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38 Cards in this Set

  • Front
  • Back
What are ethics?
Ethics govern our conduct
What are Characterstics of Teleogical Thinkers?
Result oriented, Work Backkwards
Moraly right if good to me & less harm to party you're helping
Morally right if good for group than harm to individual
Duty based, don't worry about result,

Good Will Thinker

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