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Legal and Social Environment of Business > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Name the 6 Socialist Goals

A
  1. Liberty
  2. Social Welfare
  3. Fulfilling Work
  4. Community
  5. Equality
  6. Rationality
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2
Q

means used to achieve ends are ethical

A

deontology

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3
Q

ethical nature of an outcome is a good outcome

A

Teleology

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4
Q

Describe Archie Carroll pyramid for CSR

A

Be Philanthropic is at the top then Be ethical then Be legal then be profitable

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5
Q

Describe stage one of the Pre-conventional Level

A

obey the rules to avoid punishment

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6
Q

Describe stage 2 of the Pre-conventional Level

A

follow rules only if it is in own interest but let others do the same conform to secure rewards

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7
Q

Describe stage three in conventional level

A

conform to meet the expectations of others pleas others adhere to stereotypical images

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8
Q

Describe stage 4 of the conventional level

A

doing right is on’ts duty obey the law uphold social order

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9
Q

describe stage 5 of the post conventional level

A

current laws and values are relative laws and duty are obeyed on rational calculations to serve the greatest number

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10
Q

describe stage 6 of the post conventional level

A

follow self chosen universal ethical principles in the event of conflicts principles override laws

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11
Q

Name the 4 reasons we have laws

A
  1. maintain order
  2. Peaceful Conflict Resolution
  3. Maintain freedom with in the bounds of the law
  4. Preservation of Justice
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12
Q

Name the Four steps of Case Reading

A
  1. Outline the Facts like you would in a book/movie
  2. Issue
  3. Holding
  4. Reasoning
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13
Q

Use the 4 steps of Case Reading to Describe the Graft and Hausmon VS Beard Case

A
  1. Outline Graft and Hausmon were having and adult party and Mr. Moos got drunk and crashed into Beard with his car and didn’t have insurance
  2. Issue - is a homeowner responsible for the actions of drunk guests
  3. Holding - the law in this case says no
  4. Reasoning - Judge says why he decided the way he did
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14
Q

type of law that creates legal rights

A

substantive

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15
Q

type of law that provides mechanisms to enforce rights

A

Procedural

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16
Q

Type of law made by legislatures

A

Law by enactment

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17
Q

Type of law made by judicial decision also called case law or common law

A

Law by judicial decision

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18
Q

law that describes the relationship between government and its citizens

A

Public Law

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19
Q

law that describes the relationships between the citizens themselves

A

Private Law

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20
Q

addresses issues between private entities including corporations

A

civil Law

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21
Q

law that addresses wrongs against society

A

criminal law

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22
Q

What are the 2 things for a crime to happen

A

intent, and an evil act

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23
Q

What does mens rea mean

A

intent to do evil

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24
Q

what does actus rea mean

A

evil act

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25
Q

committing an act of war against the USA or giving aid and comfort to an enemy of the USA

A

Treason

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26
Q

lowest misdemeanor simple fine ex. public intoxication

A

simple misdemeanor

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27
Q

more serious misdemeanor with a punishment of a year in prison and a $1500 fine

A

serious misdemeanor

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28
Q

assault with intent is an example of this misdemeanor and includes a 2 year prison sentence and a $5000 fine

A

aggravated misdemeanor

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29
Q

can’t be tried for the same crime twice, for the same transaction or occurrence and attaches when the 1st juror is sworn in

A

double jeopardy

30
Q

Describe the appeals process for the federal level

A

District Trail - Appeals Court where they must read the case and but don’t have to take it on - Supreme Court don’t have to read or accept the case only take 5-7% of cases

31
Q

Describe the appeals process at the state level

A

State Trail - Appeals Court where they must read the case and but don’t have to take it on - Supreme Court don’t have to read or accept the case only take 5-7% of cases

32
Q

What types of cases fall to the district level

A

bankruptcy, civil rights anything with more than $75,000 in damages

33
Q

power of the court to hear a case

A

jurisdiction

34
Q

jurisdiction over where a piece of land is located

A

in rem

35
Q

jurisdiction over a person must be a resident or have sufficient minimum contacts

A

in personam

36
Q

explain the jurisdiction issues with the Sherburne county social services VS Kennedy

A

guy gets girl pregnant in Montana not enough sufficient contacts to bring him back to MN to support kid

37
Q

we can come and get you if their is sufficient minimum contacts

A

long arm statute

38
Q

proper geographic place to hear a case

A

venue

39
Q

Describe the Civil Trial Process

A
  1. Prepare a petition which explains when the event happened and the damages
  2. Serve Petition
  3. 20 days to provide an ANSWER and a counterclaim or cross claim
  4. Discovery - gather everything in a case that could be evidence
  5. Depositions - asking very personal questions before trial
  6. Pre-Trail conference - attempt to settle
  7. Pick a Jury
  8. Trail
40
Q

What needs to happen for burden of proof preponderance of evidence to be proven

A

be more than 50% confident in a decision and the case must only involve money

41
Q

What needs to happen for burden of proof for clear and convincing evidence to be proven

A

be 75% confident and the decision involves some kind of restriction of rights ie juvenile detention etc.

42
Q

What needs to happen for burden of proof beyond a reasonable doubt

A

92-95% confident in decision and involves major punishment and for criminal punishments only

43
Q

what does ADR stand for

A

alternative decision resolution

44
Q

voluntary where two side s sit down and have a third party decide and can go to trial if want to

A

mediation

45
Q

binding where two sides sit down and have third party decide and can’t go to trial

A

arbitration

46
Q

us giving the government the right to govern us

A

Consitiutuion

47
Q
  • Freedom of religion
  • Freedom of speech
  • Freedom of Press
  • Freedom to Peaceably Assemble
  • Freedom of Petition
A

1st amendment

48
Q

• Right to Bear Arms

A

2nd Amendment

49
Q

• No soldier can be quartered in times of peace

A

3rd amendment

50
Q 
•	Unreasonable search and seizure of 
o	Person 
o	Home 
o	Papers
o	Effects
A

4th Amendment

51
Q
  • Right to remain silent
  • Double jeopardy
  • Due process
A

5th Amendment

52
Q

• Speedy and PUBLIC trial by jury

A

6th Amendment

53
Q

• $20 for a jury trial – amount for a trial to take place

A

7th amendment

54
Q

• No twisted punishment and no excessive bail

A

8th amendment

55
Q

• And their may be more not exclusive

A

9th amendment

56
Q

• Most power in state give small power to the federal government

A

10th amendment

57
Q

• People on a whim make BAD decisions
• Can be changed IF
o 2/3 of state legislatures call constitutional Legislature for amendments
o passed by 2/3 of house and senate and ¾ of the states

A

Article 5

58
Q

speaking about any belief

A

political speech

59
Q

state can’t stop you unless there is a compelling state interest

A

1st amendment rights

60
Q

speech that doesn’t have to be spoken

A

symbolic speech

61
Q

explain the case about Texas VS Johnson

A

Johnson is arrested for flag burning and state can’t do anything about it because of freedom of speech

62
Q

Explain Iota Zi case

A

hosted ugly women contest and could because of freedom of speech

63
Q

can’t say something to another person that is offensive about race color gender or sexual orientation

A

Hate Speech Code

64
Q

Explain the case about the Ku Klux Klan

A

wanted to adopt a highway in Missouri said no Supreme Court overruled and Missouri renamed the section of highway they adopted the Rosa Parks highway

65
Q

Explain the Terry VS Ohio Case

A

plain cloths officer found 3 men scoping out a place to rob and arrests them after finding a weapon on their person weapon thrown out because it was fruit of the poisoness tree

66
Q

Explain the House Frisk

A

police just want to question you and search the house for people lying in wait and find bloody clothing in the washing machine and non admissible

67
Q

Explain the Dike Case

A

license plate run and found an outstanding warrant pulled over for excessive weaving

68
Q

reasonable amount of privacy around house

A

curtilage

69
Q

Explain Suspected Rapist Case

A

women raped and can’t get DNA so they send him a fake envelope and and get a response back with DNA on the envelope

70
Q

Explain the Serial Rapist Case

A

working in rape call center and undercover cop takes his used McDonald and DNA tests it

71
Q

ability to take property in exchange for legitimate public exchange

A

total taking

72
Q

changes how you can use your property

A

partial taking

Legal and Social Environment of Business (3 decks)

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