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26 Cards in this Set
- Front
- Back
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What is the difference between a right and a duty? |
rights are the capacity of a person to perform or not perform an act. Duties are what the Law puts upon you to do or not to do |
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Define Substantive Law and Procedural Law, and the difference between the two. |
Substantive Law (Private law, public law, business law) is what creates our rights and duties. Procedural Law is how you go about enforcing Substantive Law. |
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Define Civil Law and Common Law, and explain the difference between the two. |
Common Law is the part of law that is derived from judicial precedent rather than statutes Civil Law's primary purpose is to resolve disputes and provide compensation for someone injured by someone else’s acts or behavior? |
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Recission |
Ability of a judge to invalidate a contract |
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Economic Value Ethical Orientation |
Whatever makes me money is ethical |
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Idealism (ethics) |
What the world ideally should be |
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Monism (Ethics) |
One thing is intrinsically good |
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Hedonism (Ethics) |
Behavior is acceptable because it's maximizing your pleasure |
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Pluralists (Ethics) |
There are many theories about what is right & what is wrong |
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Deontology (Ethics) |
Looks at the right or wrong aspect rather than the consequences. Equal rights to all |
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Teleology (Ethics) |
If the act produces the desired result, then the act is morally acceptable |
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Egoism (Ethics) |
Self-interested |
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Enlightened Egoists (Ethics) |
Do things not to help people, but to make themselves feel better |
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Utilitarianism (Ethics) |
Concerned with consequences Greater good for greater amount of people |
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Rule Utilitarianism (Ethics) |
Behave based on Rule |
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Rule Deontology (Ethics) |
Rules apply to every situation |
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Act Deontology (Ethics) |
Rules apply, but they base morality off of past acts |
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Justice |
Just because something's law, doesn't mean it's just (slavery) |
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Identify and explain the three kinds of Justice, and give an example for each |
1. Distributive a. Work distributed fairly b. Relationship between work 2. Procedural a. Processes produced outcome b. If 2 people make 50k, 1 person makes doublethat, but both have same jobs. What was the procedure that they make that muchmoney3. Interactional a. Looks at the interactions between employees, andtheir trust |
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White Collar Crime and it's 7 requirements |
A non-violent crime that creates victims by establishing a trust and respectability 1. Individual or a group 2. Committing illegal act in relation to employment 3. College graduate (highly educated) 4. In a position of power, trust,responsibility, and respectability 5. Within the profit or non-profit world (business) 6. Abused trust associated with that position7. For personal, organizational, or group gain |
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What is the difference between Procedural and Substantive Law? |
Substantive is the rights and duties of groups
Procedural is how those rights and duties are asserted. |
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List the Federal Court Levels from most to least powerful |
Supreme Court District court of appeals US District court Special Courts |
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In Florida, what type of case is heard in circuit courts? |
Felonies, Juvenile cases, Civil disputes over $15,000. Anything smaller than these would be handled in County Court |
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What are the two types of jurisdiction, and define them |
Subject Matter jurisdiction... Make sure it's in the right part of the courts Jurisdiction over the Parties: Must have one - IN PERSONAM, IN REM, Attachment Learn all 3 types of these |
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Diversity Jurisdiction |
An issue under constitution or something else : statecourt can apply certain federal laws to the case, but uses state procedures tohear the case. for a case to fall under diversity jurisdiction, it must fulfill at least 1 of these 3 requirements 1. Issue over 75,000 2. Plaintiff and defendant are from different states 3. Citizens of a state vs. citizens of a different country. |
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