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Flashcards in Ch. 5 The Legal Environment Deck (176)
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1

______ refers to moral principles of right and wrong.

ethics

2

___________ theories about ethics are based on the notion that ethical behavior is guided by duties or obligations.

deontological

3

________ rights demand that we not harm anyone's life, health, or liberty.

natural

4

______ rights are memorialized in our Declaration of Independence. They are natural (not created by gov't), _________ (apply to everyone), and inalienable (they can't be transferred.

Natural; universal

5

__________ imperative mandates particular actions, regardless of their consequences or our personal preferences.

categorical

6

Consequentialism views ethical behavior in terms of its ____________. It sees an action as morally right if its consequences are morally appropriate or "the ends justify the means."

consequences

7

_______________ maintains that an action is justified as long as it does the greatest good for the greatest number of people.

utilitarianism

8

______ ethics refers to the rules of ethics that govern the practice of law and the conduct of lawyers. Most states base their rules on the American Bar Association's "_______ rules of Professional Conduct.

legal; modern

9

__________ constitutes conduct that is improper or unethical. It's a tort action of negligence against lawyers for failing to satisfy their professional duty of care owed to their client.

malpractice

10

The ________/_______ privilege protects communications b/w an attorney and their client so that neither party can be compelled to disclose such communication in court. The client can _____ the privilege and allow an attorney to discuss confidential communications.

attorney/client; waive

11

_____________ conflict of interest arises when the representation of one client will be directly adverse to another client OR there is significant risk that the representation of a client will materially limit the lawyer's ability to provide effective representation to another client.

concurrent

12

A lawyer cannot enter into a business ________ with a client or knowingly acquire an interest adverse to a client unless the client consents in writing, is given an opportunity to seek independent legal advice about the transaction, and both the terms and the process by which the transaction occurs are fair, reasonable, and fully disclosed in writing.

transaction

13

A client's consent must be an __________ consent. The lawyer must share with the client the conflict and not only explain the material risks but also make available a reasonable ___________.

informed; alternative

14

Corporate _______ ___________ refers to the idea that corporations should be concerned with the impact of their policies on the broad range of stakeholders and constituents that are affected by those policies

social responsibility

15

In shareholder __________, the corporation is viewed as owning a duty only to shareholders and their financial concerns.

primacy

16

A host of federal and state statutes require the corporation to pay heeds to other _____________, including employment laws, environmental laws, and laws regulating consumer affairs.

constituents

17

The government creates _____________ agencies to perform specific legislative functions and administer particular federal statutes. They are created by acts known as _________ acts.

administrative; enabling

18

The __________ _______________ Act also requires agencies to provide citizens with information they request, unless the information falls within certain exempted categories such as information pertaining to national defense or trade secrets.

Federal Information

19

Claims regarding administrative agency rules are brought before the administrative agency in hearings by their own judges, knows as ______________ ____ ________.

administrative law judges

20

The _________________ ____________ Act sets standards for federal agency rule making as well as standards for hearings conducted by such agencies. Administrative agencies allow their decisions to be appealed to one or two _______ boards within the agency. They may also be appealed in courts if not resolved.

Administrative Procedure; review

21

Courts should not ________ agency actions unless they are found to arbitrary or capricious, or not in accordance with the law.

overturn

22

The collection of laws, statutes, policies, regulations, and treaties that protect and preserve the environment are referred to as ________________ law.

environmental

23

The _________ _______________ ________ Act (NEPA) was enacted along with various federal environmental statutes to protect the environment from the actions of public and private actors.

National Environmental Policy Act

24

NEPA established a Council on Environmental _______ to be responsible for gathering information on the quality of the environment and for advising the president on the preparation of the Environmental Quality _______.

Quality; Report

25

The _________________ ___________ ________ EPA, was established to oversee pollution control efforts and they set __________ for private and public actors and ensure compliance.

Environmental Protection Agency; standards

26

____ ____________ refers to chemicals and other harmful pollutants in the atmosphere, is responsible for many deaths and respiratory diseases as well as eroding natural resources.

Air pollution

27

The _____ Air Act authorizes the EPA to determine what constitutes appropriate levels of common air pollutants and set standards for meeting those levels.

Clean

28

Standards on air quality are called the _________ Ambient Air Quality Standards and are designed to reduce the presence of pollutants in the air to levels that are consistent with promoting good health and preserving the environment.

National

29

The most prominent federal statute aimed at protecting the nations water supply is the ______ ______ Act. This ________ the discharge of pollutants into the water.

Clean Water; regulates

30

CERCLA or Comprehensive __________ Response, Compensation and ________ Act focuses on the clean up of abandoned or historical hazardous waste sites. They used a fund called the __________ to locate, investigate, and clean up such sites.

Comprehensive Environmental Response, Compensation, and Liability Act; Superfund