Enron Scandal Case

Great Essays
1. Kenneth Lay’s values and vision were not met by the business practices of Enron. Enron claimed to be an ethical company, but that turned out not to be the case. They lied to their stakeholders by telling them that the company was in great financial shape when in reality they were not. The reason for the lie was to make sure that investors kept investing in the company. The lies hurt many of their stakeholders because it eventually led to their downfall which meant loss jobs within the organization, and lost jobs in the communities that supported Enron. In addition, many Enron employees lost thousands of dollars in their retirement plans. It is possible that Kenneth Lay really believed in his vision statement, and was left in the dark about what was going on with the company. I do not believe that to be the case. He was obviously a very intelligent man, and he would have had to have had his head in the …show more content…
In my opinion, the court would have ruled differently. If Flagiello had been a burglar, then she would not have been a paying customer. That was a big reason that stare decisis was not followed in this particular case. I do believe the judge would have had other similar cases to compare to before the actual decision would be made. I am not sure of the actual law, but I cannot imagine that any criminal would have legal rights to sue an organization that it was committing a crime against.
2. I believe that judges will have to make that determination for each and every case. Most cases have different circumstances that apply to that particular case. If there is precedent that follows that particular case to the letter, then stare decisis should be followed. If the circumstances of a case are not to the letter, then the judge will have to make the proper determination. Judges who make bad decisions in these matters may have to be overturned in appeal courts.
Case 3.1 Estate of Weingeroff vs Pilatus

Related Documents

  • Great Essays

    1. Goods versus Services. A. ISSUE: Discuss fully whether the contract between the Palermos and Colorado Carpet was primarily for the sale of goods or the sale of serv¬ices. The contract between the Palermos and Colorado Carpet was primarily for the sale of services because the Palermos orally agreed to the purchase and installation of the carpet.…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    In the judgement of Mason CJ and McHugh J, it was said that a “ trial judge who is faced with an application for an adjournment or a stay by an indigent accused charged with a serious offence [...] the trial in such a case should be adjourned, postponed or stayed until legal representation is available. The judgement also stated that “an accused has the right to a fair trial and that, depending on all the circumstances of the particular case, lack of representation may mean that an accused is unable to receive, or did not receive, a fair trial. “ Moreover, the judgement of Deane and Gaudron suggested that the right to receive counsel was found in the Constitution, specifically Chapter Three which requires that ‘judicial process and fairness be observed.’ However, both Justice Brennan and Justice Dawson dissented, stating that it would unjust for judges to adjourn or stay trial due to the pressures it would place on legal aid agencies. For Dietrich, the outcome of the High Court case meant that without the legal representation he had required for the trial and due to the trial judge’s failure to grant an adjournment, a miscarriage of justice had occurred.…

    • 1661 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    In the beginning of the 80’s, business between gas producers and pipelines were made through “take-or-pay” contracts, in which pipelines “agreed either to purchase a predetermined quantity at a given price or be liable to pay the equivalent amount in case of failure to honor that contract”; this price was basically fixed during the life of the contract but can be adjusted with inflation. Since the pipelines where tied to contracts, they used the same model with their clients and issued similar contracts that assured a long-term stability for their business. Enron was founded in 1985 by Kenneth Lay through a merge between two natural gas pipeline companies: Houston Natural Gas and Omaha-based Internorth. The result of the merge put Enron as…

    • 198 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    doctrine of stare decisis loses its practical significance. Stare decisis should never be “a mechanical formula of adherence to the latest decision,” but rather a guide when circumstances have not warranted a change. In a Quill concurring opinion, Justices Antonin Scalia, Anthony Kennedy, and Clarence Thomas stated that while they supported the conclusion to overrule the due process conclusion of National Bellas Hess, they would reaffirm the Commerce Clause aspect of the physical presence test solely because of stare decisis.…

    • 639 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Stare decisis is the principle that past decisions made by the judicial system are applied to similar issues within the jurisdiction. In the case Griswold V. Connecticut the initial ruling was over turned by the Supreme Court, finding that Connecticut’s Laws on birth control were unconstitutional. The defendants were initially charged with accessories in the assistance of preventing conception. The Supreme Court reversed this ruling because married couples have the right to privacy, in which, they have the right to seek medical assistance to prevent conception. Roe V. Wade’s reversal was built on the precedent of Griswold V. Connecticut’s rights of privacy.…

    • 212 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Drobner V. Lancet Case

    • 920 Words
    • 4 Pages

    This case is a good example of Stare Decisis because the Trial Court granted defendant’s motion to dismiss the plaintiff’s petition because of lack of recognizable cause of action, citing Drobner v. Peters as its precedent which was decided 30 years ago. “Stare Decisis” is a legal doctrine that obligates the courts to follow a precedent or historical case for making a ruling on a similar current or future case. Unless overruled by the same court or a higher court such as US Supreme Court, Stare Decisis ensures that when presented with cases with identical facts, a precedent needs to be considered to make a ruling. However, the New York Court Of Appeals overruled its Drobner’s precedent alleging that plaintiff’s complaint did establish the cause of action. Due to this, Woods v. Lancet became a new precedent for all cases presenting similar issues that followed.…

    • 920 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Based off the book The Nine by Jeffery Toobin there are many views of constitutionalism presented to the reader. Constitutionalism is a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. There are five main principles that constitutionalism is derived from, those principles are: Separation of Powers/ Checks and Balances, Federalism, Stare Decisis, Judicial Philosophy and finally the Protection for individual rights. Each of these aspects play a key role when dealing with constitutionalism. Throughout the book Toobin shares various perspectives from Supreme Court justices and their beliefs and ethics, throughout the duration…

    • 800 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Lawrence V. Wade

    • 1313 Words
    • 6 Pages

    Amanda Black Exam Essays Fall Quarter 12/5/2007 Scalia explains his dissenting opinion to the overturning of Lawrence v. Texas by comparing the case to Roe v. Wade in three areas. He looks at stare decisis, fundamental rights, and legal moralism. There are three things that need to be proven before the court can overrule a decision in regards to stare decisis. 1) Its foundations have been eroded by subsequent decisions; 2) it has been subject to substantial and continuing criticism; 3) it has not induced individual or social reliance that counsels against overturning it.…

    • 1313 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    In all three of the decisions, the courts of last resort for each…

    • 930 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Judges are unable to place their personal judgment, or evaluate a court case based on their own beliefs. In order to prevent bias from affecting the case's outcome, judges follow a two step process when making a decision. Firstly, they examine the facts of the case in order to have the right information to compare it to the previous ruling in similar court cases, and research what judges said in the past. This process is known as locating the precedent. Secondly, by evaluating the constitutional basis of the previous rulings, they follow the doctrine of stare decisis, follow to the same argument of the previous court cases and "let the decision stand" by keeping the same ruling in earlier cases or overturn the previous ruling if it is deemed…

    • 275 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Numerous laws were broken in the Enron scandal. The mail and wire fraud statutes of U.S. law criminalize the use of wires the enable a scheme to defraud or to obtain money by fraudulent means (Seitzinger, Morris, & Jickling, 2002). The honest-service statue, the law Skilling alleged broke that was then overturned, defines the fraud as a scheme to deprive another of the intangible right to honest service. Enron was subject to quite a few other laws that were broken. The company was supposed to disclose all information concerning federal securities to any public investor so that the public can make investment decisions.…

    • 358 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Supreme Court justices do have personal views. They are appointed through a political process. Observers naturally must ask how great a role their political views actually play. Some scholars argue that the justices’ political preferences play a large role, essentially dictating their decisions in many cases. They point to the fact that justices appointed by conservative presidents tend to vote in a conservative fashion and those appointed by liberal presidents vote the opposite way.…

    • 1170 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Dworkin on Judicial Discretion in “Hard Cases” Lu Zhao Boyu (Bozy) | A0127866R In the standard courtroom, one could reasonably expect the judge to be the one responsible for the holding of a case. However, does and should the judge exercise his own discretion when deciding cases? Prominent legal theorist H. L. A. Hart claims that judges do exercise discretion, especially in “hard cases”, where there is no pre-existing or unambiguous rule. To this matter, Hart’s brilliant student Ronald Dworkin offers an alternative theory, which argues that judges do not have discretion and should follow principles instead of rules, even in “hard cases”.…

    • 910 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Because of this, he would reassure potential prospects, but was obscurely ridding his share from the company. He was guilty of using internal information not available to the general public for his personal gain. He also falsified reports that were made public to mislead stakeholders about the poor condition of Enron. Andy Fastow: Fastow was the CFO of Enron.…

    • 961 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Common Law And Islamic Law

    • 1494 Words
    • 6 Pages

    Civil law originated in the Roman Empire and extended to Europe (Glenn200, 119). When the empire declined so did its legal system. In the 11th to 13th centuries Rome revised the European system. The revision gave key legal codes that influenced Europe and other colonized territories (David and Brierley, 1985). Common law came from the British Isles following the military conquest of England from the Normans (Glenn 2000:…

    • 1494 Words
    • 6 Pages
    Great Essays