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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
committing an act of war against the USA or giving aid and comfort to an enemy of the USA
Treason
26
lowest misdemeanor simple fine ex. public intoxication
simple misdemeanor
27
more serious misdemeanor with a punishment of a year in prison and a $1500 fine
serious misdemeanor
28
assault with intent is an example of this misdemeanor and includes a 2 year prison sentence and a $5000 fine
aggravated misdemeanor
29
can't be tried for the same crime twice, for the same transaction or occurrence and attaches when the 1st juror is sworn in
double jeopardy
30
Describe the appeals process for the federal level
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
Describe the appeals process at the state level
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
What types of cases fall to the district level
bankruptcy, civil rights anything with more than $75,000 in damages
33
power of the court to hear a case
jurisdiction
34
jurisdiction over where a piece of land is located
in rem
35
jurisdiction over a person must be a resident or have sufficient minimum contacts
in personam
36
explain the jurisdiction issues with the Sherburne county social services VS Kennedy
guy gets girl pregnant in Montana not enough sufficient contacts to bring him back to MN to support kid
37
we can come and get you if their is sufficient minimum contacts
long arm statute
38
proper geographic place to hear a case
venue
39
Describe the Civil Trial Process
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
What needs to happen for burden of proof preponderance of evidence to be proven
be more than 50% confident in a decision and the case must only involve money
41
What needs to happen for burden of proof for clear and convincing evidence to be proven
be 75% confident and the decision involves some kind of restriction of rights ie juvenile detention etc.
42
What needs to happen for burden of proof beyond a reasonable doubt
92-95% confident in decision and involves major punishment and for criminal punishments only
43
what does ADR stand for
alternative decision resolution
44
voluntary where two side s sit down and have a third party decide and can go to trial if want to
mediation
45
binding where two sides sit down and have third party decide and can't go to trial
arbitration
46
us giving the government the right to govern us
Consitiutuion
47
* Freedom of religion * Freedom of speech * Freedom of Press * Freedom to Peaceably Assemble * Freedom of Petition
1st amendment
48
• Right to Bear Arms
2nd Amendment
49
• No soldier can be quartered in times of peace
3rd amendment
50
``` • Unreasonable search and seizure of o Person o Home o Papers o Effects ```
4th Amendment
51
* Right to remain silent * Double jeopardy * Due process
5th Amendment
52
• Speedy and PUBLIC trial by jury
6th Amendment
53
• $20 for a jury trial – amount for a trial to take place
7th amendment
54
• No twisted punishment and no excessive bail
8th amendment
55
• And their may be more not exclusive
9th amendment
56
• Most power in state give small power to the federal government
10th amendment
57
• 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
Article 5
58
speaking about any belief
political speech
59
state can't stop you unless there is a compelling state interest
1st amendment rights
60
speech that doesn't have to be spoken
symbolic speech
61
explain the case about Texas VS Johnson
Johnson is arrested for flag burning and state can't do anything about it because of freedom of speech
62
Explain Iota Zi case
hosted ugly women contest and could because of freedom of speech
63
can't say something to another person that is offensive about race color gender or sexual orientation
Hate Speech Code
64
Explain the case about the Ku Klux Klan
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
Explain the Terry VS Ohio Case
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
Explain the House Frisk
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
Explain the Dike Case
license plate run and found an outstanding warrant pulled over for excessive weaving
68
reasonable amount of privacy around house
curtilage
69
Explain Suspected Rapist Case
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
Explain the Serial Rapist Case
working in rape call center and undercover cop takes his used McDonald and DNA tests it
71
ability to take property in exchange for legitimate public exchange
total taking
72
changes how you can use your property
partial taking

Legal and Social Environment of Business (3 decks)

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