiming Lands under

Grants of different States, and between

a State, or the Citizens thereof, andforeign States, Citizens or Subjects.

In all Cases affecting Ambassadors,

other public Ministers and Consuls,and those in which a State shall be

Party, the supreme Court shall have

original Jurisdiction. In all the otherCases before mentioned, the supreme

Court shall have appellate Jurisdiction,

both as to Law and Fact, with such


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Exceptions, and under such

Regulations as the Congress shall

make.

The Trial of all Crimes, except in

Cases of Impeachment, shall be by

Jury; and such Trial shall be held in the

State where the said Crimes shall havebeen committed; but when not

committed within any State, the Trial

shall be at such Place or Places as theCongress may by Law have directed.

Section. 3.

Treason against the United States, shallconsist only in levying War against

them, or in adhering to their Enemies,

giving them Aid and Comfort. NoPerson shall be convicted of Treason

unless on the Testimony of two

Witnesses to the same overt Act, or on

Confession in open Court.

The Congress shall have Power to

declare the Punishment of Treason, but


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no Attainder of Treason shall work

Corruption of Blood, or Forfeiture

except during the Life of the Person

attainted.

Article. IV.

Section. 1.Full Faith and Credit shall be given in

each State to the public Acts, Records,

and judicial Proceedings of everyother State. And the Congress may by

general Laws prescribe the Manner in

which such Acts, Records and

Proceedings shall be proved, and the

Effect thereof.

Section. 2.

The Citizens of each State shall be

entitled to all Privileges and

Immunities of Citizens in the several

States.

A Person charged in any State with

Treason, Felony, or other Crime, who


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shall flee from Justice, and be found in

another State, shall on Demand of the

executive Authority of the State from

which he fled, be delivered up, to be

removed to the State having

Jurisdiction of the Crime.

No Person held to Service or Labourin one State, under the Laws thereof,

escaping into another, shall, in

Consequence of any Law or Regulationtherein, be discharged from such

Service or Labour, but shall be

delivered up on Claim of the Party to

whom such Service or Labour may be

due.

Section. 3.

New States may be admitted by the

Congress into this Union; but no new

State shall be formed or erected within

the Jurisdiction of any other State; nor

any State be formed by the Junction of

two or more States, or Parts of States,


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without the Consent of the Legislatures

of the States concerned as well as of

the Congress.

The Congress shall have Power to

dispose of and make all needful Rules

and Regulations respecting the

Territory or other Property belongingto the United States; and nothing in this

Constitution shall be so construed as to

Prejudice any Claims of the UnitedStates, or of any particular State.

Section. 4.

The United States shall guarantee toevery State in this Union a Republican

Form of Government, and shall protect

each of them against Invasion; and onApplication of the Legislature, or of

the Executive (when the Legislature

cannot be convened), against domestic

Violence.

Article. V.

The Congress whenever two thirds of


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both Houses shall deem it necessary,

shall propose Amendments to this

Constitution, or, on the Application of

the Legislatures of two thirds of the

several States, shall call a Convention

for proposing Amendments, which, in

either Case, shall be valid to all Intentsand Purposes, as Part of this

Constitution, when ratified by the

Legislatures of three fourths of theseveral States, or by Conventions in

three fourths thereof, as the one or the

other Mode of Ratification may be

proposed by the Congress; Providedthat no Amendment which may be

made prior to the Year One thousand

eight hundred and eight shall in anyManner affect the first and fourth

Clauses in the Ninth Section of the first

Article; and that no State, without its

Consent, shall be deprived of its equal

Suffrage in the Senate.


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Article. VI.

All Debts contracted and Engagements

entered into, before the Adoption ofthis Constitution, shall be as valid

against the United States under this

Constitution, as under the

Confederation.

This Constitution, and the Laws of the

United States which shall be made in

Pursuance thereof; and all Treatiesmade, or which shall be made, under

the Authority of the United States, shall

be the supreme Law of the Land; andthe Judges in every State shall be

bound thereby, any Thing in the

Constitution or Laws of any State to the

Contrary notwithstanding.

The Senators and Representatives

before mentioned, and the Members of

the several State Legislatures, and allexecutive and judicial Officers, both o

the United States and of the several


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States, shall be bound by Oath or

Affirmation, to support this

Constitution; but no religious Test shall

ever be required as a Qualification to

any Office or public Trust under the

United States.

Article. VII.

The Ratification of the Conventions of

nine States, shall be sufficient for the

Establishment of this Constitution

between the States so ratifying the

Same.

Amendments to the

Constitution of the United

States of America.

Amendment I (1791)

Congress shall make no law respecting

an establishment of religion, or

prohibiting the free exercise thereof; or


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abridging the freedom of speech, or of

the press; or the right of the people

peaceably to assemble, and to petition

the Government for a redress of

grievances.

Amendment II (1791)A well regulated Militia, being

necessary to the security of a free

State, the right of the people to keep

and bear Arms, shall not be infringed.

Amendment III (1791)

No Soldier shall, in time of peace bequartered in any house, without the

consent of the Owner, nor in time of

war, but in a manner to be prescribed

by law.

Amendment IV (1791)

The right of the people to be secure intheir persons, houses, papers, and

effects, against unreasonable searches

and seizures, shall not be violated, and


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no Warrants shall issue, but upon

probable cause, supported by Oath or

affirmation, and particularly describin

the place to be searched, and the

persons or things to be seized.

Amendment V (1791)No person shall be held to answer for

a capital, or otherwise infamous crime,

unless on a presentment or indictment

of a Grand Jury, except in cases arising

in the land or naval forces, or in the

Militia, when in actual service in time

of War or public danger; nor shall anyperson be subject for the same offence

to be twice put in jeopardy of life or

limb; nor shall be compelled in anycriminal case to be a witness against

himself, nor be deprived of life,

liberty, or property, without due

process of law; nor shall private

property be taken for public use,

without just compensation.


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Amendment VI (1791)

In all criminal prosecutions, the

accused shall enjoy the right to aspeedy and public trial, by an impartial

ury of the State and district wherein

the crime shall have been committed,

which district shall have been

previously ascertained by law, and to

be informed of the nature and cause of

the accusation; to be confronted withthe witnesses against him; to have

compulsory process for obtaining

witnesses in his favor, and to have theAssistance of Counsel for his defence.

Amendment VII (1791)

In Suits at common law, where thevalue in controversy shall exceed

twenty dollars, the right of trial by jury

shall be preserved, and no fact tried bya jury, shall be otherwise re-examined

in any Court of the United States, than

according to the rules of the common


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law.

Amendment VIII (1791)

Excessive bail shall not be required,nor excessive fines imposed, nor cruel

and unusual punishments inflicted.

Amendment IX (1791)

The enumeration in the Constitution, of

certain rights, shall not be construed to

deny or disparage others retained bythe people.

Amendment X (1791)

The powers not delegated to the United

States by the Constitution, nor

prohibited by it to the States, are

reserved to the States respectively, orto the people.

Amendment XI (1795)

The Judicial power of the United

States shall not be construed to extend

to any suit in law or equity,

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Answer Key & All Appendixes--- Legal Issues in Information Sec - Joanna Lyn Grama-16

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