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73 Cards in this Set
- Front
- Back
CORPORATE SOCIAL RESPONSIBILITY
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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 |
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COST BENEFIT ANALYSIS
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part of UTILITARIANISM or outbased ethics. it is a decision making technique that weighs the positive and negative effects of each alternative
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F.I.A.S.C.O.V.E.R
ETHICAL DECISION MAKING |
FACTS. ISSUES. ALTERNATIVES. STAKEHOLDERS. CODE OF CONDUCT. OUTCOMES . VALUES . EDITORIAL. RULE
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F
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FACTS
what do you know/what do you not know |
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I
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ISSUES
identify the ethical issue |
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A
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ALTERNATIVES
obvious choices other choices |
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S
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STAKEHOLDERS
ANY person affected by the decision shareholders. com. employees. customers. supplies ect |
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C
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CODE OF CONDUCT
what does the law say about this issue |
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O
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OUTCOMES
pros/cons |
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V
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VALUES
company mission statement |
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E
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EDITORIAL
how the press will react/how will you handle reaction |
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R
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RULE
how you feel about the decision/would it result in a better world |
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who is affected by the management decisions of a corporation? (5)
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management
owners suppliers community & society |
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bob, a research manager for lisen petroleum is applying the OUTCOMES portion of the COVER model, the outcome perspective says it must produce?
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the greatest good for the most people
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if chrissy reflects on the mission and vision of her company she is engaging in what part of the COVER model?
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Values
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the act of looking up the regulations is which part of the COVER model?
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CODE
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3 ways corporations demonstrate ethical behavior
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1 complying with the law (moral minimum)
2 create ethical codes 3 making money |
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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 |
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BATTERY
intentional tort against persons |
intentional tort
an unexcused, harmful or OFFENSIVE physical contact (battery completion of the assault) |
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the tort of assault differs from battery in that?
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assault requires the plaintiff to show that he or she was aware of the immediate danger
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if sandy threatens to punch you before punching and injuring you what might sandy be guilty of?
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assault and battery
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FALSE IMPRISONMENT
intentional tort against persons |
confinement or restraint of a person's activities WITHOUT justification
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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 |
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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)
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2 KINDS OF DEFAMATION
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libel
slander |
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LIBEL
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defamation in writing or some other permanent form (ex digital recording)
-written like a label- |
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SLANDER
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defamation in verbal form
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DEFENSES OF DEFAMATION
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1 truth (ABSOLUTE defense)
2 privilege (ex court proceedings) 3 opinion (protected under 1st amendment:on the news/opinion blog sites=not liable) |
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APPROPRIATION
intentional tort against persons |
the use of anothers name.likeness.or other identifying characteristic without permission for a benefit
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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
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WRONGFUL INTERFERENCE WITH A BUSINESS RELATIONSHIP
intentional tort against persons |
unreasonably interfering with another business in attempt to gain a share of the market
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example of WRONGFUL INTERFERENCE WITH A BUSINESS RELATIONSHIP
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if you are a drug rep/ sell doctor product/competitor follows you/competitor steal your business
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TRESPASS TO LAND
intentional tort against persons |
entering someone elses land WITHOUT permission/authorization
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EXAMPLES OF TRESPASS TO LAND
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1walking/driving on someones land
2shooting a gun over someones land 3throwing rocks at building |
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if you have a guest in your home who has been asked to leave but refuses is that person trespassing?
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YES
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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)
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DISPARAGEMENT OF PROPERTY
intentional tort against persons |
DEFAMATION OF PROPERTY/PRODUCT
2 types |
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2 TYPES OF DEFAMATION OF PROPERTY/PRODUCT
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SLANDER OF TITLE
SLANDER OF QUALITY |
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SLANDER OF TITLE
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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)
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SLANDER OF QUALITY
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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) |
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4 ELEMENTS OF NEGLIGENCE
unintentional torts |
1 duty
2 breach 3 causation 4 damages |
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DUTY
ELEMENTS OF NEGLIGENCE |
defendant owed a duty of care to plaintiff
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BREACH
ELEMENTS OF NEGLIGENCE |
defendant breached the duty
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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 |
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DAMAGES
ELEMENTS OF NEGLIGENCE |
injury suffered is legally recognized
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REASONABLE PERSON STANDARD
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measurement of negligence
duty that was owed AVERAGE PERSON DOES NOT HAVE A DUTY TO RESCUE |
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DUTY OF PROFESSIONALS
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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)
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CONVERSION
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permanent
take something and intend to give it back IS STILL CONVERSION |
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DEFENSE OF NEGLIGENCE 4
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1 ASSUMPTION OF RISK
2 CONTRIBUTORY NEGLIGENCE 3 COMPARATIVE NEGLIGENCE 4 SUPERSEDING CAUSE |
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ASSUMPTION OF RISK
DEFENSE OF NEGLIGENCE |
plaintiff who voluntarily enters a risky situation, who knows risks involved may not recover damages
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CONTRIBUTORY NEGLIGENCE
DEFENSE OF NEGLIGENCE |
if the plaintiff IN ANY WAY contributed to his own harm he is liable to recover NOTHING
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COMPARATIVE NEGLIGENCE
DEFENSE OF NEGLIGENCE |
compares the fault of both parties. plaintiff recovers is reduced by the amount he is at fault for
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SUPERSEDING CAUSE
DEFENSE OF NEGLIGENCE |
unforeseeable event
good Samaritan clause |
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GOOD SAMARITAN CLAUSE
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relives the defendant of liability if injury happens while helping someone
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is voluntary intoxication a defense for negligence ?
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NO
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STRICT LIABILITY
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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
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FELONIES
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punishable by imprisonment for more than a 1 year
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MISDEMEANORS
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punishable by fine or jail for less than 1 year
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PETTY OFFENSES
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punishable by small fines and or jail of less than 6 months
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LARCENY (THEFT/STEALING)
crime |
unlawful taking and carrying away of someones elses personal property with the intent to permanently deprive the owner of possession
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EXAMPLES OF LARCENY
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1 taking a company suppies
2 stealing computer programs 3 computer time 4 theft of TV service |
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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)
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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)
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BRIBERY
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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.
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MONEY LAUNDERING
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engaging in financial transactions to hide the identity. source, or destination of illegally gained funds (ex HIDING MONEY GAINED FROM ILLEGAL GAMBLING)
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SELF DEFENSE
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privilege to protect yourself or your property against injury. usually applies only to force that is REASONABLY NECESSARY
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THE MOST COMMON DEFENSE TO BATTERY IS?
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SELF DEFENSE
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DURESS
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wrongful threat from one person forces another person to perform an act that they would NOT otherwise perform
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DEFENSES TO CRIMINAL LIABILITY
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1 SELF DEFENSE
2 DURESS 3 RICO 4 THE MIRANDA RULE |
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RICO
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attempt to outlaw organized crime (RACKETEERING-extortion.blackmail etc.)
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GUILTY OF RACKETEERING
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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 |
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THE MIRANDA RULE
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miranda vs arizona
person taken into custody must be informed of rights: RIGHT TO REMAIN SILENT RIGHT TO COUNCIL |
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COUNTERFEIT ACCESS DEVICE AND COMPUTER FRAUD AND ABUSE ACT OF 1984
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focuses on accessing government information protected for national defense of foreign relations (restricted information)
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