Intro To Law Mt2

Front 1

law is

-def

Back 1

1. how ppl ought to act
2. moral minimum

Front 2

enron scandal affected who? (3)

Back 2

1. all employees
2. ppl who invested in enron
3. their acctng firm: arthur anderson

Front 3

outcome of enron

1. what act
2. act purpose
3. increases____(2)

Back 3

sarbanes-oxley act of 2002

2.requires companies to set up confidential system
3. auditor independence and government insight(boards)

Front 4

corporate codes of conduct only work when-

Back 4

top authority believes in it.

Front 5

way to teach ethics(4)

Back 5

-learn to recognize conflict
-critical thinking skills
-setting realistic goals
-periodic employee evaluations

Front 6

ex. of bad ethical decision

1. describe
2. jury decision

Back 6

exxon valdez

1.1989 company knew captain was drunk on oil ship. 11m gallons oil spilled
2. $2.1b to clean up, $5b in punitive damages

Front 7

ethical reasoning : DUTY based ethics

1. what it is
2. what it lacks
3. based off___ (2)
4. ex.

Back 7

1. what you should and should not do. your duties.
2. lacks values.
3. religious ethical standards OR philosophical reasoning
4. 10 commandments, golden rule

Front 8

duty based ethics: philosophical reasoning

1. what did Kant believe?
-term -ex.
2. what did rawls believe?
-term -describe

Back 8

1. kant: 'what if EVERYone did that?'
-term:categorical imperative
-ex. decision of not cheating on a test

2.Rawls: -term:principle of rights
-how is it going to affect others?
-remove your identity(race, gender),then evaluate law.

Front 9

outcome based ethics

1. how to solve
2. def

Back 9

1. cost benefit analysis
2. utilitarianism/based on values, based on greatest good for greatest number of ppl (defining greatest good, and ppl # is the challenging part)

Front 10

outcome based ethics

ex. merck company
product: vioxx

1. why lawsuit?
2. outcome
3. merck's defense

Back 10

1. company recalled too late. they KNEW about problems. only independent studies done.
-largest drug recall in history.
2. awarded $25m to widow
3. utilitarian defense: greatest good for GREATEST # of ppl. studies showed minor % of ppl affected..okay bc such small number die, and very large ppl saved from strokes.

Front 11

SOx

-2 outcomes

Back 11

1. auditor independence
2. acct. government sight with boards

Front 12

Foreign corrupt practices act
(1977)

1. why came about
2. what it does (2 parts)
3 exception
4. violation fees

Back 12

1. global ethical dilemna: US companies securing advantageous internat'l trade contracts.

2. 1)prohibits bribery of officials of foreign gov't...if purpose is to provide business opportunities.
-applies to all US companies
2)accounting system mandatory. must provide 'reasonable assurance'

3. 1)grease payments: if intent is to speed up performance of administrative services.
2) any payment is ok unless US firms KNOW these payments will be given to director that will violate FCPA rules.

4. '88 ammendment: fined $2m to company. individuals up to $100k to punish those who participate.

Front 13

problem of duty based ethics

Back 13

deciding which rights are important at that time.

-ethical conflicts and tradeoffs: require values

Front 14

corporate social responsibility theories

1. definition
2. 2 approaches
3. outcome

Back 14

1. idea that corp. should be ethically responsible to SOCIETY
2. (1)stake-holder view= consider impact of Everyone (employees, citizens, community)
(2) corporate citizenship=companies are judged on how much they donate to social causes
*take positive steps to solving social problems
3. more profit only, when treated as way of business and not rules.

Front 15

reasons why ethical business practice is good in the LONG term (2)

Back 15

1. increasing profits
2. avoiding negative publicity and bankruptcy potential

Front 16

federal form of government

1. def
2. how do they do that? 3 branch roles

Back 16

1. national and state gov'ts SHARE sovereign power
2. balancing power & checks balances, 3 branches each each other

Front 17

commerce clause

1. what it is
2. gibbons vs. ogden specification
3. problem/why still cases today

Back 17

1.federal gov't can regulate interstate commerce and intrastate commerce (*see 2)
2. ONLY intrastate if substantially affects commerce in >1 state
3. problem: even the most local things somehow affect interstate commerce

Front 18

exception of commerce clause: medical marijuana

state rules vs. federal rules

Back 18

-intrastate commerce problem

-state laws that allow the use of
medical marijuana DO NOT insulate the users from federal prosecution.

Front 19

state regulatory powers

1. also called
2. when used?
3. ex.
4. can local gov't do it?

Back 19

1. police powers
2. state exercise when promoting safety, general welfare.
3. ex/building codes, antidiscrimination laws
4. Yes, local gov't can.

Front 20

dormant commerce clause

-def
-ex.

Back 20

interpret it that states do NOT have the authority to regulate interstate commerce (versus federal gov't DOES have x powers)

ex. three tier alcohol system. not equal for in-state and outta-state wineries.

Front 21

supremacy clause

1. what article
2. what it says
3. exceptions for concurrent powers and ex.

Back 21

1. article VI
2. federal law rules over state laws if direct conflict
(some are concurrent tho!)
3. preemption- when certain federal laws take precedence with conflicting state or local laws.
ex./regulation of medical devices preempted common law claims for negligence and implied warranty.

Front 22

purpose of bill of rights

Back 22

to limit federal government's powers

Front 23

why can federal government not just pass laws?

Back 23

-federalism
-says US legislature must have authority from constitution to pass laws

Front 24

bill of rights restrains governmental action, NOT _________!!

-exception

Back 24

bill of rights restrains governmental action, NOT ppl-to-ppl


-injured person vs. gov't person

Front 25

T/F:
bill of rights applies Only to actions of states.

Back 25

FALSE

some apply only to federal gov't

Front 26

first amendment involving spech

1. def.
2. original purpose?
2. exceptions (3)

Back 26

1. speech, anything that conveysa message
2. political speech, very protected
3.
-fight words. intent is malice
-speech which offends community ex./pornography
-ex./ scream bomb in airplane

Front 27

T/F: the gov't may infringe any form of speech.

1. whats the question to ask?

Back 27

TRUE

1. how much regulations/when can regulate?
(not if they can or not..they can.)

Front 28

overarching principle

1. relates to ____
2. says what?
3. outcome?

Back 28

1. freedom of speech
2. says better to treat result of speech
-so no fear of speaking.
3. ruling Aginst hate-speech laws

Front 29

bad frog brewery vs. NY state liquor authority

-example of...

Back 29

-example of commercial speech protected!

-example of how to make laws as NARROW as possible : other alternatives were not adequately considered

Front 30

establishment clause

define and example

Back 30

-gov't must accommodate religions (no promoting)

ex./ teaching creation theories vs. evolution in schools

Front 31

free exercise clause

1. applies to who?
2. part of which amendment?
3. define and example
4. *clause in workplace

Back 31

1. actions of fed and state
2. freedom of religion
3. can hold any religious belief
ex./ use of peyote
4. boss may be required to accommodate for worker's religion-to extent.

Front 32

T/F: 5th and 14th amendments: due process clause applies to 'legal persons,' so businesses and indivual ppl.

Back 32

TRUE.

applies to both!

Front 33

procedural due process

def
ex.

Back 33

-fair procedure before punishment

def- must give the person an opportunity to object to an action

ex./ having trial Before payment of speeding ticket is due.

Front 34

substantive due process

def.
ex.

Back 34

-protects against action regardless of fairness of procedure
-when government conduct shocks the conscience

ex./-protects individual's voting, marriage interests
-wage and price controls

Front 35

equal protection clause

1. what amendment?
2. says what?
3. how do courts determine whether the law violates it?

Back 35

1. 14th amendment
2. says 'equal protection of the laws.'
3. 3 scrutiny tests (rational basis/intermediate/strict)

Front 36

rational basis test-minimal scrutiny

1. done for what clause?
2. means what?
3. ex

Back 36

1. equal protection
2. law or action must relate to legitimate governmental interest (very hard to fail, bc obviously time was put into creating the law in the first place)
3. ex./ law that gives unemployment benefits to anyone over 6ft tall would FAIL bc foes not further gov't interests.

Front 37

intermediate scrutiny

1. done for what clause?
2. means what, in what cases?

Back 37

1. equal protection clause
2. discrimination of gender or legitimacy cases/ must be substantially related to important gov'tal actions

Front 38

strict scrutiny

1. done for what clause?
2. used when your ______ ______ are prohibited.
3. affect suspect classification?
4. ex/
5. do a lot of laws survive this scrutiny?

Back 38

1. equal protection clause
2. fundamental right!
(classification must be necessary to promote a compelling state interest.)
3.suspect traits must be analyzed under strict scruntiny
4. ex./ prison segregated prisoners by race
4. few laws do

Front 39

"unjust law is no law at all"

which legal school thought?

Back 39

natural law

Front 40

US supreme court has the power to...

Back 40

Declare an act of Congress unconstitutional