Legal & Social Environment of Business
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| 2 Ethics theories | Teleology & Deontology | |
| Teleology | Utilitarianism. End justifies the means.The outcome is good. Ex:Steal food, and give to family. | |
| Deontology | Formalism.Correct ethical decision focuses on process.Method used to get to the end. Ex:It's not ok to steal for family, because you stole. | |
| Kohlberg stages 1-3 | 1)Obey rules to avoid punishment. 2)Follow rules only if it is in own interest, but let others do the same. Conform to secure rewards. 3)Conform to meet the expectations of others. Please others. Adhere to stereotypical images. | |
| Kohlberh stages 4-6 | 4)Doing right is on'e duty. Obey the law. Uphold the social order. 5)Current laws and values are relative. Laws and duty are obeyed on rational calculations to serve the gretest number. 6)Follow self-chosen universal ethical principles. In the event of conflicts, principles override laws. | |
| 4 goals of the law | 1)Maintain order 2)Law exists for peaceful conflict resolution 3)Preserve dominate values 4)To guarantee freedom and preserve justice. | |
| 2 things to make crime | 1)Mensrea-evil intent 2)Actus reus-evil act | |
| 3 types of crimes | 1)Treason-involes act of war aganist U.S. you give aid and comfort to an enemy of the U.S. 2)Misdemeanor 3) Felony | |
| 3 types of Misdemeanors | 1)simple, ex:public intox, up to 35 days in jail and or $500 fine 2)serious-Ex:OWI first offense, up to one year in jail and or $1500 fine 3)aggrevated-Ex:OWI 2nd offense, an assult causing bodily injury, up to 2 years and or $2,500 fine | |
| 4 Types of Felonies | 1)"d" felony lowest, 3+ OWI's and production of drugs, up to 5 years and $35,000 fine 2)"c" Manslaugher, 10 years up to $25,000 fine 3)"b"- arson, 25 years and 10,000 - $20,000 in fines. 4)"a" murder, kidnapping, life in prison, 10,000-$20,000 in fines | |
| Substansive law | creates legal rights. | |
| Procedural law | it enforces the rights specified in substansive law. | |
| Law by judical decision | decided by court. As called case/common law. | |
| Stare Decises | latin for "let the decision stand" | |
| Law by enactment | law passed by legislative body. Ex:speed limit on a highway | |
| Public law | deals with relationship between government and it's citizens. Ex: bankruptcy | |
| Private law | deals with the realtionship between citizens. Ex: divorce | |
| Civil law | addresses issues involving private entities. | |
| Criminal law | deals with wrongs aganist society. | |
| Court system | 1)Court of appeals 2)State supreme court 3)United State Supreme Court 4)U.S Court of Appeals 5)Appeal to the U.S Supreme Court | |
| Jurisdiction | 1)In REM-is the jurisdiction over the land 2)IN PERSONAN-jurisdiction over the person, 3 types 1)live in state 2) non-resident 3)sufficient min contacts | |
| 1984 Sherburne Co. Social Services vs Kennedy | Child support case across borders. Example of jurisdiction. | |
| Venue | refers to proper geographic location to hear case. | |
| Double Jeopardy | Can't be tried for the same crime twice. Done after the first juror is called and sworn. | |
| Burden of Proof | 1)By a preponderance-of the evidence-CIVIL ONLY 2)Clear & convincing- juvenile, drug abuse 3)Beyond a reasonable doubt-CRIMINAL ONLY | |
| 2 Alt. ways used to resolve a case | 1)Medication-non-binding, both parties sit down and try to settle. 2)Arbitration-signed contract | |
| Amendment I | freedom of religion, speech, press, assembly, petition. | |
| Amendment II | Right to bear arms. | |
| Amendment III | No soldiers in house | |
| Amendment IV | leave me alone, unless you have a warrant. (right of the people to be secure in their persons, houses, papers, and effects, againist unreasobnable searches and seizures) | |
| Amendment V | right to remain silent, and don't have to testify against oneself. No double jeopardy, right to due process, have to indited, imenent domain, no private property can be taken for public use without just compensation. | |
| Amendment VI | Right to a speedy and public trial. Right to confornt witness, and a lawyer. | |
| Amendment VII | Suits and common law were a value in controversy shall exceed $20. Right of trial by jury, shall exceed $20. | |
| Amendment VIII | "8" twisted, no cruel & unusual punishment. No twisted punishment. No excessive bail. | |
| Amendment IX | There are more rights. Just becuase we didn't list all rights does not mean they are not there. | |
| Amendment X | States rights. Ex:Gay marriage varies by state, if you don't like it you can move. | |
| Texas vs Johnson | Case involving the buring of the flag.Deals with freedom of speech. | |
| Iota Xi vs George Mason University | Case involving the ugly woman contest. Deals with freedom of speech. | |
| Commercial speech | authorties must be compelling state interest to stop you. Not as much protection. | |
| 1966 Terry vs Ohio | Case involving the guys outside the store who were suspected of trying to rob. Deals with 4th amendment. | |
| Car frisk | getting pulled over and a cop looking thru your car with a flashlight. Weapon type object, they can search your car. | |
| House frisk | search house for anyone trying to ambush officers. Ex:bloody clothes in washer | |
| Exclusionary rule | excludes evidence. Fruit of the posinious tree. Bad search, anything coming from bad search is excluded. | |
| Curtilage | area around your house/apartment. | |
| Waterloo Case | Shot gun under the bed, coke found in duffle bag. Deals with the black man and coke. 4th Amendment. | |
| Total taking | gov. taking your land, they have to give you the total value of it (5th amendment) | |
| Partial taking | can get your legitimate investment back. (5th amendment) |
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