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76 Cards in this Set

  • Front
  • Back
Administrative Agency
unit of executive branch established by statute responsible for enforcing laws
Administrative Agency
unit of executive branch established by statute responsible for enforcing laws
Administrative Law
rules and regulations created by executive branch
Bill of Rights
first 10 ammendments of the constitution
Commerce Clause
congress has sole authority to regulate almost all trade
Common Law
tradition set of laws based upon precedent
Constitutional Law
fundamental laws from state and federal constitution that establish authority for government & organize the government
Defendant
party responding to a legal action
Equitable Principles and Maxims
common law philosphies introduce concepts of fairness and justice
Law
Enforceable rules governing society
Plantiff
party bringing forth legal action
Precedent
previous legal decision
Administrative Law
rules and regulations created by executive branch
Bill of Rights
first 10 ammendments of the constitution
Commerce Clause
congress has sole authority to regulate almost all trade
Common Law
tradition set of laws based upon precedent
Constitutional Law
fundamental laws from state and federal constitution that establish authority for government & organize the government
Defendant
party responding to a legal action
Equitable Principles and Maxims
common law philosphies introduce concepts of fairness and justice
Law
Enforceable rules governing society
Plantiff
party bringing forth legal action
Precedent
previous legal decision
Remedies at Law
money or property to pay for damages
Remedies at Equity
solutions generating a fair and just response
Stare Decisis
common law priciple by which precedents within jurisdiction become binding
Statutory Law
laws set forth by legislative bodies
Example of Administrative Agency
FDA
Example of Administrative Law
Nutritional Facts
Example of Common Law
Roe V Wage: abortion rights
Example of Constitutional Law
Bill of Rights
Example of Precedent
Roe V Wade
Example of Statutory Law
Having car insurance
means
method of achieving a goal
end
outcome
business ethics
right and wrong behavior in business
ethics
right and wrong behavior in society
Categorical Imperative
developed by Immanuel Kant as an ethical guideline for behavior
Questions asked about Categorical Imperative
1. What would it be like if everyone made the same ethical choice being considered?
2. Are people being used as a means to an end
Outcome Based Ethics
1. concerned with society
2. Cost Benefit analysis
3. Measures outcomes in "goods" and "bads"
4. ends justifies the means
Duty Based Ethics
1. Individual
2. Categorical Imperative
3. Rights and Duties
4. The means will never justify the ends
rights
things to which a party is entitled
Duties
things to which a party is obligated
Cost Benefit Analysis
decision making technique involves weighing the cost og a given action agains the benefits of that action
Moral Minimum/Moral Standard
law is the absolute minimum standard for ethical behavior in business
Utilitarianism
outcome oriented focus on consequence of action
Justice Theory: 4 Ethical Questions
1. Is it legal
2. Is it balanced? (are you thinking about the impact of your decision)
3. who are the winners and losers? ( what is the effect of the decision)
4. How does it make me feel about myself
Why should business' behave ethically
to make more money
Principle of Rights
all individuals have rights and rights have corresponding duties
Litigation
settling a dispute through the court process
Discovery
the process by which litigates gather information and evidence from one another
What is an example of discovery?
documents, emails, invoices, tax returns, testimony
ADR
1. Negotiation
2. Mediation
3. Arbritration
Negotiation
parties resolvek dispute among themselves
Mediation
parties resolve dispute among themselves with help of nuetral 3rd party
Abritration
neutral 3rd party resolves a dispute
Non-binding arbritration
parties don't have to agree with arbritration
Binding Arbritration
parties HAVE to do what arbritrator says
Diversity of Citizenship
State Cases that are tried in federal courts`
3 reasons for Diversity of Citizenship
1. foreign nations vs. us citizen
2. foreign citizen vs. us citizen
3. 2 us citizens from different states state case
Example of Federal matter
Bankruptcy
Example of state matter
family or probate
jurisdiction
which court sustem has the authority to hear and decide a case
venue
where a trial takes place
litigation
the process of resolving a dispute through the court system
Long arm statute
process by which states asserts jurisdiction over a noncitizen
inrem
property jurisdiction
inpersonam
persons jurisdiction-minimum contact
judicial review
common law principle by which court interprets law
state jurisdiction
state may assert jurisdiction over property within its border
Rule of 4
before a case brought before US Supreme Court 4 justices have to agree to hear a case
Small Claims Court
1. under $5,000
2. Minor Disputes
3. No lawyer
4. automatically appealed to District Court
Standing to Sue
in order to sue another party plantiff must have suffered a loss at stake
4 sources of Primary law
1. Constitutional law
2. Statutory Law
3. Administrative Law
4. Common Law
Trial Court
facts and law
Apellate Court
law only
Which court is the final authority with regard to federal matters?
US Supreme Court