Term
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Definition
| Some set of government body/conformity |
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Term
Classifications of Law
Ch1 |
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Definition
| Public v Private, Civil v Criminal, Substantive v Procedural, Common v Statutory |
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Term
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Definition
| deals with the relationship between government and its citizens typically includes those laws enacted by authoritative government body |
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Term
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Definition
| dealing with legal relationship between 2 individuals |
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Term
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Definition
| addressing rights and duties between individuals, entities or even government |
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Term
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Definition
| wrong committed against society and government brings forth that action seeking punishment |
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Term
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Definition
Violations
Misdeameanors
Felonies
Treason |
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Term
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Definition
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Term
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Definition
offense punishable up to 12 months of jail time
Case A: Fined <$500 and/or <12 months jail
Case B: Fined <$250 and/or <90 days jail |
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Term
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Definition
punishable by one year or more of encarseration
Case D: 1-5 years
Case C: 5-10 years
Case B: 10-20 years
Case A: 20+ years and possible death penalty |
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Term
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Definition
| Federal offense punishable in Federal Court |
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Term
Burden of Proof (Criminal and Civil
Ch1 |
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Definition
Criminal - beyond a reasonable doubt
Civil - preponderance of the evidence |
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Term
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Definition
| defines, creates, and regulates rights and obligations |
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Term
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Definition
| method of enforcing these rights and obligations set forth by substantive law "administrative house keeping" |
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Term
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Definition
| Judge-made law; courts can use decisions from past to determine current case |
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Term
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Definition
| passed by some government body, typically in some written form created by legislative branch |
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Term
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Definition
To keep order,
influence conduct,
honor expectations,
promote equality,
laws as the great compromiser |
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Term
Characteristics of Law
Ch1 |
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Definition
Flexibility
Consistency
Pervasiveness |
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Term
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Definition
Constitutions
Statutes
Administrative Regulations
Executive Orders
Case Law/Common Law
Private Law |
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Term
International Law - Custom
Ch1 |
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Definition
need to be considered
developes over time and through repeated conduct |
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Term
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Definition
| an agreement between or amount Nations on a subject of international law typically signed by leaders by those Nations and ratified by governing bodies |
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Term
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Definition
Bilateral - between 2 countries
Multilateral - between more than 2 countries
General/Universal - recognized by most all nations |
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Term
Types of International Law
Ch1 |
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Definition
Treaty
Private Law
Trade Law/Policies
Uniform International Law |
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Term
Uniform International Law
Ch1 |
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Definition
| can make trade simpler, but uniqueness of countries could disappear |
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Term
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Definition
| generally accepted rules of conduct that govern society |
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Term
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Definition
| both standards and expectations for behaviors |
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Term
Three layers of Business Ethics
Ch2 |
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Definition
Basic Values
Notions of fairness
Social Responsibility |
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Term
Sources of Moral Standards
Ch2 |
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Definition
Actual/Postive Law
Natural Law
Moral Relativism
Religious Beliefs |
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Term
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Definition
| based on whether an activity is legal |
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Term
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Definition
| idea that some standards do not exist because of the law or they may exist despite the law |
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Term
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Definition
(situational ethics)
our ethical standards derive from the situation that we are in |
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Term
Categories of Ethical Dilemmas
Ch2 |
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Definition
Taking things that do not belong to you
Saying things you know are not true
Giving or allowing a false impression
Giving appearance of a conflict
Hiding or devuldging information |
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Term
Resolution of Ethical Dilemma
Ch2 |
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Definition
Blanchard and Peale
Front of the Newspaper Test
Laura Nash
Wall-Street Journal Model
Golden Rule |
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Term
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Definition
1. Is this legal?
2. Is it balanced (consider views of others involved)?
3. How does it make me feel? |
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Term
Front of the Newspaper Test
Ch2 |
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Definition
| How would a good reporter condense my course of conduct on the front page |
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Term
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Definition
1. How would I view problem on other side of the fence?
2. Am I able to discuss my decision with my family and friends?
3. What am I trying to accomplish?
4. Will I still be comfortable with my decision over time? |
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Term
| Wall-Street Journal Model Ch2 |
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Definition
| 3 C's Compliance - are you complant with the law? Contribution - how does decision effect others involved? Consequences - both short and long term |
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Term
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Definition
| treat others as you would like to be treated. |
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Term
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Definition
-usually rationalize before analyze
"Everybody else does it"
"If we don't do it someone else will"
"That's the way its always been done"
"We'll wait for the lawyers to tell us its wrong"
"It doesn't really hurt anyone"
"The system is unfair"
"I was just following orders"
"It's a gray area" |
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Term
Ethical Postures and Business Practices Questions
Ch2 |
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Definition
Who's interest does the company serve?
Shareholders or Society
What is the best way to serve that interest?
Shareholders or Society |
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Term
Ethical Postures and Business Practices; Four Schools of Thought
Ch2 |
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Definition
Inherence School
Enlightened Self-Interest
Invisible Hand
Social Responsibility |
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Term
Inherence School of Thought
Ch2 |
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Definition
Serve shareholders through shareholders
Milton Friedman |
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Term
Enlightened Self-Interest school of thought
Ch2 |
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Definition
Serve shareholders through society
Managers are responsible to shareholders, but serve that best by being responsive to greater society |
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Term
Invisible Hand school of Thought
Ch2 |
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Definition
Serve society through the shareholders
will not be involved in social/political issues |
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Term
Social Responsibility school of Thought
Ch2 |
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Definition
Serve society through society
Very involved with community; social responsibility = long-term success |
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Term
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Definition
Personal Reasons
Success
Strategy |
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Term
Ways of creating ethical culture
Ch2 |
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Definition
Tone - Code of Ethics
Pressure and Signals - don't push for profits only |
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Term
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Definition
Trial Court
Appellate Court |
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Term
Trial Court/Bench Trial
Ch3 |
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Definition
here is where facts are presented to fact finder
Bench Trial - judge is the fact finder |
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Term
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Definition
Review of decision of the trial court or review of conduct of trial court
-Usually where case law is made |
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Term
Types of Decision Making in Courts
Ch3 |
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Definition
Judicial Review
Error
Interpretation |
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Term
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Definition
| Look at trial transcript (not a retrial); attornies at appellate court can file legal briefs; 3 judges reviewing trial courts |
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Term
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Definition
Reversible
Remanded
No-Error
Small Errors
Reverse and Confrim in part |
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Term
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Definition
| one that would have made a difference at trial court (BAD) |
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Term
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Definition
| reversible error causing retrial |
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Term
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Definition
| everything was done correctly |
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Term
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Definition
| mistake but didn't effect outcome |
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Term
Reverse and Confirm in part
Ch3 |
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Definition
Accept and Reject different parts of the case
ie affirm negligent driving, reverse awarding punishment |
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Term
Interpretation of Decision Making
Ch3 |
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Definition
| How the law is applied to the real world |
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Term
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Definition
"let the decision stand"
Precendent
Purpose
Not following |
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Term
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Definition
| looking at prior case decisions |
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Term
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Definition
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Term
Not Following the Stare Decisis
Ch3 |
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Definition
| Courts do change over time! |
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Term
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Definition
Plaintiff
Defendant
Lawyers
Judge |
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Term
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Definition
| US District Court, Specialty Courts, US Court of Appeals, US Supreme Court |
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Term
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Definition
| Trial Court - usually one US district court per state (unless large state) - these are published decisions |
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Term
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Definition
| Trial Court - Created by Congress with limited jurisdiction |
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Term
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Definition
| Reviews the decisions from lower courts (11 judicial circuits plus D.C. - we're in 6th) |
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Term
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Definition
9 Justices - review lower court decisions
-see an average of 70 to 80
-take constitutional issue
-sometimes acts like trial court |
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Term
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Definition
Referring to a court's power/authority to hear a case
(two types: Subject Matter and Personal) |
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Term
Subject Matter Jurisdiction
Ch3 |
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Definition
1. Limit the type of case a court can hear
2. Federal Courts get cases by Federal Question, if US is a party, Diversity Jurisdiction
3. Concurrent
4. Exclusive
5. Federal v State |
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Term
Diversity Jurisdiction
Ch3 |
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Definition
Need both of the following requirements:
1. amount in controversy over $75000 and
2. citizens of different states |
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Term
Concurrent from Subject Matter Juris
Ch3 |
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Definition
| either court can hear the case; option between two courts can ask a state court to apply Federal Law |
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Term
Exclusive from Subject Matter Juris
Ch3 |
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Definition
| only one court has authority to hear a case |
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Term
Why choose between a Federal and State Court for your trial?
Ch3 |
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Definition
| -Maybe deciding between judges -State court judge could be biased against opponet |
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Term
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Definition
| Three Ways; Venues; Standing to Sue; International Court |
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Term
Three ways for Personal Jurisdiction
Ch3 |
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Definition
1. In Rem - jurisdiction over the person to the extent they have property in that jurisdiction and that property is the subject of a lawsuit
2. Volunteer - agreeing to the court
3. Presence in a Jurisdiction |
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Term
Presence in a Jurisdiction from Personal Jurisdiction
Ch3 |
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Definition
1. Defendant resides there
2. Minimum contacts
3. Long Arm Statutes (allowing court to obtain jurisdiction over an out of state defendant because they have done something in that other state) |
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Term
Venue of Personal Jurisdiction
Ch3 |
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Definition
| Geographic location to hear a case - usually most convenient |
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Term
Standing to Sue in Personal Jurisdiction
Ch3 |
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Definition
| litigant must show that he/she is personally suffering or will suffer injury if they cannot proceed with the case |
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Term
International Court under Personal Jurisdiction
Ch3 |
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Definition
| Parties usually agree to be there (International Court of Justice is oldest, founded 1920) |
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Term
Alternative Dispute Resolution (ADR)
Ch4 |
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Definition
| People want to avoid court because a lot of time and money. It is also less formal than court. |
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Term
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Definition
| Arbitration; Mediation; Medart; Minitrial; Rent-a-Judge; Summary Jury Trials; Early Neutral Evaluation; Peer Review |
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Term
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Definition
1. decision of arbitrator is binding on parties
2. Parties pay for attorneys and arbitrators
3. Court like feel for procedure
4. Parties pick the arbitrators
5. Benefits: faster than court, less formal, handled privately, and can have expert arbitrators |
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Term
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Definition
| a process in which parties meet with neutral third party with attorneys present; benefits- about compromises; less expensive |
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Term
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Definition
blend of arbitration and mediation
-start in mediation and move to arb. if failing to resolve problem |
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Term
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Definition
| businesses are disputing and use pool of people from both sides for opinions |
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Term
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Definition
| case presented to fake jury; this is very expensive and might as well go to trial |
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Term
Early Neutral Evaluation
Ch4 |
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Definition
| informal, typically meet with attorney and listen to each side to determine if a case exists |
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Term
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Definition
| used in big companies with employee disputes |
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Term
Why do Arbitration over Litigation?
Ch4 |
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Definition
1. Speed and Cost
2. Protection of Privacy
3. Creative Remedies
4. Judge and Jury Unknowns
5. Absence of Technicalities |
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Term
Litigation and the Civil Trial Process
Ch4 |
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Definition
| Pleadings; Summons; Answer; Motions; Discovery; Benefits; Pre-Trial Conference; Civil Trial |
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Term
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Definition
| Complaint (includes parties, statement on jurisdiction, basis of the action, prayer for relief) |
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Term
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Definition
| Paper issued by Clerk telling defendant they are being sued |
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Term
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Definition
1. Counterclaim
2. Cross claim
3. 3rd Party Complaint |
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Term
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Definition
| when defendant does not answer and plaintiff gets what they want |
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Term
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Definition
| Asking the court for help on little issue, not the whole case |
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Term
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Definition
| This is not in the courtroom, but is the primary information gathering stage of litigation |
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Term
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Definition
| Depositions; Interrogatories (written questions with written responses); Request for Documents; Admissions (ask party to stipulate to certain facts); Examinations |
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Term
Benefits to Methods of Discovery
Ch4 |
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Definition
1. Preserve Testimony
2. Reduce the likelihood of Perjury
3. Promote Settlement
4. Define/Narrow Issues
5. Help conclude a case
6. Help prevent surprises at trial |
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Term
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Definition
| go to the Judges chambers to discuss case for administrative purposes |
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Term
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Definition
| Jury Trial - Questioning of perspective jurors by court and attorneys with the goal of having a fair and impartial jury |
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Term
Reasons to Strike a Juror
Ch4 |
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Definition
1) For Cause - because not impartial and/or has bad history
2) Peremptory |
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Term
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Definition
1. Define Fact Finder
2. Voir Dire
3. Opening Statements
4. Burden of Proof
5. Defendants Case
6. Closing Statements
7. Deliberations/Verdict
8. Post Trial Motions
9. Appeals |
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Term
International Litigation
Ch4 |
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Definition
| Most other countries have restriction on what a jury can award a plaintiff, more opportunities here in America then elsewhere |
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