Exam 3 Flashcards

1
Q

chinese firewall

A

where one division in a firm cannot ethically reveal material info to another division

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2
Q

mosaic analysis

A

method used by stock market analysts to gather info about a corporation’s character & financial stability

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3
Q

most common unethical acts in marketing

A

deception, churning, unsuitability, bundling, dependence creation

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4
Q

caveat emptor

A

(buyer beware) makes consumers responsible for transactions on the grounds that they know or should know all about the product they’re buying

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5
Q

dependence effect

A

can manufacturers really create a new market demand simply through advertising?

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6
Q

staple

A

produce whose life cycle can span many generations

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7
Q

fad

A

public desire for product whose use is so superficial, the desire is based more on whim than need

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8
Q

underpricing

A

large company uses price manipulation to drive a smaller competitor out of business

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9
Q

discriminatory pricing

A

lobbying for laws that allow industry to sell at higher costs to certain buyers

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10
Q

price fixing

A

conspiring with a competitor to divide a market

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11
Q

marginal utility of money

A

increased quality to life brought on by last dollar spent

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12
Q

marginal utility of a good

A

value to a consumer created by a good’s last unit of consumption

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13
Q

shadow pricing

A

comparing of free market purchasing practices to assign $ values to quality of life goods or even to life itself

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14
Q

ethos

A

accepted norms of one’s society

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15
Q

morality

A

study of rules relating to interpersonal relationships

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16
Q

moral philosophy

A

set of values governing social interactions which sustains accepted fundamental rights for all

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17
Q

moral judgement

A

process of deciding what is fair and not fair with respect to people you know

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18
Q

conformity expectations

A

governed by the unwritten rules of decorum and ethos

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19
Q

3 influences of a company’s internal culture

A

visible artifacts, organization values, underlying beliefs

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20
Q

organizational culture

A

set of informal shared values, norms, behavioral standards, and expectations that influence the ways in people interact to achieve goals

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21
Q

cognitive limitation

A

only considering 2 paths, missing possible alternatives

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22
Q

contractual inequality

A

though both parties legally have equal rights, one is in some way disadvantaged

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23
Q

implicit contracts

A

defined by conformity expectations & organizational culture

24
Q

contract law

A

2 or more parties establish the rules by which they will interact with each other

25
Q

conflict of interest

A

when one holds to 2 contractual obligations, explicit or implicit, one to each of 2 competing parties

26
Q

fair contract

A

contractor fully discloses all material info to client

27
Q

due diligence

A

doing all one can to prevent harm

28
Q

dunning

A

methodically communicating with customers to collect receivables is unethical when it takes the form of harassment

29
Q

anticipatory repudiation

A

declaration of the client that he or she does not intend to live up to his/her obligations if unforeseen circumstances arise

30
Q

efficient breach of contract

A

voluntary breach with payment of damages by a party who concludes that they would incur greater economic loss if they performed under the c ontract

31
Q

contractor

A

anyone who is bound by the contracts at hand

32
Q

scienter

A

one who holds esoteric knowledge in something, or a party to a signing knew the contract was fraudulent

33
Q

esoteric

A

knowledge belonging only to those closest to a particular endeavor

34
Q

compensatory damages

A

reimburses a direct loss to the victim

35
Q

consequential damages

A

aka special damages, reimburses an indirect loss to the victim

36
Q

nominal damages

A

this assesses a small amount against the defendant where a misrepresentation is not material, but a point needs to be made

37
Q

meritor savings bank v. vinson

A

established that employers are liable for quid quo pro even if the victim prefers not to report it until a lawsuit

38
Q

hostile work environment

A

created by unwelcome verbal or physical conduct directed at a protected class or for retaliation purposes

39
Q

robinson v. jacksonville shipyards

A

employer is responsible for sexual harassment even if victim suffers no psychological harm

40
Q

tort

A

wrongful act, intentional or unintentional, for which the courts might award compensatory damages

41
Q

actionable

A

improper behaviors or acts that have crossed the line from something inappropriate to being a breach of contract, a tort, or a crime

42
Q

punitive damages

A

awarded when harm by a professional or company is accompanied by ethical misconduct

43
Q

strict liability

A

area of tort law carrying liability for compensatory damages where the linkage to harm is based merely upon an association with antecedent events

44
Q

pyramid scheme

A

investors buy into non-territorial franchise and make their money by selling franchises to other investors

45
Q

ponzi scheme

A

investors buy into an investment pool, whose profits appear to co me from the fund’s success but actually come from cash inputs form other investors

46
Q

disparate treatment

A

created by deliberate acts that deny minority access to the workplace

47
Q

disparate impact

A

created by common business practices that negatively impact minorities

48
Q

reasonable person standard

A

guideline commonly used by courts to determine fairness

49
Q

de facto

A

something that is actual, not by statute buy by practical necessity or outcome

50
Q

common law

A

de facto practices created by precedent torts that have yet to be formalized as statute laws

51
Q

bonafide occupational qualifier

A

an employer can argue that a job requires certain abilities to be properly done

52
Q

lochner v. new york

A

ruled that a law limiting the number of hours a baker can work violated one’s freedom to make contract

53
Q

west coast hotel v. parrish

A

ended the meaning of a business as a private enterprise, turning every business into an agency of govt

54
Q

perry v. sindermann

A

ruled that a job is a form of employee property for purposes of the 14th amendment

55
Q

problem of agency

A

use of one’s decision making power to direct the resources of an organization to one’s personal interests