Legal Environment Of Business

Front 1

Utilitarianism

Back 1

Maximize benefits, minimize harm

Front 2

Stare Decisis

Back 2

Ruling of a current case based on previous similar cases

Front 3

Judicial Review

Back 3

Process where judiciary can decide, among other things, whether a law or action by the other branches is constitutional

Front 4

Burden of Proof

Back 4

Crime - Beyond a reasonable doubt

Civil - Preponderance of evidence

Front 5

Self Defense

Back 5

Amount of force reasonably necessary to protect dwellings/self

Front 6

Use of deadly force

Back 6

Only to prevent imminent death or grievous bodily injury

Front 7

Necessity

Back 7

Showing that a criminal act was necessary to prevent even greater harm

Front 8

Insanity

Back 8

Suffers from mental illness and may be incapable of the state of mind required to commit a crime

Front 9

Duress

Back 9

Action brought to bear on someone to do something against their will or better judgement (no other choice but to commit act)

Front 10

Mistake

Back 10

Mistake of fact, NOT of law

Front 11

Entrapment

Back 11

Officers and agents cannot entice a person to commit a crime to later prosecute that person

Front 12

Statute of Limitations

Back 12

State must initiate criminal prosecution within a certain number of days

Front 13

Immunity

Back 13

Privilege against self-incrimination

Front 14

Jurisdiction

Back 14

Power to hear the case

Front 15

In Personam

Back 15

Case dealing with people

Front 16

In Rem

Back 16

Case dealing with property

Front 17

Jurisdiction of Federal Courts

Back 17

1. Diversity of citizenship - plaintiff and defendant must be residents of different states

2. Federal Question

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Federal Question

Back 18

Plaintiff had to have alleged a violation of the US Consitution

Front 19

4th Amendment

Back 19

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Front 20

5th Amendment

Back 20

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Cannot incriminate self)

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6th Amendment

Back 21

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. (Right to a trial)

Front 22

Sources of American Law

Back 22

1. The U.S Constitution and consitution's of various states.

2. Statutory Law - Including laws passed by Congress, state legislatures, or local governing bodies.

3. Regulations created by administrative agencies, such as the Food and Drug Administration.

4. Case law and common law doctrine.

Front 23

Mens Rea

Back 23

Mental state a person must be in while committing a crime (intent to break the law)

Front 24

Actus Rea

Back 24

A prohibited act

Front 25

Negligence

Back 25

A person takes unjustified, substantial and foreseeable risk that results in harm

Front 26

Reckless

Back 26

Conscious disregard of a substantial and unjustified risk

Front 27

Strict Liability

Back 27

Finding of a fault. Only have to prove it happened; Implied to situations it considers to be inherently dangerous

Front 28

Violent Crimes

Back 28

1. Robbery - Taking of money, personal property by force or fear

2. Assault - Intentional threat of immediate harm or offensive

3. Battery - Act of assault (actually hitting someone)

Simple Assault = Misdemeanor

Aggravated Assault = Felony

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Property Crimes

Back 29

1. Burglary

2. Larceny

3. Theft (Grand Theft & Petty Theft

4. Receiving stolen goods

5. Arson

6. Forgery

Front 30

Burglary

Back 30

B&E of a dwelling of another with intent to commit a crime

Front 31

Larceny

Back 31

Unlawful taking, stealing, theft without force or fear

Front 32

Grand Theft

Back 32

Over $1,000

($1,000-$2,500 = Class 6 Felony)

Front 33

Petty Theft

Back 33

Small quantity of cash or low-value goods

Front 34

Receiving Stolen Goods

Back 34

Should've known goods were stolen

Front 35

Arson

Back 35

Malicious burning of a property

Front 36

Forgery

Back 36

Fraudulent making or altering of any writing in a way that changes the legal rights & liabilities of another

Front 37

Public Order Crimes

Back 37

Crimes considered contrary to public values and morals

Front 38

White Collar Crimes

Back 38

1. Embezzlement - Person entrusted with another person's property & fraudulently appropriates it

2. Bribery - Offering to give something of value to a person in an attempt to influence that person

3. Insider trading - Individual who obtains "inside information" about plans of a publicly traded company

Front 39

Organized Crime

Back 39

Operates illegitimately by providing illegal goods or services.

1. Money Laundering - Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds

2. Racketeering - Criminal acts performed to benefit an organization such as a crime syndicate

Front 40

Venue

Back 40

Most appropriate place to sue

Front 41

Felony

Back 41

Punishable by death or imprisonment for more than one year

Front 42

Misdemeanor

Back 42

Less serious crimes, punishable by a fine or a confinement for up to a year

Front 43

Petty Offense

Back 43

Minor violations considered to be a subset of misdemeanors

Front 44

State Courts

Back 44

Magistrate courts (small claims) - Circuit Court - Appellate Court -State Supreme Court

Front 45

Federal Courts

Back 45

U.S District Courts - Federal Court of Appeals - US Supreme Courts

Front 46

How much must be sued for to make it to a federal court system?

Back 46

$75,000

Front 47

General Jurisdiction

Back 47

Hears most cases - (State Circuit Ct) - State

(U.S District Court) - Federal

Front 48

Limited Jurisdiction

Back 48

Courts can only hear certain matters (i.e Magistrate will hear small claims; Bankruptcy Court; Tax Court)

Front 49

Original Jurisdiction

Back 49

Circuit Court (State) and sometimes Magistrate Court for state system

U.S District Court (Federal)

Front 50

Appellate Jurisdiction

Back 50

Appellate Court (if a state doesn't have one it will go to the state supreme court) - State

Federal Court of Appeals (Federal)

U.S Supreme Court can hear appeals from state and federal courts (must have federal interest ie constitutionality)

There are 12 courts of Appeals - SD is in the 8th circuit

Front 51

Corporations

Back 51

Considered citizens of the state in which they are incorporated and in which the principal place of business is located (can be citizens of several states)

Front 52

Concurrent Jurisdiction

Back 52

Sue in federal or state court

Front 53

Exclusive Jurisdiction

Back 53

Can only sue in one court, state OR federal

Front 54

Motions

Back 54

1. To Dismiss - Improper service, not properly served papers; lack of jurisdiction

2. Summary Judgement - moving party claims that all necessary factual issues are resolved and are so one sided they need not be tried

Front 55

Jury Verdict

Back 55

Criminal case - 12/12

Civil case - 9/12

Front 56

Complaint

Back 56

1. the facts showing that the court has subject matter and personal jurisdiction

2. the facts establishing the plaintiff's basis for relief

3. the remedy the plaintiff is seeking

Front 57

What happens if an answer is not filed?

Back 57

The court sees that as admitting guilt

Front 58

What is the law designed to do?

Back 58

Provide stability, predictability, and continuity so people know how to order their affairs.

Front 59

Duty Based Ethics

Back 59

The idea that every person has certain duties to others, including both humans and the planet

1. Behavior

2. Right/wrong (usually revolves around religion)

3. Basic Rights

Front 60

Moral Minimum

Back 60

Compliance with the law, nothing more

Front 61

Ethics

Back 61

Study of what constitutes right or wrong behavior

Front 62

Principle of Rights

Back 62

Key factor in determining whether a business decision is ethical is how that decision affects the rights of others

Front 63

Categorical Imperative

Back 63

Company rationalizes its actions by saying the company is just "one small part" of the problem or its decisions will only have a small impact

Front 64

Outcome Based Ethics

Back 64

Focuses on the impacts of a decision on society or on key stakeholders

Front 65

Crime

Back 65

Wrongs against society

Front 66

Punishment

Back 66

Fine, jail/prison/death restitution

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