Term
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Definition
| looks at all steps, not just the end. (THE END DOESN'T JUSTIFY THE MEANS) |
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Term
| Social Ethics Theories
-Social Egalitarians |
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Definition
| believe that society shold provide all its members with equal amounts of goods and services regardless of their relative contributions (e.g. Karl Marx) (Communism) |
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Term
Social Ethics Theories
Distributive Justice
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Definition
| stresses equality of opportunity rather than results (level the playing field) |
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Term
Social Ethics Theories
Libertarians
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Definition
| Stress market outcomes as the basis for distributing society's rewards. (society controls all) |
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Term
Arguements against Social Responsibility
Profitability |
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Definition
| Because corporations are artificial entites establishd for profit-making activities, their only social obligation should be to return as much money as possible to shareholders. |
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Term
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Definition
| Whenever corporations engage in social activities such as supporting the arts or education, they divert funds rightfully belonging to shareholders and/or employees to unrelated third parties |
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Term
Arguements against Social Responsibility
Accountability
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Definition
| a corporation is subject to less public accountability than public bodies. |
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Term
Arguements against Social Responsibility
Profititability
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Definition
| because corporations are artificial entities established for profit making activites their only social obligation should be to return as much money as possible to shareholders. |
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Term
Arguements FOR Social Responsibility
The Social Contract
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Definition
| society allows for the creation of corporations and gies them special rights so corporations are responsible to society. |
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Term
Arguements FOR Social Responsibility
*Less Government Regulation
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Definition
| by taking a proacive role, corporations create a climate of trust and respect that has the effect of reducing governemtn regulation |
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Term
Arguments FOR Social Responsibility
-*Goodwill |
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Definition
| corporate ethical behavior and social involvement creates goodwill, which simply makes good business sense |
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Term
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Definition
| a corporations fundamental legal duty is to its shareholders |
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Term
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Definition
| is to the District Court of Appeal. You have a right to appeal in this court |
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Term
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Definition
| is to the FLorida Supreme Court. Decides if they will hear appeal case |
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Term
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Definition
| the doctrine that once an issue has been decided by a court, all courts MUST follow that decision even if they do not agree with it. |
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Term
Stare Decisis
-Subject matter Jurisdiction |
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Definition
| authority of a court to decide a particular kind of case, based on either the type of claim or amount at issue. |
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Term
Stare Decisis
-Jurisdiction over the Parties |
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Definition
| the power of a court to bind the parties to a suit. |
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Term
Subject Matter Jurisdiction
-Exclusive |
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Definition
| Federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases. |
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Term
Subject Matter Jurisdiction
Concurrent Federal/State Jurisdiction |
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Definition
| (concurrent means more than one court has authority to hear the same case). |
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Term
| Example of Concurrent Federal/State Jurisdiction |
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Definition
| State and Federal courts have concurrent jurisdiction over (1) Federal question cases (cases arising under the Constitution, statues, or treaties of the United States) that do not involve exclusive Federal jurisdiction and (2) diversity of citizenship cases involving more than $75,000 |
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Term
Subject Matter Jurisdiction
--Exclusive State Jurisdiction |
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Definition
| State courts have exclusive jurisdiction over all matters to which the Federal judicial power does not reach |
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Term
Subject Matter Jurisdiction
--Removal Jurisdiction |
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Definition
| In most circumstances, when a case is filed in state court where there is concurrent jurisdiction, the defendant may remove it to Federal Court |
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Term
Jurisdiction over the Parties
--In Personam Jurisdiction |
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Definition
| jurisdiction based upon claims against a person, in contrast to jurisdiction over the persons property. |
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Term
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Definition
| the law is an inherent, intuitive set of principles |
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Term
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Definition
| the law is what established and stated to be |
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Term
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Definition
| the law is what the particular decision- maker decides it to be |
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Term
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Definition
| the law is an implement of societal control to maintain the pwoer of th elite class |
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Term
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Definition
| law creating rights, duties and remedies |
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Term
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Definition
| rules for enforcing substantive law through adminstrative or judical processes |
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Term
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Definition
| law dealing with the relationship betweeen govt and indiv's [ constitutional, criminal and adminstrative law] |
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Term
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Definition
| law governing the relationships among indiv's and/or legal entitites such as corporations |
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Term
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Definition
| fundamental law of a govt establishing its powers and limitations |
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Term
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Definition
| common law: body of law developed by the courts |
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Term
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Definition
| statues or ordinances adopted by legislative bodies (includes Treaties) [state,congress] |
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Term
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Definition
| rules,regulations, orders, and decisions made by adminstrative agencies |
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Term
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Definition
| a scholarly; researched summary of the general principles of common law in a particular area of law |
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Term
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Definition
| model statue drafted by conference and adopted by a number of states. UCC, UPA, etc/ model of state law [ex: drinking age law has been adopted by all states] |
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Term
hiearchy of courts
--FL Courts |
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Definition
State courts
1. FL county courts
2. FL circuit courts
3. FL District Court of appeals
4. FL Supreme Court |
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Term
Hiearchy of courts
--US Courts |
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Definition
U.S Courts
1. U.S District courts
2. U.S Circuit court of appeals
3. U.S Supreme court |
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Term
Legal analysis
Jackson bought a new car and was going to sell his old one for 2500. His cousin trina called and said she needed a car, so jackson said he'd give it to her for free. The next day a coworker offered 3500 for the car, and he sold it to the coworker instead. Did jackson have the right to sell the car or did he legally gave it to a Trina as a gift? |
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Definition
| Because the donor(Jackson) didnt deliver the car to the doner(Trina), legally no gift was made, Jackson was free to sell the car |
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Term
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Definition
| indiv's look to a central authority or set of rules to guide them in ethical decision making |
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Term
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Definition
| actions must be judged by what indiv's subjectively feel is right or wrong for themselves |
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Term
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Definition
| one must judge a person's actions by first putting oneself in the actor's situation. (put yourself in their shoes) |
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Term
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Definition
| moral actions are those that produce the greatest net happiness for society as a whole compared with net pain (E.G Jeremy Bentham) |
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Term
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Definition
| assesses each act separately accoridng to whether it maximizes good over bad |
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Term
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Definition
| supports rules that on balance produce the greatest pleasure for society |
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Term
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Definition
| quantifies the benefits and cost of alternatives. |
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Term
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Definition
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Term
| appropriation of name or identity |
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Definition
| unauthorized use of a person's identity |
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Term
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Definition
| unreasonable and offensive interference with the seclusion of another |
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Term
| public disclosure of private facts |
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Definition
| offensive publicity of private information |
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Term
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Definition
| offensive and misleading publicity about another |
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Term
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Definition
| wrongfully entering land of another |
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Term
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Definition
| notrespassory interference eercise of control over another's personal property |
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Term
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Definition
| unauthorized intentional exercise of control over another's personal property |
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Term
| interfernce with contractual relations |
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Definition
| intentionally causing one of the parties to contract not to perform |
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Term
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Definition
| publication of false statements about another's property or products; ' business defamation' |
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Term
| fraudulent misrepresation (fraud) |
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Definition
| false statement, made with knowledge of its falsity, intended to induce another to act |
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Term
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Definition
| a person may not recover for injury for an incident to which he willingly and knowingly consents. |
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Term
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Definition
| a person may take appropriate action to prevent harm to himself where time does not allow resort to the law |
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Term
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Definition
| parties may be legally entitled to act in certain ways |
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Term
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Definition
| 1st amendment that protects most speech |
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Term
| corporate political speech |
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Definition
corporation's right to speak out on political issues
case (Citizen's United) |
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Term
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Definition
| expression related to the economic interests of the speaker and the audience, receives a lesser degree of protection |
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Term
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Definition
| tort consisting of a false communication that injure's a person's reputation |
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Term
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Definition
5th amendment-congress
14th amendment-states
prohibit the Fed and State gov'ts from depriving any person of life, liberty,property w/o due process of law |
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Term
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Definition
| determination of whether a particular governmental action is compatible w/ individual liberties |
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Term
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Definition
| requires gov't decision making to be fair and impartial if it deprives a person of life,liberty,or property |
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Term
| independent administrative agencies |
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Definition
| leaders of these agencies are appointed for set terms and usually cant be fired |
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Term
| function of administrative agencies(rulemaking) |
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Definition
| process by which adminstrative agencies promulgate rules of law |
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Term
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Definition
| substantive rules issued by an administrative agency under the authority delegated to it by the legislature |
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Term
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Definition
| statements issued by an administrative agency indicating how it construes its governing statute |
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Term
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Definition
| many agencies have investigative authorities to obtain info to determine whether rules have been violated |
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Term
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Definition
| formal methods by which an agency resolves any disputes |
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Term
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Definition
| acts as a control to check by a court on a particular rule or order of administrative agency |
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Term
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Definition
| when a business can no longer do business with the government (get liquor licenses, etc) |
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Term
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Definition
| Jurisdiction based on claims against property located in PERSONAM JURISDICTION |
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Term
Personam Jurisdiction may exist when?
***3 qualifications*** |
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Definition
1. A person is a resident of a state
2. is served while being present in a state
3. based on a long-arm statue |
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Term
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Definition
| Statue that allows states to excercise jurisdiction over out-of-state defendants when there is a connection between the defendant and an event in the state |
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Term
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Definition
| 1. Plaintiff drafts initial pleadings, including summons and complaints. |
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Term
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Definition
| 2. Plaintiff files complaint in appropriate court and has summons issued. |
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Term
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Definition
| 3. Plaintiff summons and complaint served on Defendant(s). |
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Term
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Definition
| 4. Defendant(s) must answer, typically within *20 days* of service, or default may be entered. |
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Term
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Definition
| Defendant may respond in a variety of ways |
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Term
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Definition
| Defendants may move to dismiss complaint prior to answering; these defenses may also be included in the answer. |
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Term
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Definition
| Defendant's pleading in response to the plaintiff's complaint. May include affirmative defenses; (Counter, Cross, or Third Party Claims) |
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Term
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Definition
| Final ruling by the judge in favor of one party based on evidence disclosed by discovery. |
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Term
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Definition
A non-judicial proceeding in which a neutral party selected by the the disputants renders a binding decision(award).
**(Arbitration is increasingly common)** |
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Term
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Definition
| a formal nonbonding process in which a qualified third party acts as an intermediary between the disputing parties and proposes solutions for them to consider |
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Term
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Definition
| In most states, much more common in federal court than in state court. |
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Term
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Definition
| The division of governing power between the federal government and the states. |
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Term
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Definition
| Federal law takes precedence over conflicting state law. |
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Term
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Definition
| Right of the federal government to regulate matters within its power to the exclusion of regulation by the states. |
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Term
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Definition
| Court examination of government actions to determine whether they conform to the U.S. Constitution. |
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Term
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Definition
| Allocation of powers among executive, legislative, and judicial branches of government. |
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Term
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Definition
| actions of governments to which constitutional provisions apply. The constitution does not limit private behavior- it may only protect it. |
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Term
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Definition
| Exclusive power of the federal government to regulate commerce with other nations and among the states. |
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Term
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Definition
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Term
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Definition
| A less serious crime lower degree number os more severe |
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Term
| Capital felony (highest punishment level) |
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Definition
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Term
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Definition
| A wrongful or prohibited act (battery homicide) |
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Term
|
Definition
| criminal intent or mental fault |
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Term
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Definition
| liability imposed for acts of employees if the employer directed, participated in, or approved of the the acts. |
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Term
| Liability of a Corporation |
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Definition
| under certain circumstances a corporation may be convicted of crimes and punished by fines |
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Term
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Definition
| non-consentual taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property. |
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Term
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Definition
| taking of another's property by a person who was in lawful possession of the property |
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Term
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Definition
| obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud |
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Term
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Definition
| committing larceny with the use or threat of force |
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Term
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Definition
| under most modern statues, an entry into a building with the intent to commit a felony |
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Term
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Definition
| making unlawful threats to obtain money or property |
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Term
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Definition
| offering money or property to a public official to influence the official's decision |
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Term
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Definition
| intentional falsification of a document to defraud |
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Term
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Definition
| knowingly issuing a check without funds sufficient to cover the check |
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Term
| Defense of Person or Property |
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Definition
| individuals may use use reasonable force to protect themselves, other individuals, and their property |
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Term
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Definition
| coercion by threat of serious bodily harm;a defense to criminal conduct other than murder |
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Term
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Definition
| honest and reasonable belief that conduct is not criminal (intent crimes only) |
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Term
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Definition
| protects individuals against unreasonable searches and seizures |
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Term
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Definition
| protects persons against self-incrimination (miranda rights), double jeopardy, and being charged with a capital crime except by grand jury indictment. Requires due process |
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Term
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Definition
| provvides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel |
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Term
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Definition
| prohibits excessive bail, and excessive fines or cruel and unusual punishments |
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Term
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Definition
| from the latin meaning twisted, it is an action that is wrongful under civil law |
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Term
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Definition
| A tort in which the wrongful action was undertaken deliberately with the intention to cause the specific act to occur or was taken knowing that it would occur |
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Term
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Definition
| intentional infliction od apprehensive of immediate bodily harm or offensive contact. |
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Term
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Definition
| intentional infliction of harmful or offensive bodily contact |
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Term
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Definition
| intentional and unreasonable confining of a person against her will |
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Term
| Infliction of Emotional Distress |
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Definition
| extreme and outrageous conduct causing severe emotional distress |
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Term
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Definition
| false communication that injures person's reputation |
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Term
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Definition
| written or electronically transmitted defamation |
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Term
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Definition
| Exclusive power of the federal government to regulate commerce with other nations and among the states. |
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Term
| State Regulations of Commerce |
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Definition
| The "Dormant" commerce clause of the constitution restricts the states' power to regulate activities if the result obstructs interstate commerce. |
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Term
| Types of laws are likely to be invalid |
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Definition
| Laws that levy taxes on goods moving in commerce through the state (except sales taxes to retail purchasers); Laws the unduly burden interstate commerce, such as by strict regulation. |
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Term
| Enron (US v. Kenneth Lay et al) |
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Definition
defendants were prosecuted for securities fraud due to the
filing of false financial statements |
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Term
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Definition
AA was prosecuted for obstruction of justice when one of its partners
shredded documents, but the conviction was reversed by the Supreme Court |
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Term
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Definition
state laws discriminating against out–of-state direct sellers of wine violated
the dormant commerce clause, and were not authorized by the 21st Amendment |
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Term
| Kelo v. City of New London |
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Definition
government may use eminent domain to acquire property as part
of a government-sponsored redevelopment plan, even if the property will eventually be used by
private businesses |
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Term
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Definition
campaign laws limiting corporations from spending money for
independent political speech are invalid under the First Amendment |
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