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38 Cards in this Set
- Front
- Back
What are ethics?
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Ethics govern our conduct
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What are Characterstics of Teleogical Thinkers?
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Result oriented, Work Backkwards
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Egoist?
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Moraly right if good to me & less harm to party you're helping
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Utilitarian
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Morally right if good for group than harm to individual
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Deontilogical
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Duty based, don't worry about result,
Good Will Thinker Primafacia Obligation Primary or Superior |
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Socially Responsible
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Good corporate citizen
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Pure Profit Maximization
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no acts to decrease profit
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median of socially responsible and Pure Profit Maximization
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Business use social ersponsibility to maximize proft (when businesses such as banks sponsor events)
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Court Structure (3)
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Cours of Original jurisdiction
Appelate court Supreme Court |
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How mayn appellate Panelse are there?
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5
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What is determined at trial leve Appelate?
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Law & procedure, it does not get into legal facts
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4 ruls of geting into court system
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Standing-your fight
ripeness-Federal and state court federal question- federal matters go to federal court diversity- citizens of litagants must be in different states, more than $75,000 in controversy |
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What happens in pleading phase of litigation process?
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Complaint filed, gives facts of what occured, petition served
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what 3 options does def. have after being served?
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Do nothing, File a motion for court to step in and make a judgement, or answer the complaint
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What 3 answers can be made to complaint?
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Conterclam, Cross claim, Third party Claim
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What is a Deposition?
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Put uner oath and tell story (facts)
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what are 4 parts to Discovery?
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Deposition, innergatories, request to produce, request to admit
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What are teh parts to a trial phase?
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qualified jury, opening statement, closing argument, Deliberation, make judgement
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What is key in Civil Case?
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Burden of proof is by propanderance of evidence
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Key to judgement if criminal case?
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Beyond reasonable doub to convict
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Arbitration is typically what?
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Typically Binding
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How many arbitrators are there typically?
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3, fast and efficienti experts decides case
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Mediation is typically what?
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non-binding and no apperance of impropriorty
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What is a mini trial?
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Hire retired judge and he gives a statement of how he would rule in the case
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What is Federalism
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Delegated Powers
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What are the 3 seperations of powers
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Legislative, executive, and judicial
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What is the Supremacy clause?
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preimption doctorine, Federal is supreme to inconsistant state law, state law trumps municiapl law
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What is Intersate Commerce
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Crosses 2 different states
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Intrastate commerce?
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Within the State
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What 4 ways is commerce regulated
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Health, Safety, Wellfare, Morality
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1st amm. (bill of rights)
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Free speech (political not commercial)
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4th amm.
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unreasonable search and seizure
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5th amm.
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Cannot be compelled to testify against yourself
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6th amm.
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Right to a speedy trial
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7th amm.
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Righit to a jury trial
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8th amm.
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No Excessive Fines
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14th. amm
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Due Process, Must be non-arbitrary with notice and right to be heard
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2 cases of Taxation
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The Hammer (have yo pay the tax) or Incentive Clause
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