Legal Env Of Bus Ch. 1, 2, 5, 8

Front 1

_________ __________ _______ is the ability to understand the structure of an argument and apply a set of evaluative criteria to assess its merits. p.2

Back 1

Critical thinking skills

Front 2

______ is a position of stance on an issue; the goal toward which reasoning pushes us. pp. 3

Back 2

conclusion

Front 3

What are the two methods of response for business firms which encouter decisions/conclusions? pp. 3

Back 3

1. memorize the conclusions/rules of law as guide for future business decisions
2. make judgments about the quality of the conclusions.

Front 4

What is the focus of critical thinking? pp. 3

Back 4

focus on the quality of someone's reasoning; quality of link between someone's reasons and conclusions.

Front 5

What are the eight steps to legal reasoning? pp. 3

Back 5

1. What are the facts
2. What is the issue?
3. What are the reasons and conclusion?
4. What are the relevant rules of law?
5. Does the legal argument contain significant ambiguity?
6. What ethical norms are fundamental to the court's reasoning?
7. How appropriate are the legal analogies?
8. Is ther relevant missing information?

Front 6

What is the key to spotting issues in legal decisions? pp. 10

Back 6

Ask yourself: What question do the parties want the court to answer?

Front 7

What are the four primary ethical norms? pp. 8

Back 7

freedom, security, justice, efficiency

Front 8

Ethical norms are the _____ __ _____________ we most want to see observed by our children and our neighbors. pp. 11

Back 8

standards of conduct

Front 9

What is included in the term 'legal environment of business' pp. 17

Back 9

1. study of legal reasoning, ethical thought which interacts with the law
2. study of legal process and our legal system
3. administrative law process
4. study of specifically selected areas (labor, product liability, securities regulation)
5. examine intl dimensions of legal env of law

Front 10

What is jurisprudence? pp. 17

Back 10

science or philosophy of law, or law in its more generalized form

Front 11

What are the seven accepted schools of legal thought? pp. 18

Back 11

natural law school
positivist school
sociological school
American realist school
Critical legal studies school
Feminist school
Law and economics school

Front 12

What are the four concepts of the natural law school of jurisprudence? pp. 18

Back 12

1. certain legal values/judgments exist
2. these are unchanging bc source is absolute
3. they can be determined by human reason
4. once determined, they supersede human law

Front 13

An ________ law [in natural law school of jurisprudence] is a code that a majority inflicts on a minority but that is not binding on the majority itself. pp. 18

Back 13

unjust

Front 14

What are the three concepts within the positivist school of jurisprudence? pp. 19

Back 14

1. law is the expression of the will of legislator/sovereign
2. morals are separate from law and should not be considered in making legal decisions
3. law is a closed logical system in which correct legal decisions are reached solely by logic and use of precedents

Front 15

Which school of jurisprudence requires a legislator/judge to familiarize themselves with community and rule in conformity with those standards and mores? pp. 19

Back 15

sociological school

Front 16

Which school of jurisprudence emphasizes the actors in the judicial system to determine the meaning of law? pp. 20

Back 16

american realist school

Front 17

Which school of jurisprudence is primarily considered negative and connects the legal system to the political-economic context. pp. 20

Back 17

critical legal studies school

Front 18

What are the three direct sources or law and one indirect source afforded by the U.S. Constitution? pp. 21

Back 18

legislative - maker of laws
executive - enforcer of laws
judicial - interpreter of laws
administrative agencies - indirect source of law

Front 19

What are reporters? pp. 24

Back 19

large volumes which hold case interpretations; compilation of our federal and state case law

Front 20

Which decision establishes case law precedents? pp. 24

Back 20

Marbury v. Madison

Front 21

What are restatements of the law? pp. 24

Back 21

summaries of the case law - secondary sources

Front 22

What are the two sources of laws given by the executive branch? pp. 25

Back 22

treaty making
executive orders

Front 23

What is the Federal Register? pp. 25

Back 23

proposed and final rules of administrative agencies

Front 24

What are the different classifications of laws? pp. 26

Back 24

statutory law
case law
criminal law
civil law
public law
private law
substantive law
procedural law
cyberlaw

Front 25

Who are the parties in a criminal law case? Civil law?

Back 25

Criminal law - county, city, state or federal vs. indiv
Civil - individual or corporate plaintiff vs. indiv or corp defendant

Front 26

What is the burden of proof required in a criminal law case? In a civil law case? pp. 26

Back 26

beyond a reasonable doubt vs. preponderance of evidence

Front 27

What is public law? pp. 27

Back 27

Relationship of government to individual citizens

Front 28

Which law classification does contracts, torts and property law fall into? pp. 27

Back 28

private law

Front 29

_____________ __________ creates and regulates legal rights. _____ _________ sets forth the rules for enforcingg substantive rights in a court of law.

Back 29

substantive law
procedural law

Front 30

What is federalism? pp. 99

Back 30

A system of government in which power is divided between a central authority and constituent political units.

Front 31

What is the supremacy clause (Article VI of Constitution)? pp. 100

Back 31

Provides that the U.S. Constitution and all laws and treaties of the United States constitute the supreme law of the land; found in Article VI.

Front 32

What is the principle called which states that any state or local law that directly conflicts with the federal Constitution or treatise is void? p. 100

Back 32

federal supremacy

Front 33

What is federal preemption? pp. 100

Back 33

doctrine which says that if state law conflicts with federal law, state law can be struck down

Front 34

If a state law directly conflicts with a federal law it is invalid under the ___________. If the state law attempts to regulate in an area where federal law is so pervasive that Congress intended only federal regulation in that area it is invalid under __________. pp. 101

Back 34

supremacy clause
federal preemption

Front 35

Which clause of the constitution provides the basis for the federal regulation of business? p. 104

Back 35

Commerce Clause - Article 1 of Constitution

Front 36

What is police power? p. 110

Back 36

Police power means the residual powers retained by the state to enact legislation to safeguard the health and welfare of its citizenry.

Front 37

What two-pronged test have the courts applied regarding state-enacted legislation which affects interstate commerce? p. 110

Back 37

1. is the regulation rationally related to a legimitate stat eend?
2. if so, is it outweighed by burden imposed on interstate commerce?

If #2 is yes then strike down legislation.

Front 38

Many of the first 10 amendments have also been held to apply to corporate because, in most cases, they are treated as __________ ______________. p. 114

Back 38

artificial persons

Front 39

What is the fifth amendment? pp. 123

Back 39

protects individuals against self-incrimination and double jeopardy and guarantees them the right to trial by jury; protects individuals and businesses through Due Process Clause and the Takings Clause.

Front 40

What is the Due Process Clause? pp. 123

Back 40

Provides that no one can be deprived of life, liberty, or property without 'due process of law' (5th amendment)

Front 41

What is procedural due process? pp. 123

Back 41

procedural steps to which individuals are entitled before losing their life, liberty, or property.

Front 42

What are the two types of due process in the fifth amendment? pp. 123

Back 42

procedural (entitled procedural steps) and substantive (laws are fair which deprive individuals of liberty)

Front 43

What is the Takings clause? pp. 124

Back 43

if the government takes private property for public use, it must pay the owner just compensation - 5th amendment

Front 44

Of Self-incrimination, due process, and provision of just compensation which does not apply to corporations? pp. 124

Back 44

self-incrimination

Front 45

Why is the fourteenth amendment important? pp. 128

Back 45

applies Due Process Clause to state governments

Front 46

What are the three theories of ethical thought? pp. 206

Back 46

Consequential theories
Deontological theories
Humanist theories

Front 47

What are the two subschools of the utilitarian school of thought within the consequential theory? pp. 206

Back 47

act utilitarianism, rule utilitarianism

Front 48

What is the consequential theory of ethical thought? pp. 206

Back 48

judge acts as ethically good or bad based on whether the acts have achieved their desired results

Front 49

What is the diff between act and rule utilitarianism within the consequential theory of ethical thought? pp. 207

Back 49

act utilitarians determine if action is right or wrong on basis of individual act along and not other activities; rule utilitarianism argue that an act is right if rule has been established by political representatives must be followed and should serve as a standard in the evaluation of similar acts.

Front 50

Both act and rule utilitarians focus on _____ and not on the question of verifying whether an act is ______. pp. 207

Back 50

consequences of an act
good or bad

Front 51

This theory has "do unto others as you would have them do unto you" as the hallmark. pp. 208

Back 51

deontological theory of ethical thought

Front 52

What is the humanist theory of ethical thought? pp. 208

Back 52

evaluates actions as ethically good or bad depending on what they contribute to improving inherent human capacities such as intelligence, wisdom, and self-restraint

Front 53

Whiy are trade associations not effective disciplinarians of an industry? pp. 211

Back 53

because generally they have not been effective in monitoring violations and bc membership dues support their work

Front 54

What are the five views of social responsibility? p. 216

Back 54

profit oriented, managerial, institutional, professional obligation, and regulation

Front 55

Which school of social responsibility holds that business entities are distinct organizations in our society whose sole purpose is to increase profits for shareholders? pp. 217

Back 55

profit-oriented school

Front 56

Which school of social responsibility advocates that business entities have a number of groups to deal with - stockholders, employees, customers, etc. who may make claims on the entities resources

Back 56

managerial

Front 57

Which school of social responsibility says that business entities must act in a way that benefits all of society?

Back 57

institutional school

Front 58

Which school of social responsibility says that businesses must certify managers as "professional" before they take such responsibilityes since they have a responsibility to the public beyond profit? pp. 217

Back 58

professional obligation school

Front 59

Which school of social responsibility says that all business nuits are accountable to elected officials? p. 217

Back 59

regulation school