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37 Cards in this Set

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Ethics

A set of moral principles or values that governs the conduct of an individual or group.

Principles and values

Ethical fundamentalism

A theory of ethics that says a person looks to an outside source for ethical rules or commands.

Example is bible

Utilitarianism

A moral theory stating that people must choose the action or follow the rule that provides the greatest good to society.

Greatest good.

Kantian ethics (Duty ethics)

A moral theory stating that people owe moral duties that are based on universal rules, such as the categorical imperative "Do unto others as you would have them do unto you."

Universal rules

Ethical Relativism

A moral theory stating that individuals must decide what is ethical based on their own feelings about what is right and wrong.

Right and wrong.

Rawl's social justice theory

A moral theory asserting that fairness is the essence of justice. The theory says that each person is presumed to have entered into a social contract with all others in society to obey moral rules that are necessary for people to live iin peace and harmony.

Social Contract

Social Responsibility

A theory stating that corporations and businesses should act with awareness of their consequences and impact that their decisons will have on others.

Concious deicsons.

Maximizing profits

A theory of social responsibility stating that a corporation's duty is to make profit.

Responsibility of profit

Moral Minimum

A theory of social responsibility stating that a corporation's duty is to make a profit while avoiding causing harm to others.

Profit without harm.

Section 406 of the Sarbanes-Oxley Act

A section of the act that requires a public company to disclose whether it has adopted a code of ethics for senior financial officers.

Code of ethics.

Stakeholder interest

A theory of social responibility stating that a corporation must consider the effects that its actions have on persons other than its stakeholders.

Not just stakeholders.

Corporate citizenship

A theory of social responsibility stating that a business has a responsibility to do good.

Do good.

Law

That which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force.

Functions of Law

Keep the peace. Shape moral standards. Promote social justice. Maintain the status quo. Facilitate orderly change. Provide a basis for compromise. Maximize individual freedom.

8

Jurisprudence

The philosophy of science of law.

Natural Law School

Law is based on what is "correct".

Historical School

Law is aggregate of social traditions and customs that have developed over centuries.

Analytical School

Law is shaped by logic.

Sociological School

Law is a means of achieving and advancing certain sociological goals.

Command school

Law is a set of rules deveoped, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history ,logic, or sociology.

Critical Legal Studies School

Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness.

Law and Economics School

Believes that promoting market effciency should be the central concern of the legal decison making.

English Common Law

Law developed by judges who issue their opinions when deciding a case. The principles announced in these cases became precedent for later judges deciding similar cases.

Constitution of the United States of America

The supreme law of the United States.

Treaty

A compact made between two or more nations.

Statute

Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that soverned parties must adhere to.

Ordinance

Law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts.

Executive order

An order issued by a member of the executive branch of the government.

Administrative agencies

Agencies (such as the Securities and Exchange Commission) that the legislative and executive branches of the federal and state goverments are empowered to establish.

Judicial decision

A decison about an individual lawsuit issued by a federal or state court.

Precedent

A rule of law established in a court decision. Lower courts must follow the precedent estabished by higher courts.

Stare decisis

Latin for "to stand by the decision." Adherence to precedent.

Socratic method

A process that consists of a series of questions and answers and a give-and-take inquiry and debate between a professor and students.

IRAC method

A method used to examine a law case. IRAC is an acronym that stands for issue, rule, application, and conclusion.

Legislative branch

Congress. Has the power to make the law.

Executive branch.

President. Had the power to enforce the law.

Judicial branch

Courts. Has the power to interpret and determine the validity of law.