Final Flashcards

(66 cards)

1
Q

Ethics

A

Determining the right thing to do

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2
Q

Law

A

Societys codeificaiton of ethics

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3
Q

What are the models of ethics

A
  • freedom make ur own decisions
    -Welfare common good
    -virtue what u know is right
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4
Q

Duty based ethics

A

following rules and existing laws, regardless of the outcome of the action. This approach is focused on the act itself, rather than the consequences.

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5
Q

a moral principle that states that one should only act in ways that they would be willing to have become a universal law.

A

categorical imperative

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6
Q

fairness and impartiality in decision-making processes, rather than the outcomes of those decisions.

A

Procedural Justice

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7
Q

considers the outcome of actions and focuses on the greatest good for the greatest number of people. This approach is focused on the consequences of actions, rather than the act itself.

A

Consequentialism

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8
Q

a type of consequentialism that emphasizes maximizing overall happiness or pleasure. It argues that the best action is the one that produces the greatest balance of good over bad for all affected parties.

A

Utilitarianism

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9
Q

focuses on fairness in the distribution of benefits and burdens among individuals or groups. It considers whether the outcomes of actions are fair and just, rather than the actions themselves.

A

Distributive justice

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10
Q

a method for evaluating the positive and negative impacts of an action, and weighing them to determine the best course of action.

A

Cost-benefit analysis

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11
Q

To conduct a cost-benefit analysis,

A

one must consider who will be affected by the action, how they will be affected, and the relative value or importance of the impacts.

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12
Q

he idea that what is considered ethical varies depending on culture and location. This means that what may be considered right or wrong in one place may not be the same in another.

A

Ethical relativism:

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13
Q

a situation in which a shared resource is overexploited because individuals acting in their own self-interest do not have an incentive to preserve it. This can lead to the depletion or destruction of the resource, to the detriment of all members of the group.

A

Tragedy of the commons:

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14
Q

To avoid the tragedy of the commons

A

it is necessary to establish rules and regulations to ensure that the shared resource is used sustainably and in the interests of the common good

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15
Q

the rights that consumers have to make informed decisions, be protected from harm, and have a level playing field with producers

A

Consumer rights

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16
Q

Consumerism

A

Consumers are empowered to make informed choices and that product be safe

Government passing laws to protect consumers

Leveling the playing field to prevent consumers form being victimized

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17
Q
  • Caveat emptor
A

the principle that the buyer assumes the risk of any defects or problems with a product, unless there is a specific warranty or guarantee

Not so much anymore

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18
Q

laws that are passed to provide consumers with information, protect them from deceptive or unfair practices, ensure product safety, and level the playing field between consumers and producers

A

Consumer protection law

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19
Q

Informed decision-making:

A

the ability of consumers to make decisions based on accurate, complete, and relevant information

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20
Q

advertising that misrepresents or omits important information and is likely to mislead consumers

A

Deceptive advertising:

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21
Q

the idea that a representation or omission in advertising is considered material if it is likely to have an impact on consumers’ decisions

A

Materiality

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22
Q

the federal agency responsible for unfair or deceptive ads

A

FTC

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23
Q

Lanham Act

A

allows competitors sue

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24
Q

Defenses to negligence:

A

showing that the plaintiff was also negligent (comparative negligence), that the plaintiff assumed the risk of the injury (assumption of risk), or that the defendant did not owe the plaintiff a duty of care.

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25
a legal doctrine that allows the court to compare the fault or negligence of the plaintiff and the defendant and allocate responsibility for the injury or damage based on their relative fault.
Comparative negligence:
26
a legal doctrine that bars the plaintiff from recovering any damages if they were also negligent or at fault for the accident or injury. This doctrine is still used in a few states,
Contributory negligence:
27
a defense that can be used if the plaintiff voluntarily assumed the risk of the injury or damage by engaging in a dangerous activity or activity that they knew or should have known was risky.
Assumption of risk:
28
: the legal obligation of a person to exercise reasonable care to prevent foreseeable harm to others. This obligation varies depending on the circumstances and the relationship between the parties.
Duty of care
29
the standard used by courts to determine whether a person acted negligently. This standard is based on what a hypothetical reasonable person would do in the same situation
Reasonable person standard
30
legal obligation that requires a person to take active steps to prevent harm to others, rather than just avoiding causing harm
Affirmative duty
31
Defamation has two types
Libel (Written) Slander spoken
32
Spoken defamation
Slander
33
Writen defamtion
Libel
34
MARKET SHARE LIABILITY test
All defendants must be tortfeasors * The harmful products are identical * P, not at fault, cannot establish exact tortfeasor * All manufacturers sold product in same geographic area at the same tim
35
Special damages: out of pocket damages (lost wages, medical bills, cost of repairing) General damages: others (pain and suffering, mental distress, loss of consortium)
Compensatory / actual damage
36
Token damage pays attorney fees
Nominal damages
37
Purpose: punish Defendant and deter others Must get nominal or compensatory damage first Only available in limited cases: willful conduct. NOT available in contract cases There is a limit (SCOTUS said 10x compensatory damage)
* Punitive damage
38
Enforcement
The Department of Justice's antitrust division can take civil or criminal action The Federal Trade Commission is a federal agency that can bring civil action against businesses on behalf of the government State Attorney Generals can enforce federal and state antitrust laws, and can bring federal claims Private parties, typically competitors, can sue in federal court for civil cases, but must have standing (causation and the unlawful actions were protected by antitrust laws)
39
This act prohibits contracts, combinations, or conspiracies that restrict trade Restraints of trade are considered unreasonable, and can be either "per se" (inherently unreasonable and always illegal) or subject to the "rule of reason"
SHERMAN ACT
40
Monopoly is not illegal if
it arises from a historic accident or natural monopoly, or if a company has superior products or business acumen
41
Monopoly is illegal
if there is an attempt to monopolize the market, or if certain transactions may cause potential problems in the future (such as creating a monopoly)
42
Tying Arrangements:
This occurs when the sale of one product is conditioned on the buyer purchasing another product
43
U.S. laws can apply to overseas conduct that affects the U.S. market Businesses must follow the laws of the countries where they operate, manufacture, and sell goods.
Extraterritoriality
44
Hiring Independent Contractors
Hiring party does not have to follow certain laws (e.g. Title VII, minimum wage, unemployment payment, benefits/insurance, respondeat superior) Tax benefits
45
Rights and Duties of Employees
Duty of loyalty (fiduciary obligation) Non-disclosure agreements, protecting confidential information Right to fair pay (minimum wage and overtime, breaks)
46
prohibited act-action or conduct which is a constituent element of a crime,
Actus reus
47
state of mind
Mens rea
48
defendant pleads guilty to a lesser crime and receives a lesser sentence in exchange for giving up certain constitutional rights
Plea bargain
49
prosecutor must disclose all materials to the defense attorney, who must disclose all evidence to be used at trial; defendant cannot be compelled to answer questions before or during trial
Discovery
50
paying money to a government official in exchange for something
Bribery
51
multiple crimes committed in an ongoing conspiracy to engage in criminal conduct by two or more people
RICO
52
hiding the proceeds of illegal activities
mONEY laundering
53
using non-public information to buy or sell stocks
Insider trading
54
conspiring with competitors to set prices for goods or services
Price fixing
55
using reasonable force to protect oneself from harm
Self defense
56
using reasonable force to protect others from harm
Defencse of others
57
committing a crime to prevent a greater harm
Necessity
58
committing a crime under threat of harm
Duress
59
a fixed sentence, determined by the judge or by statute
Determinate sentences
60
a range of possible sentences, determined by the judge or by statute
Indeterminate sentences
61
: a sentence that allows the defendant to serve the sentence outside of prison, with certain conditions
Probation
62
release from prison before the end of the sentence, with certain conditions
Parole
63
payment to the victim for harm caused by the crime
Restitution
64
A defendant has the right to appeal a criminal conviction. What is a appeal based on?
The appeal is based on errors made during the trial, such as incorrect application of the law or violations of the defendant's constitutional rights The appeal is decided by a higher court, which may overturn the conviction or order a new trial.
65
Tying acts are illegal if
Uses this power to increase sales of the separate tied product and effects the tied product market
66
Tying acts are legal if
If there are competitors—likely legal