Exam 1

Question 1

Public Law

Answer 1

Law that involves suits between private individual or groups and government (includes the government)

Question 2

Statutory Law

Answer 2

the assortment of rules and regulations put forth by legislatures (the legislative actions are called statutes)

Question 3

Case Law

Answer 3

the collection of legal decisions and interpretations made by judges (includes common law and cases interpreting statutes)

Question 4

Golden Rule Test

Answer 4

1. Do to others as you want them to gratify you
2. Be considerate of others’ feelings as you want them to be considerate of yours
3. Treat others as persons of rational dignity like you
4. Extend brotherly or sisterly love to others, as you would want them to do for you
5. Treat others according to moral insight, as you would have others treat you
6. Do to others as God wants you to do to them

Question 5

Universalization Test

Answer 5

what would the world be like with everyone doing what you’re considering doing?
- what would happen if our decision was copied by everyone else?
- if others followed your example, would it make the world a better place for me and those I love?

Question 6

WH Process

Answer 6

W- Who: (stakeholders): customers, owners, management, employees, community, future generations
H- How (guidelines): public disclose, universalization, golden rule; principles for decision-making

Question 7

Values

Answer 7

positive abstractions that capture our sense of what is good and desirable

Question 8

Business Ethics

Answer 8

the use of ethics and ethical principles to solve business dilemmas

Question 9

Shareholders Concept

Answer 9

people with shares in the company; customers, owners, management, employees, community, and future generations

Question 10

Business Law and Business Ethics

Answer 10

legality is the baseline for all decisions; think of the law as the bare minimum of ethics; ethics guides the development of law

Question 11

Social Responsibility of Business

Answer 11

• the expectations that a community places on the actions of forms inside that community’s borders
  -if ethical lapses become visible and widely known, there is always the threat of legislature or regulatory intervention
• standards vs. decisions

Question 12

Civil Law

Answer 12

body of law that governs the rights and responsibilities either between persons or between persons and government (ex-contracts, torts, property)

Question 13

Criminal Law

Answer 13

body of law that governs the rights and responsibilities an individual has with respect to the public as a whole (is a public law too)
- punishment; government brings action

Question 14

Model Laws

Answer 14

also known as uniform laws; serve to standardize the otherwise different state laws (suggestion to make all things standard)

Question 15

Precedent

Answer 15

a tool used by judges to make rulings on cases with the basis of key similarities to previous cases (citing other judges to justify current case)

Question 16

Stare Decisis

Answer 16

“stand by the decision”; a principle stating that reliefs made in higher courts are binding pretender for lower courts (reasons: stability and predictability of the law)

Question 17

Originalism

Answer 17

interpretation of text by the words or intentions of its authors

Question 18

Legal Realism

Answer 18

economic, social, and political context of law impacts outcomes of decisions (factors other than law impacts decisions)
- legal decisions are really rationalizations of the decisions of judges on non-legal grounds
law is a prediction of what judges will do
-law is not about logic (more about experience)

Question 19

Ethical Dilemma

Answer 19

a question about how one should behave that requires one to reflect on the advantages and disadvantages of the optional choices for various stakeholders (competing considerations that can make you face a difficult choice)

Question 20

Public Disclosure Test

Answer 20

Would be willing for everyone to know what you are considering doing?
-make our actions visible rather than obscured
-imagine our actions are being broadcast on national television

Question 21

In Personam (personal) Jurisdiction

Answer 21

the power to render a decision affecting the rights of the specific persons before the courts ( power over the people in the case)

Question 22

Complaint

Answer 22

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

Question 23

Long- arm Statute

Answer 23

enable to court to serve defendants outside the state

Question 24

Subject- matter Jurisdiction

Answer 24

the power to hear certain kinds of cases

Question 25

Federal Question Jurisdiction

Answer 25

majority of federal jurisdiction; question about a federal law

Question 26

Diversity-of-citizenship Jurisdiction

Answer 26

everyone on both sides are from different states (complete diversity)

Question 27

Venue

Answer 27

the most appropriate geographical location where a case should be heard (usually where the parties reside or where the case allegedly arose)

Question 28

Standing (to sue)

Answer 28

-actual/imminent injury in fact -injury traceable to actions of defendant -injury redressed by favorable decision (the court can fix the injury)

Question 29

Service of Process

Answer 29

procedure by which courts present the complaint and summons to the defendant (request a summons to serve)

Question 30

Default Judgement

Answer 30

judgement entered against a party who failed to appear in court to defend against a claim bought by another party (often in favor of the plaintiff)

Question 31

Answer

Answer 31

a defendant's response to the plaintiff's complaint, it denies, affirms, or claims no knowledge

Question 32

Discovery

Answer 32

occurs after the pleadings (complaint, answer, counter claim, cross-claim, and response) have been filed -exchange of relevant documents and evidence by the parties

Question 33

Interrogatories

Answer 33

written questions that one party sends to the other to answer under oath

Question 34

Request to Produce Documents

Answer 34

forces the other party to produce certain information unless it is privileged or irrelevant to the case

Question 35

Deposition

Answer 35

attorneys examine a witness under oath, the parties may obtain testimony from a witness before trial through a deposition

Question 36

Motion for Summary Judgment

Answer 36

judge finds no factual disputes (usually filed by defendant)

Question 37

Voir Dire

Answer 37

jury selection process -each party may strike a juror for cause -each party may strike a juror with a peremptory challenge

Question 38

Peremptory Challenge

Answer 38

removal of perspective juror without giving any reason; attorneys are allowed a limited number of such challenges

Question 39

Directed Verdict

Answer 39

motion for judgement as a matter of law; even if all accepted evidence was true, there is no legal basis for a decision in favor of the plaintiff (occurs at trial)

Question 40

Prejudicial Error

Answer 40

an error that affect the outcome of a case, must exist for an appeal to succeed

Question 41

Writ of Certiorari

Answer 41

an order to the lower court rot sen the supreme court a record of the case (a petition filed by a party)

Question 42

Mediation

Answer 42

-helps disputing parties preserve their professional relationships -provides possibility of finding creative solutions to dispute -offers participants a high level of autonomy

Question 43

Arbitration

Answer 43

settling a dispute by agreeing to accept the decision of an impartial outsider (an arbitrator that usually has expertise in specific subject matter of the dispute) -loss of civil rights and remedies availiable through litigation -non-public nature of arbitration rather than a public trial

Question 44

Binding Arbitration Clause

Answer 44

a provision in a contract mandating that all disputes arising under a contract must be settled by arbitration

Question 45

Appellate Court (how it is different than a trial court)

Answer 45

have appellate jurisdiction instead of original jurisdiction; judges review transcripts of trial court proceedings and occasionally consider additional oral and written arguments from both parties

Question 46

Assault

Answer 46

placing another in immediate apprehension for his or her physical safety (apprehension means the expectation of being physically injured)

Question 47

Defamation

Answer 47

intentional publication (communication to third part) of a false statement that is harmful to an individual's reputation

Question 47

Battery

Answer 47

an illegal toughing of another (illegal means the touching is done with out justification or consent)

Question 48

Conditional Privilege

Answer 48

speech protected by the first amendment even false statements made with conditional privilege do not result in liability unless made with actual malice

Question 49

Actual Malice

Answer 49

speaker know it was false or had a reckless disregard for the truth

Question 50

Public Figure Privilege

Answer 50

a special right, immunity, or permission given to people that allows them to make any statements about public figures, typically politicians and entertainers, without being held liable for defamation for any false statement made without malice

Question 51

Trespass to Realty

Answer 51

occurs when a person intentionally 1. enters the land of another without permission 2. causes an object to be placed on the land of another without the landowner's permission 3. stays on the land of another when the owner tells him to depart (defiant trespass) 4. refuses to remove something he placed on the property that the landowner asked him to remove

Question 52

Private Nuisance

Answer 52

a situation when a person uses his/her property in an unreasonable manner that harms a neighbor's use or enjoyment of his/her property

Question 53

Conversion

Answer 53

a situation that occurs when a person permanently removes personal property from an owner's possession and control (stealing)

Question 54

Disparagement

Answer 54

a false statement of material fact resulting in damage to a business or product reputation

Question 55

Intentional Interference with Contract

Answer 55

1. A valid and enforceable contract between two parties; 2. Defendant knew of the existence of the contract and its terms; 3. Defendant intentionally undertook steps to cause one of the parties to breach the contract; 4. Plaintiff injured as a result of the breach of contract

Question 56

Unfair Competition

Answer 56

A tort against economic interests that occurs when the defendant unreasonably interferes with the plaintiff's opportunity to earn a profit, not to make a profit myself, but solely to harm them

Question 57

Fraudulent Misrepresenation

Answer 57

1. The defendant knowingly, or with reckless disregard for the truth, misrepresented material facts and conditions; 2. The defendant intended to have another party rely on the misrepresentation; 3. The plaintiff reasonably relied on the misrepresentation; 4. The plaintiff suffered damages because of reliance on the misrepresentation

Question 58

Negligence

Answer 58

the failure to exercise reasonable care to protect another's person or property, causing an unreasonable risk of harm to others

Question 59

Proximate Cause

Answer 59

legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability

Question 60

Compensatory Damages

Answer 60

designed to compensate the victim for all harm caused by the defendant

Question 61

Punitive Damages

Answer 61

imposed to punish defendant for extremely outrageous conduct and to deter the defendant and others from committing similar future offenses

Question 62

Res Ipsa Loquitur

Answer 62

"the thing speaks for itself" -the event was a kind that does not ordinarily occur in the absence of negligence -other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated -the indicated negligence is within the scope of the defendant's duty to the plaintiff

Question 63

Negligence Per Se

Answer 63

"negligence in or of itself"; applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs

Question 64

Contributory Negligence

Answer 64

the defendant can avoid all liability by proving the plaintiff's negligence contributed in some way to the accident in question -harshness of the rule can be mitigated bt the last-clear-chance doctrine

Question 65

Last-Clear-Chance Doctrine

Answer 65

the defendant had the last clear chance to avoid the accident but didn't

Question 66

Pure and Modified Comparative Negligence

Answer 66

Pure: reduce the plaintiff's damages by the percentage of the plaintiff's fault Modified: defendant must be at least 50% at fault before the plaintiff can recover

Question 67

Wells Fargo Example

Answer 67

stealing money, bad ethics

Question 68

Assumption of the Risk

Answer 68

a defense to negligence whereby the defendant must prove that the plaintiff voluntarily assumed the ride of the actual harm the plaintiff incurred (express/implied assumption)

Question 69

Strict Liability

Answer 69

"liability with fault" 1. involves risk of serous harm to people or property 2. it is so inherently dangerous that it cannot ever be safely undertaken 3. it is not usually performed in the immediate community

Question 70

Real vs. Personal Property

Answer 70

Real Property: land and everything permanently attached to it Personal Property: all property that is not land or not permanently affixed to land (both tangible and intangible)

Question 71

Free Simple Absolute

Answer 71

right to possess for life and devise (will) to heirs upon death; the most complete interest in real property

Question 72

Life Estate

Answer 72

granted for lifetime of an individual; right to posses property terminates upon life estate holder's death, and property will pass to another party designated by original grantor

Question 73

Future Interest

Answer 73

person's right to property ownership and possession in the future

Question 74

Leasehold

Answer 74

right to possess (but not own) property for a stipulated period of time

Question 75

Easement

Answer 75

irrevocable right to use some part of another's land for a specific purpose without taking anything from the land

Question 76

Profit

Answer 76

right to enter another's land and take part of the land, or take away a product of it

Question 77

License

Answer 77

temporary, revocable right to use another's property (ex: theater ticket)

Question 78

Adverse Possession

Answer 78

when a person openly treats real property as his/he own with our protest/permission from real owner, for statutorily-established period of time, ownership is automatically vested in that person

Question 79

Condemnation (eminent domain)

Answer 79

government acquires ownership of private property for "public use" for "just compensation" over the protest of the property owner

Question 80

Trademark

Answer 80

a distinctive mark, word, design, picture, or arrangement used by seller in conjunction with a product and tending to cause consumer to identify product with the producer -must be registered with the U.S. Patent and Trademark Office

Question 81

Trade Dress

Answer 81

refers to the overall appearance and image of product -entitled to same protection as a trademark main focus of trade dress infringement case is whether there is likely to be consumer confusion in the comparison of 2 products

Question 82

Copyright

Answer 82

protects the expression of a creative idea -must be fixed (set out in a tangible medium expression) -must be original -must be creative

Question 83

fair Use Doctrine

Answer 83

Provides that a portion of copyrighted work may be reproduced for purposes of "criticism, comment, news reporting, teaching, scholarships, and research"

Question 84

Patent

Answer 84

protects a "product, process, invention, machine, or plant" that is "novel, useful, and nonobvious"

Question 85

Trade Secret

Answer 85

a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors -Allows holder to sue for violation if the owner can prove: --trade secret existed --defendant acquired trade secret through unlawful means --defendant used trade secret without plaintiff's permission

Question 86

Wells Fargo Example

Answer 86

-wells fargo employees had opened more than 2 million accounts for customers without their permission -employees were under extreme pressure from the company to meet certain sales quotas -wells fargo returned $2.6 million to customers and paid $185 million to the consumer financial protection bureau

Question 87

List of Primary Values

Answer 87

Freedom Security Justice Efficiency