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47 Cards in this Set
- Front
- Back
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Law |
Enables us to live in a society |
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Constitution |
US Constitution State Constitution -The US Constitution is the Supreme Law of the Land (Supremacy Clause) |
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Statutes |
-Legislatures -Statutory interpretation 1. Plain Meaning Rule 2. Legislative history 3. Good policy 4. Courts Assume legislatures are aware of prior court decisions |
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Plain Meaning Rule |
Give words their plain real meaning |
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Legislative History |
set of all the records of getting the bill into law |
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Good Policy |
implied exception for better public policy ex: vaccinations unless violate religious beliefs |
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Court Cases/ Common Law |
Use Stare Decisis -Uses precedent (past similar cases) to resolve the current dispute Use binding Precedent -Issued by a higher court in the same jurisdiction -expect the court to do, but is not mandatory Case of first Impression -No binding precedent to follow Persuasive Precedent -issued by a different jurisdiction or same jurisdiction, but not a higher court |
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Lawsuit |
Plaintiff - brings lawsuit Defendant - Getting sued Appellant - Lost to law Appellee - Winner to law Remand - Send back to lower court to look at again |
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Administrative Agencies |
Power to make regulations -Not mentioned in Constitution |
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Criminal law |
-wrong against society -government prosecutes - punishment |
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Civil Law |
-non criminal -typically want compensation not punishment |
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Substantive law |
-Defines your legal rights -Tells you what rights you have |
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Procedural law |
-Tells us how to enforce the rights which are explained to us by substantive law |
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Public law |
-affects everyone |
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Private Law |
-Affects only the Participants |
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Jurisprudence |
-the study of law |
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Natural law |
-law should reflect certain fundamental principles -EX: fairness - recognizes civil disobedience and consequences |
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Legal Positivism |
-Obey the law because it is the law - If disagree the law, work within it to change it while obeying it as is for now |
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Historical School |
-law derives its legitimacy by following past traditions |
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Legal Realism |
Focus on the human element |
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Ethics |
- a set of nonlegal rules of behavior -non uniform rules -often involves balancing of interests -Unethical behaviors have costs |
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Actual Law (Ethics) |
-complying with actual law is typically the minimum for ethical behavior |
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Ethical Egoism (Ethics) |
-We act ethically because it is in our own self interest to do so |
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Utilitariansim |
Humans act ethically because it is rational, we maximize the benefit |
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Categorical Imperative |
Humans Act rationally, we don't do to others what we don't want others to do to us |
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Situational Ethics |
Choose the least bad alternative |
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Drucker Model |
Above all, do no harm |
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Laura Nash |
-How would you define the problem if you stood on theother side of the fence? -What is the problem, who is affected, consider various perspectives, what are the likely results, etc. |
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Blanchard / Peale |
1. Is it legal? 2. Is it balanced? 3. How does it make me feel? |
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Front Page of the Newspaper Test |
-would you be willing to see it immediately describedby an informed and critical reporter on the front page of his local paper,there to be read by his spouse, children and friends. |
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Wall Street Journal Model |
1. Am I in compliance with the law? 2. What contribution does this conduct make to myshareholders, my employees, my customers, my community? 3. What are the likely consequences of this decision? Three C's: Compliance; Contribution; Consequences |
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Kant and the Categorical Imperative |
Am I willing to live in a world that is subject to my rulesor would I resent those who behave by my rules? What if the world behaved according to my rules? Would I becomfortable or would I be nervous? |
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The Golden Rule |
Treat others as you want to be treated. How would you feel if you were on the receiving end of yourconduct? |
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Inheritance School - Friedman |
-the job of the managers is to Maximize profit within the boundaries of the law -managers serve shareholders -Act ethically/ Support charity only if it maximizes profit |
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Invisible Hand |
-Business serves society by making a profit -Accepts a role for government |
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Enlightened Self-Interest |
-Managers serve shareholders best by responding to social issues |
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Social Responsibility |
-Business is a citizen |
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Stakeholder Model of Ethics |
-identify the stakeholders and describe the treatment you commit to provide -Customers -Competitors -Community -Investors -Employees |
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Issues based Model of Ethics |
-Political involvement -Company Assets -Gifts, entertainment -environment -bribery, grease |
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Roles of Courts |
Judicial Review -Power of the courts to declare an act of another branch of government unconstitutional Resolve Litigation |
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Writ |
-A completed form to get a complaint into the courts |
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Different Remedies |
Legal Remedy -Money damages Equitable Remedy -Specific performance -order to honor contract -order of injunction (order to not do something) -order of rescission (cancel a contract) |
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Personal Jurisdiction |
-Power of the court to force the defendant to appear |
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Grounds for Personal Jurisdiction |
-Residence -> D lives in state, served on D while D is in state -Long Arm Jurisdiction ->D has "minimum contacts" with a state, a D can get sued there |
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Federal Court Hear only Specific Cases |
-Federal Questions ->Case involves federal laws ->No dollar minimum requirement -Diversity Jurisdiction ->P and D are from different states ->Amount must be greater than $75,000 |
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Pre-Trial |
-Pleadings ->plaintiff drafts a complaint ->Jurisdiction |
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Motion to Dismiss |
-Formal request to the court for something (lack of jurisdiction -> throw out complaint) Demurrer - Motion to dismiss for failure to state a valid legal theory allowing recovery |
