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73 Cards in this Set

  • Front
  • Back
CORPORATE SOCIAL RESPONSIBILITY
corporations should act ethnically. they are accountable to society for their actions.
Corp concerned about how they can best fulfill the duty the have to society
COST BENEFIT ANALYSIS
part of UTILITARIANISM or outbased ethics. it is a decision making technique that weighs the positive and negative effects of each alternative
F.I.A.S.C.O.V.E.R
ETHICAL DECISION MAKING
FACTS. ISSUES. ALTERNATIVES. STAKEHOLDERS. CODE OF CONDUCT. OUTCOMES . VALUES . EDITORIAL. RULE
F
FACTS
what do you know/what do you not know
I
ISSUES
identify the ethical issue
A
ALTERNATIVES
obvious choices
other choices
S
STAKEHOLDERS
ANY person affected by the decision
shareholders. com. employees. customers. supplies ect
C
CODE OF CONDUCT
what does the law say about this issue
O
OUTCOMES
pros/cons
V
VALUES
company mission statement
E
EDITORIAL
how the press will react/how will you handle reaction
R
RULE
how you feel about the decision/would it result in a better world
who is affected by the management decisions of a corporation? (5)
management
owners
suppliers
community & society
bob, a research manager for lisen petroleum is applying the OUTCOMES portion of the COVER model, the outcome perspective says it must produce?
the greatest good for the most people
if chrissy reflects on the mission and vision of her company she is engaging in what part of the COVER model?
Values
the act of looking up the regulations is which part of the COVER model?
CODE
3 ways corporations demonstrate ethical behavior
1 complying with the law (moral minimum)
2 create ethical codes
3 making money
ASSAULT

intentional tort against persons
intentional tort
words or actions that create a reasonable apprehension or fear of immediate physical harm DOES NOT REQUIRE ACTUAL PHYSICAL CONTACT
BATTERY

intentional tort against persons
intentional tort
an unexcused, harmful or OFFENSIVE physical contact
(battery completion of the assault)
the tort of assault differs from battery in that?
assault requires the plaintiff to show that he or she was aware of the immediate danger
if sandy threatens to punch you before punching and injuring you what might sandy be guilty of?
assault and battery
FALSE IMPRISONMENT

intentional tort against persons
confinement or restraint of a person's activities WITHOUT justification
FALSE IMPRISONMENT
MERCHANTS
can use reasonable force to detain shoplifters
person can be held for REASONABLE TIME in a REASONABLE MANNER
merchants failure to comply to time/manner=liable
DEFAMATION

intentional tort against persons
false statements about others that cause injury to another good name or reputation . must be communicated to a third party (oral or published)
2 KINDS OF DEFAMATION
libel
slander
LIBEL
defamation in writing or some other permanent form (ex digital recording)
-written like a label-
SLANDER
defamation in verbal form
DEFENSES OF DEFAMATION
1 truth (ABSOLUTE defense)
2 privilege (ex court proceedings)
3 opinion (protected under 1st amendment:on the news/opinion blog sites=not liable)
APPROPRIATION

intentional tort against persons
the use of anothers name.likeness.or other identifying characteristic without permission for a benefit
5 ELEMENTS OF FRAUD
(which of these is not a element of fraud...)

intentional tort against persons
1 misrepresentation of facts 2 intent to deceive other party 3 justifiable reliance by the deceived party 4 injury/damages suffered by deceived party as result of reliance 5 casual connection
WRONGFUL INTERFERENCE WITH A BUSINESS RELATIONSHIP

intentional tort against persons
unreasonably interfering with another business in attempt to gain a share of the market
example of WRONGFUL INTERFERENCE WITH A BUSINESS RELATIONSHIP
if you are a drug rep/ sell doctor product/competitor follows you/competitor steal your business
TRESPASS TO LAND


intentional tort against persons
entering someone elses land WITHOUT permission/authorization
EXAMPLES OF TRESPASS TO LAND
1walking/driving on someones land
2shooting a gun over someones land
3throwing rocks at building
if you have a guest in your home who has been asked to leave but refuses is that person trespassing?
YES
TRESPASS TO PERSONAL PROPERTY


intentional tort against persons
wrongfully taking or harming the personal property of another OR interfering with the owners possession of personal property (hiding roommates text book the week of exam)
DISPARAGEMENT OF PROPERTY

intentional tort against persons
DEFAMATION OF PROPERTY/PRODUCT
2 types
2 TYPES OF DEFAMATION OF PROPERTY/PRODUCT
SLANDER OF TITLE
SLANDER OF QUALITY
SLANDER OF TITLE
publication of a statement that denies/casts doubt on anothers legal ownership of property and the owner suffers a financial loss as result (car dealer/competitor publishes a notice that dealers cars are stolen cars)
SLANDER OF QUALITY
trade libel
false info about anothers product, alleging its not what its seller claims (must prove 3rd part refrained from dealing with party and lost profits)
4 ELEMENTS OF NEGLIGENCE

unintentional torts
1 duty
2 breach
3 causation
4 damages
DUTY
ELEMENTS OF NEGLIGENCE
defendant owed a duty of care to plaintiff
BREACH
ELEMENTS OF NEGLIGENCE
defendant breached the duty
CAUSATION
ELEMENTS OF NEGLIGENCE
defendant breach caused plaintiff to suffer injury
CAUSE IN FACT: did injury occur bc of breach or would it have happen anyways
PROXIMATE CAUSE: legal cause
DAMAGES
ELEMENTS OF NEGLIGENCE
injury suffered is legally recognized
REASONABLE PERSON STANDARD
measurement of negligence
duty that was owed
AVERAGE PERSON DOES NOT HAVE A DUTY TO RESCUE
DUTY OF PROFESSIONALS
doctors.lawyers.etc are required to have a certain level of knowledge and training as such a higher standard of care applies (a lawyer would be held to the standard of a REASONABLE lawyer)
CONVERSION
permanent
take something and intend to give it back IS STILL CONVERSION
DEFENSE OF NEGLIGENCE 4
1 ASSUMPTION OF RISK
2 CONTRIBUTORY NEGLIGENCE
3 COMPARATIVE NEGLIGENCE
4 SUPERSEDING CAUSE
ASSUMPTION OF RISK


DEFENSE OF NEGLIGENCE
plaintiff who voluntarily enters a risky situation, who knows risks involved may not recover damages
CONTRIBUTORY NEGLIGENCE


DEFENSE OF NEGLIGENCE
if the plaintiff IN ANY WAY contributed to his own harm he is liable to recover NOTHING
COMPARATIVE NEGLIGENCE


DEFENSE OF NEGLIGENCE
compares the fault of both parties. plaintiff recovers is reduced by the amount he is at fault for
SUPERSEDING CAUSE


DEFENSE OF NEGLIGENCE
unforeseeable event

good Samaritan clause
GOOD SAMARITAN CLAUSE
relives the defendant of liability if injury happens while helping someone
is voluntary intoxication a defense for negligence ?
NO
STRICT LIABILITY
a person who engages in certain activities is responsible for any harm that results to others even if the person used care (dangerous activites:dynamite blowing/ wild animals) ALWAYS AT FAULT
FELONIES
punishable by imprisonment for more than a 1 year
MISDEMEANORS
punishable by fine or jail for less than 1 year
PETTY OFFENSES
punishable by small fines and or jail of less than 6 months
LARCENY (THEFT/STEALING)


crime
unlawful taking and carrying away of someones elses personal property with the intent to permanently deprive the owner of possession
EXAMPLES OF LARCENY
1 taking a company suppies
2 stealing computer programs
3 computer time
4 theft of TV service
FORGERY


crime
fraudulent making or altering of any writing (including electronic records) in a way that changes the legal right of liabilities of another (ex: signing a check with someone elses signature WITHOUT their permission)
EMBEZZLEMENT


crime
FRAUDULENT APPROPRIATION of funds or other property by a person who the goods were entrusted to (ex: bank teller taking money from own drawer of customer accounts)
BRIBERY
offering to give something of value to someone in attempt to influence that person to gain advantage. crime committed when bribe is OFFERED not required fro it to be accepted.
MONEY LAUNDERING
engaging in financial transactions to hide the identity. source, or destination of illegally gained funds (ex HIDING MONEY GAINED FROM ILLEGAL GAMBLING)
SELF DEFENSE
privilege to protect yourself or your property against injury. usually applies only to force that is REASONABLY NECESSARY
THE MOST COMMON DEFENSE TO BATTERY IS?
SELF DEFENSE
DURESS
wrongful threat from one person forces another person to perform an act that they would NOT otherwise perform
DEFENSES TO CRIMINAL LIABILITY
1 SELF DEFENSE
2 DURESS
3 RICO
4 THE MIRANDA RULE
RICO
attempt to outlaw organized crime (RACKETEERING-extortion.blackmail etc.)
GUILTY OF RACKETEERING
if party commits 2 or more federal or state crimes
PUNISHMENTS: 1fine 2prison 3required to forfeit assets 4 forced to close business 5forced to sell business or assessts
THE MIRANDA RULE
miranda vs arizona
person taken into custody must be informed of rights:
RIGHT TO REMAIN SILENT
RIGHT TO COUNCIL
COUNTERFEIT ACCESS DEVICE AND COMPUTER FRAUD AND ABUSE ACT OF 1984
focuses on accessing government information protected for national defense of foreign relations (restricted information)