Pretexting is the act or practice of gaining information about a subject by misrepresentation or under false pretenses. Pretexting is capable to leaving companies involved open to liability claims
The need to understand when pretexting is illegal within federal and state laws, how pretexting has been interpreted by the courts, the type of pretexting that are legal but also not advisable, as well as steps to take against being pretexting when investigative tasks are outsourced
The use of pretext to obtain telephone records or financial information is explicitly against federal law and pretexting used for criminal purposes are stopped by prosecutors using other existing federal laws
However, pretexting in the form of undercover investigation is completely legal, provided the investigator does not present them selves as a person of authority
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Common law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures.
What is Common law?
- In law, common law is the body of law formed by judges and comparable quasi-judicial tribunals by virtue of being declared in written decisions.
- It is also known as judicial precedent, judge-made law, or case law.
- The fact that "common law" emerges as precedent is its distinguishing feature.
- In circumstances where the parties differ on the law, a common law court looks to previous precedential decisions of competent courts and synthesizes the principles of those previous cases as applicable to the current facts.
- If a similar matter has already been decided, the court is usually compelled to follow the reasons employed in the earlier ruling (a principle known as stare decisis).
Therefore, common law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures.
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