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BUS 210 > First exam > Flashcards

First exam Flashcards

1
Q

Sources that influence ethics

A
  • Individual
  • Personal Views
    -peers
    -religion
  • faith
  • ## societal norms
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2
Q

Good Faith

A

Argument relies on persuasion to try to convince the other person.
trustworthy
transparency
privacy/protection

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3
Q

Bad faith

A

arguments relies on the other means possibly including intimidation or coercion. acting for themselves

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4
Q

Punitive Damage

A

awarded in addition to actual damage in certain circumstances

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5
Q

Plantiff

A

(Left)- party bringing the legal action.

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6
Q

Defendant

A

( right)- party accused of the crime

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7
Q

what are the social responsibilities of a business?

A
  1. to affect moral minimum standard
  2. considered stakeholder interest
  3. Corporate citizenship
  4. environment
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8
Q

Business ethics:

A

-involved the connection between law and ethics.
- may be evaluated under different moral theories
-defines the social responsibility of business

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9
Q

What Fortune 500 company is the best corporate citizenship?

A

Microsoft

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10
Q

What is the law?

A

rules and guidelines which govern conduct, provide guidance, and which have binding force and consequences.
- respect community value
- ability to plan into the future
- social justice

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11
Q

what’s the point of the law?

A
  • maintain order
    -safety
  • keep uniformity
    -functionality
  • protect private property
  • protect rights
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12
Q

Is the law fair or is the law just?

A

the law is just but not always fair.

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13
Q

what does it mean when a law is fair?

A

beneficial to all parties
free from bias
subjective

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14
Q

what does it mean when a law is just?

A

-follow rules
-legally correct
objective/ impartial

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15
Q

Laws needs to be flexible and constant.

A

True

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16
Q

Flexibility of the law

A

as society changes, so does the law
- death penalty
5th and 14 amendment
Furman v. Georgia
Gregg V. Georgia
- Equal protection
14th amendment
Plessy V. Ferguson
Brown V. Board of Education
- Domestic partnership
U.S V. Windsor

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17
Q

What is the equal protection clause of the 14th amendment?

A

No state shall make or enforce any law which shall abridge the privileges of citizens of the US. Nor shall ant state deprive any person of life, liberty, or property without due process of law.

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18
Q

What is the 5th amendment?

A

Guarantees that an individual cannot be compelled by the government to provide, incriminating info about themselves

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19
Q

what are natural laws?

A

Natural laws are laws of morality ascertainable through human reason.

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20
Q

Source of law and priority of law:

A

U.S Constitution
Treaties
Federal Statutes
Bill of rights

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21
Q

Federal court system:

A

has trial courts and appellate courts
- US district court ( trial court)
- US Circuits courts of appeal ( intermediary appellate)
- US supreme court ( Court of the last resort)

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22
Q

US district court:

A

Limited jurisdiction as compared to state superior courts

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23
Q

Federal court system also specialized courts:

A
  • Tax court
  • Court of federal claims
    -Court of International trade
  • bankruptcy court
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24
Q

Preemption Doctrine

A

federal law takes precedence over any conflicting state law

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25
Q

Supreme Court:

A

highest court in the land
- jurisdiction to hear cases from federal appellate courts, special federal courts, and highest state courts.
- Not an “evidentiary” court to determine whether lower court decision correct.
- reviews record of lower court to determine whether lower court decision correct.
- original jurisdiction in suits between the states

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26
Q

How many justices sit on the court?

A

9 justice

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27
Q

Decisions of the court may be as follows:

A

Unanimous
majority
plurality
Tie

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28
Q

What if there is a tie in the Supreme Court case?

A

the lower court decision is affirmed

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29
Q

what two basic types of cases do federal courts have jurisdictions?

A

Cases involving federal questions
cases involving diversity of citizenship

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30
Q

what are federal questions?

A

Questions regarding U.S constitution, treaties and federal statute or regulation

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31
Q

What does diversity of citizenship mean ?

A

there must be:
complete diversity of state citizenship between the plaintiff and defendants
amount in controversy of at least $75,000

32
Q

federal courts have exclusive jurisdiction over certain matters:

A

Federal crimes, bankruptcy, antitrust, patent and copyright, admiralty cases and suit against the US

33
Q

Standing to sue and personal jurisdiction:

A

means a person most be able to bring lawsuit. state must be able to exercise personal jurisdiction over the defendant.

34
Q

Minumum contracts:

A

certain ones with the state so as not to offend traditional notions of fair play and substantial

35
Q

Long arm statutes:

A

allow out of state defendants to be sued in another state where contact made.

36
Q

State court systems:

A

like the federal system, most state courts are organized into two types of courts: trial courts and appellate

37
Q

Trial courts:

A

have differing levels of jurisdiction
- limited jurisdiction courts( special courts)
- general jurisdiction ( superior courts)

38
Q

Appellate courts:

A

have different levels of review:
- courts of appeal
-Supreme Court

39
Q

Trials courts:

A

limited jurisdiction trial courts
any trial court whose jurisdiction is limited amount of controversy
- traffic court
-probate county
- magistrate court
state court

40
Q

General jurisdiction trial courts;

A

courts empowered to hear any an controversy, without limitation

41
Q

in Georgia, the superior court can hear disputes respecting:

A
  • the title to land ( civil)
  • divorce (equity)
  • felony and misdemeanor cases ( criminal)
42
Q

State appellate courts :

A

a state court can hear cases involving all but land title disputes, divorce, and feeling cases.
can hear cases involving federal laws.

43
Q

what’s the first level of appeal?

A

many appeals are guaranteed if made 9 right to appeal cases)
some cases are discretionary
- state Supreme Court is second ( and often last)
- most cases are not appealable to Supreme Court as matter of right

44
Q

what is Venue?

A

its where lawsuits must be brought

45
Q

where are civil cases brought:

A

where defendant resides

46
Q

Where are criminal cases brought:

A

where the crime is committed

47
Q

what is Forum selection?

A

is generally seen in contract law
- parties can decide where cases will be brought
- however, law that will apply is determine by other factors

48
Q

what is the litigation process?

A

pleading
discovery
pretrial motions
settlement conference
trial
appeal

49
Q

what is pleading?

A

documents filled in the record of the case to initiate and respond to lawsuit.

50
Q

what is discovery?

A

Process of obtained facts and documents relevant to the lawsuit( 6 months).
- not just limited to the parties involved

51
Q

what is subpoena?

A

Is a legal document that commands a person or entity to testify as a witness as a specified time and place and or to produce documents or there tangible objects in a legal proceedings.

52
Q

what is pretrial motions?

A

actions taken to include/ exclude evidence, force a party to act, or to resolve case without a trial

53
Q

what is settlement conference?

A

meeting with neutral third party in an attempt to resolve case prior to trial

54
Q

What is a trial?

A

presentation of facts and law to a jury in order to decide guilt in a case of criminal or civil proceedings.

55
Q

What is appeal?

A

request for a review by higher court

56
Q

what is a complaint?

A

initial pleading in a lawsuit which sets forth the basis of the lawsuit and the relief sought by the plaintiff.

57
Q

What is the answer to the complaint?

A

defendants response to the complaint which sets forth admissions, denials and defense

58
Q

What is a counterclaim ?

A

Sometimes a defendant will counter-sue the plaintiff a assert. claim or lawsuit against the plaintiff seeking recovery.

59
Q

what is a cross- claim?

A

when there is more than one defendant to a lawsuit, one defendant may assert claims against another defendant.

60
Q

What is the third party claim?

A

a defendant may determine that an unnamed party is responsible (liable) for the alleged acts in the complaint and may add the unnamed part to the lawsuit and assert claims against the third party.

61
Q

A class action lawsuit:

A

one or more members of a class may sue or be sued as representative parties on behalf of all only if:
- Numerosity
- commonality
- Typicality
- Adequacy of representation

62
Q

Numerosity:

A

the class is so numerous that joinder of all members is impracticable

63
Q

Commonality:

A

there are questions of law or fact common to class

64
Q

Typicality:

A

the claims or defenses of the representative parties are typical of the claims or defenses of the class.

65
Q

Adequacy of representation:

A

the representative parties with fairly and adequately protect the interest of the class

66
Q

Plaintiff must file motion to certify the class

A

true

67
Q

Statute of limitation:

A

time period by which a plaintiff must bring a lawsuit against the defendant. (2 to 4 years)
failure to bring lawsuit within the statute of limitation will forever bar recovery.

68
Q

State of Repose:

A

a date upon which a claim or action no longer exists, even if plaintiff has not yet been injured.
statute of repose looks back, while statute of limitation looks forward.

69
Q

5 methods of discovery:

A

-Interrogatories
-request for production of documents and things
-request for admission
-deposition

70
Q

what is interrogatories?

A

written questions from one party to another party
- 30 days to answer questions

71
Q

What is request for production of documents and thing?

A

request to a party or non party to turn over certain documents or produce a thing for inspection
-30 days to response

72
Q

What is a request for admission?

A

written requisition asking a party a admit or deny certain facts

73
Q

What is deposition?

A

oral ( but usually informal) examination and questioning of a party or non- party witness.
non-court setting
examination is under oath and transcribed by a court reporter.

74
Q

Settlement conference: Mediation

A

prior to a trial, courts require the parties to mediate with neutral third party mediator to see if the case can be settled without the need for a jury trial.

75
Q

mediation can be confidential

A

true

76
Q

Arbitration:

A

-generally informal proceeding
-neutral third party hears case in the setting of a mini trial
- witnesses testify, evidence presented
- nonjury
-final decision rendered by arbitrator
-binding on the parties
-provision found in many contacts and placed by party with leverage

77
Q

special master:

A

-provides written reports on findings
-usually an attorney with expertise in area of conflict or a retired judge
- Supreme Court has appointed one in the water wars
- generally tasked with investigating, fact findings, and application of law in complex cases
- neutral third party usually appointed by court to hear complex matters and issue a recommendation.

BUS 210 (1 decks)

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