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Moral principles and values applied to social behavior.
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Ethics in a business context; a consensus as to what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting
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The minimum degree of ethical behavior expected of a business firm, which is usually defined as compliance with the law. |
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A well-written code of ethics explicitly states a company’s ethical priorities and demonstrates the company’s commitment to ethical behavior.
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THE PURCHASE OF A COMPANIES OWN STOCK BY THAT COMPANY ON THE OPEN MARKET |
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AN AGREEMENT THAT GRANTS THE OPTION TO BUY A GIVEN NUMBER OF SHARES OF STOCK, USUALLY WITHIN A SET PERIOD OF TIME. |
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A REASONING PROCESS IN WHICH AN INDVIDUALS LINK HIS OR HER MORAL CONVICTIONS ETHICAL STANDARDS TO THE PERTICULAR SITUATION ST HAND |
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Duty-based ethical standards often are derived from revealed truths, such as religious precepts. They can also be derived through philosophical reasoning.
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AN ETHICAL GUIDELINE OF BEHAVIOR: A PERSON SHOULD EVALUATE IN THE TERMS OF WHAT WOULD HAPPEN IF EVERYBODY ELSE IN THE SAME SITUATION OR CATIGORY, ACTED THE SAME WAY |
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The principle that human beings have certain fundamental rights (to life, liberty, and the pursuit of happiness, for example). Those who adhere to this “rights theory” believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of various groups. These groups include the firm’s owners, its employees, the consumers of its products or services, its suppliers, the community in which it does business, and society as a whole.
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Under a utilitarian model of ethics, an action is morally correct, or “right,” when, among the people it affects, it produces the greatest amount of good for the greatest number.
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A DECISION MAKING TECHNIQUE WHICH INVOLVES WEIGHING THE COST OF A GIVEN ACTION AGAINST THE BENEFITS OF THAT ACTION |
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CORPORIATE SOCIAL RESPONSIBILITY |
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THE IDEAS THAT CORPORATIONS CAN AND SHOULD ACT ETHICALLY AND BE ACCOUNTABLE TO SOCIETY FOR THEIR ACTIONS |
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A VIEW OF CORPORIATE SOCIAL RESPONSILITY STRESSES THAT CORPORATIONS HAVE A DUTY NOT JUST TO SHAREHOLDERS BUT TO OTHER GROUPS AFFECTED BY CORPORATE DECISION (STAKEHOLDERS) |
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| Under a corporate citizenship view, companies are judged on how much they donate to social causes, as well as how they conduct their operations with respect to employment discrimination, human rights, environmental concerns, and similar issues. |
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A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain “minimum contacts” with that state for the statute to apply.
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THE PROCESS WHERE A COURT DESCIDES ON THE CONSTITUTIONALITY OF LEGISLATIVE ENACTMENTS AND ACTIONS OF THE EXECUTIVE BRANCH |
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THE AUTHORITY OF A COURT TO HEAR AND DESCIDE A SPECIFIC CASE
LATIN : JURIS "LAW" DICTION "TO SPEAK" THE POWER TO SPEAK THE LAW |
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JURISDICION OVER THE THING - PROPERTY THAT IS LOCATED WITHIN ITS BOUNDRIES |
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JURISDICION OVER PERSON OR BUSINESS THAT RESIDES IN A SPECIFIC GEOGRAPHICAL AREA |
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A STATE COURT OF LIMITED JURISDICTION THAT CONDUCTS PRECEEDINGS RELATED TO THE SETTLEMENT OF DECEASED PERSONS ESTATE |
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A FEDERAL COURT OF LIMITED JURISDICTION THAT HANDLES ONLY BANKRUPTCY PROCEEDINGS, WHICH ARE GOVERNED BY FEDERAL BANKRUPTCY LAWS |
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JURISDICTION OVER SUBJECT MATTER |
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A LIMITATION ON THE TYPES OF CASES A COURT CAN HEAR
(PROBATE COURT AND BANRUPTCY COURTS ARE TWO) |
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COURTS OF THE FIRST INSTANCE OR TRIAL COURTS, COURTS WHERE THE LAWSUIT BEGAN, TRIALS TAKE PLACE AND EVIDENCE IS PRESENTED
IN THE FEDERAL COURT-THE DISTRICT COURT ARE THE TRIAL COURTS |
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ACT AS REVIEWING COURT: USUALLY ONLY WHEN A APPEALL FROM AN ORDER |
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WHEN BOTH FEDERAL AND STATE COURTS HAVE THE POWER TO HEAR A CASE
(LAWSUITS INVOLVING DIVERSITY OF CITIZINSHIP) |
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WHEN A CASE CAN ONLY BE HEARD IN EITHER THE FEDERAL OR ONLY THE STATE COURTS |
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A STANDARD FOR DETERMINING WHEN THE EXERCISE OF JURISDICTION OVER AN OUT OF STATE DEFENDANT IS PROPER. |
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THE MOST APPROPRIATE PHYSICAL LOCATION FOR A
TRIAL
The geographic district in which a legal action is tried and from which the jury is selected.
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| The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured or threatened with injury. |
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A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case. |
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1. TRIAL COURT OF LIMITED JURISDICTION
2. TRIAL COURTS OF LIMITED JURISDICTION
3. APPELIATE COURTS
4. THE STATES HIGHEST COURT (THE STATE SUPREME COURT) |
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COURTS WHERE TRIALS ARE HEARD |
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INFERERIER COURS THAT HEAR ONLY CIVIL CASES INVOLVING CLAIMS LESS THAN A CERTAIN AMOUNT SUCH AS $5,000.00 EACH STATE IS DIFFERENT |
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APPELLATE OR REVIEWING COURT |
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| In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. Questions of fact are decided by the jury in a jury trial (by the judge if there is no jury). |
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In a lawsuit, an issue involving the application or interpretation of a law. Only a judge, not a jury, can rule on questions of law.
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| REMEMBER: THE DECISION OF THE STATES HIGHEST COURT ARE FINAL ON QUESTIONS OF STATE LAW |
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HIGHEST STATE COURT
SUPREME COURT |
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| HIGHEST APPELLATE COURT IN THE STATE |
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THREE TIERD MODEL
1. U.S. DISTRICT COURT (TRIAL COURTS OF GENERAL JURISDICTION AND VARIOUS COURTS OF LIMITED JURISDICTION)
2. U.S. COURTS OF APPEAL - (INTERMEDIATE COURTS OF APPEAL)
3. THE UNITED STATES SUPREME COURT
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| APPOINTED BY THE PRESIDENT |
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THE EQUIVELENT OF A STATE TRIAL COURT OF GENERAL JURISDICTION
94 FEDERAL JURISDICTUAL DISTRICTS
US DISTRICT COURTS HAVE ORIGINAL JURISDICTIONAL IN FEDERAL MATTERS |
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| THERE ARE 13 US COURS OF APPEAL THEY HEAR APPEALS FROM DISTRICT COURTS |
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| UNITED STATES SUPREME COURT |
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HIGHEST LEVEL OF THE THREE TIERED FEDERAL COURT SYSTEM
ALL OTHER COURTS ARE INFERRIER COURTS |
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| A writ from a higher court asking a lower court for the record of a case. |
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A rule of the United States Supreme Court under which the Court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ.
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| THE PROCESS OF RESOLVING A DISPUTE THROUGH THE COURT SYSTEM |
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| STATEMENT MADE BY THE PLAINTIFF AND THE DEFENDANT IN A LAWSUITE THAT DETAILS IN FACTS, CHARGES, AND DEFENCES INVOLVED IN LITIGATION. THE COMPLAINT AND ANSWER ARE PART OF THE PLEADINGS |
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The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.
The complaint contains a statement alleging (1) the facts necessary for the court to take jurisdiction, (2) a brief summary of the facts necessary to show that the plaintiff is entitled to a remedy, 18 and (3) a statement of the remedy the plaintiff is seeking.
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| A DOCUMENT INFORMING A DEFENDANT THAT A LEGAL ACTION HAS BEEN COMMENSED AGAINST HER OR HIM AND THAT THEY NEED TO APPEAR IN COURT |
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| A JUDGEMENT ENTERED BY A COURT AGAINST A DEFENDANT WHO HAS FAILED TO APPEAR IN COURT TO ANSWER OR DEFEND AGAINST THE PLAINTIFF |
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| DEFENDANTS RESPONS TO THE PLAINTIFF'S COMPLAINT |
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| A CLAIM MADE BY A DEFENDANT IN A CIVIL LAWSUIT AGAINST THE PLAINTIFF |
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| A PLAINTIFFS RESPONSE TO THE DEFENDANTS ANSWER |
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A pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which the suit should be dismissed. Although the defendant normally is the party requesting a dismissal, either the plaintiff or the court can also make a motion to dismiss the case.
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| MOTION FOR JUDGEMENT OF A PLEADINGS |
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A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.
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| MOTION FOR SUMMARY JUDGEMENT |
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A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
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A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.
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| THE TESTOMEY OF A PARTY TO A LAWSUIT OR WITNESS TAKEN UNDER OATH BEFORE A TRIAL |
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| A SERIES OF WRITTEN QUESTIONS FOR WHICH WRITTEN ANSWERS ARE PREPARED BY A PARTY OF THE LAWSUIT USUALLY WITH THE ASSISTANCE OF THE PARTYS ATTORNEY AND THEN SIGNED UNDER OATH |
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Evidence that consists of computer-generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.
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| ANY RELEVIANT MATERIAL , INCLUDING STORE MATERIAL ELECTRONICALLY, |
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| DESIGNED TO COMPENSATE THOSE WHO HAVE SUFFERED A LOSS OR INJURY DUE TO ANOTHER PERSONS WRONGFUL ACT |
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| TO COMPENSATE OR REIMBURSE A PLAINTIFF FOR ACTUALL LOSSES |
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| TO PUNISH THE WRONGDUER AND DETER OTHERS FROM SIMULAR WRONGDOING |
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| THE TORTEFEACOR INTEDED TO COMMIT THE ACT |
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| ANY WORD OR ACTION INTENDED TO MAKE ANOTHER PERSON FEARFUL OF IMMEDIATE PHYSICAL HARM, A REASONABLY BELIEVABLE THREAT |
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| THE UNEXCUSED, HARMFUL OR OFFENSIVE, INTENTIONAL TOUCHING OF ANOTHER |
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A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.
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| DEFENSE OF ASSULT AND BATTERY |
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CONCENT
SELF DEFENSE
DEFENSE OF OTHERS
DEFENSE OF PROPERTY |
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| DEFAMATION IN WRITING OR OTHER FORM HAVING THE QUALITY OF PERMINANCE (RECORDING) |
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Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.
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THE PUBLICATION REQUIREMENT
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| The basis of the tort of defamation is the publication of a statement or statements that hold an individual up to contempt, ridicule, or hatred. Publication here means that the defamatory statements are communicated to persons other than the defamed party |
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| DEFENSE AGAINS DEFIMATION |
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| A legal right, exemption, or immunity granted to a person or a class of persons. In the context of defamation, an absolute privilege immunizes the person making the statements from a lawsuit, regardless of whether the statements were malicious. |
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The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true. In a defamation suit, a statement made about a public figure normally must be made with actual malice for the plaintiff to recover damages.
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| WHEN A PARTY INITIATES A LAWSUIT OUT OF MALICE AND WITHOUT LEGITIMATE LEGAL REASON |
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| WRONGFUL INTERFIERENCE WITH A CONTRATUAL RELATIONSHIP |
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1.A VALAD ENFORCED CONTRACT MUST EXIST BETWEEN PEOPLE
2.A THIRD PERSON MUST KNOW THAT THIS CONTRACT EXIST
3.THE THIRD PARTY MUCH INTENTIONALLY INDUCE A PARTY TO BREACH THE CONTRACT
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It is the intent to do an act that is important in tort law, not the motive behind the intent.
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NEGLIGENCE
when someone suffers injury because of another’s failure to live up to a required duty of care.
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The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
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Landowners are expected to exercise reasonable care to protect persons coming onto their property from harm.
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Did the injury occur because of the defendant’s act, or would it have occurred anyway? If an injury would not have occurred without the defendant’s act, then there is causation in fact.
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