Chapter 1 test ALL

Legal Studies 200 with Cornwell at University of Alabama - Tuscaloosa

About this deck

By: Bob Sanches
Textbook:

The Legal Environment Today: Business in Its Ethical, Regulatory, E-Commerce, and International Setting (Book & Online Legal Research Guide)
Created: 2011-09-27
Size: 81 flashcards
Views: 66

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trial denovo

if you don't like the outcome of the district court you can try again in circuit court

state system

supreme court
court of appeals
circuit court( felonies and more $civil cases
district court (small claims court) up to $3,000 in small claims

alabama judges

all alabama judges are elected

venue

the geographic district in which an action is tried and from which the jury is selected

standings to sue

a sufficient "stake" in the matter to justify seeking relief through the court system. must be harmed, threatened etc

another necessity for business ethics

clear communication to employees: for ethical code to be effective it's provisions must be clearly communicated to employees, face to face or periodic ethics seminars

johnson and johnson

example of web based ethic training: established a web based legal and compliance center, which uses a set of interactive modules to train employees in areas of law and ethics

corporate governance principles

usually go beyond what is required to comply with existing laws, sets up a system of fair procedures and accurate disclosures that keeps all parties well informed and accountable for another, provides a corporation to resolve any problems that arise

judge made law

case law

establishment of the kings rule

curiae regis, england 1066 william the conqueror began unifying the country under their rule, sought to establish a uniform set of rules for the country as a whole

historical school

emphasizes the evolutionary process of law by concentrating on the origin and history of legal system

legal realism

based on the idea that law is just one of many institutions in society and that is shaped by social forces and needs, law can never be applied with total uniformity

summmons

notifies the defendant that he must file an answer to the complaint with both the court and the plaintiffs attorney within a specific time period

default judgment

defendant fails to answer the plaintiff will be awarded the damages alleged in her complaint

defendants answer

either admits the statements of allegations set forth in the complaint or denies them and outlines any defenses that the defendant may have

counterclaim

a claim made by a defendant in a civil lawsuit against the plaintiff. in effect the defendant is suing the plaintiff

motion to dismiss

requests the court to dismiss the case for stated reasons. pleading which a defendant asserts that the plaintiff's claim fails to state a cause of action, or there are other grounds on which a suit should be dismissed

motion for judgment on the pleadings

a motion by either party to a lawsuit at the close fo the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trail. the motion will be granted only if no facts are in dispute

motion for summary judgment

court may consider evidence outside the pleadings, such as sworn statements(affidavits) by parties or witnesses or other documents related tot he case

U.S district courts

lowest at federal level, equivalent of a state trial court of general jurisdiction is the district court

U.S courts of apperals

13 U.S courts of appeals, U.S circuit of appeals, circuit courts

U.S Supreme Court

highest, washington, all other courts in the federal system are considered inferior

federal judges

appointed by the president

state constitution

a state's constitutions is supreme within the states boarders

statutory law

statutes enacted by legislative bodies at any level of government make up another source of law

federal statutes

laws enacted by the U.S congress, applies to all states

state and local Statutes and ordinances

state statutes are laws enacted by state legislatures, any state law that is found to conflict with the U.S constitution, with federal laws enacted by congress, or with the state's constitution will be declared invalid, only in the states boarders

national conference of commissioners on uniform state laws

issue's uniform statutes, each state has the option to adopt or reject uniform law,if they do not it doesn't become apart of the statutory law of that state

Legal precedent

a decision that furnished an example of authority for deciding subsequent cases involving similar legal principles or facts

year books

during late 13th and early 14th century each year portions of significant decisions of that year were gathered together and recorded

stare decisis

on test: practice of deciding new cases with reference to former decisions, or precedents

utlitarian

the greatest good for the greatest number requires 1. determination to which individuals will be affected by the action in question. 2. cost benefit analysis by an assessment of the negative and positive effects. 3. must have maximum social utility

utilitarian approach

commonly employed to business

E-Evidence

computer generated or electronically recorded information including e-mails, spreadsheets, word-processing documents, and other data, experts can recover computer files the user thought had been deleted

pretrail conference

purpose of the hearing is to explore the possibility of a settlement without trial and, if this is not possible to identify the matters that are in dispute and to plan the course of the trail

jury selection

to determine whether a potential jury member is biased or has any connection with a party to the action or with a prospective witness

concurrent jurisdiction

jurisdiction that exists when two different courts have the power to hear a case, for example either state or federal court

exclusive jurisdiction

jurisdiction that exists when a case can be heard only in a particular court or type of court

moral minimum

minimum acceptable standard for ethical business behavior

judicial review

can decide, among other things whether the laws or actions of the other 2 branches are constitutional

Sarbanes-Oxley Act of 2002

imposed requirements on corporations that are designed to determine similar unethical and illegal business behavior in the future

write or certiorari

a written order from a higher court asking the lower court for the record of a case

ethics

moral principles and values when applied to social behavior, fairness, justness, rightness, or wrongness of an action

business ethics

ethics in a business context; a consensus of what constitutes right or wrong behavior in the world of business and the application of moral principles to situations that arise in a business setting

fiduciary duty

a duty of trust and loyalty to each other and to their firm

Exhibit 1-2

LOOK AT IT

discovery

each party can use a number of procedural devices to obtain information and gathe evidence about the case from the other party or from third parties

desositions

sworn testimony of a party to the lawsuit or any witness that is take out of court, the person answers questions by attorneys and answers are recorded and signed by the deponent,

interrogatories

written questions for which written answers are prepared and then signed under oath, interrogatories are directed to a party of the lawsuit either plaintiff or defendant

jurisdiction over subject matter

a limitation on the types of cases a court can hear

ONline dispute resolution

dispute settlements using the internet

attitude of top management

managers who are not totally committed to maintaining an ethical workplace will rarely succeed in creating one

looking the other way

if a manager looks the other way when they know about an employee's unethical behavior it sets and example

kantian ethics

duty based ethics may be drived solely form philosophicle reasoning, individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in the same way

principle of rights

key factor in determining whether a business decision is ethical is how that decisiona effects the rights of others

jurisdiciton in cyberspace

"sliding scale" standard 1. substancial busness over the internet. 2. some interactivity through a website 3. passive advertising

Gray ares

some situations the legality of a particular action may be less clear

at the trail

attorneys present opening facts, end of plantiff's case defendant's attorney can ask for a direct verdict, attorneys present closing arguements,jury will not only decide for the plantiff or the defendant but if quilty the amount also

sources of common law

U.S consitution, statutes or laws passed by congress, regulations by administrative agencies, case law

secondary source of law

a publication that interprets the law

constitutional law

supreme law of the land

case law

doctrines and priciples of law announced in cases, governs all areas not covered by statutory law or administrative law and is part of our common law tradition

jurisdiction

the authority of a court to hear and decide a specific action

jurisdiction over persons

generally a court can exercise personal jurisdiction over any person or business that resides in a certain geographic area

jurisdiction over property

jurisdiction over property located within it's boundaries called in remjurisdiction

corporate governance principles

corporate governance refers tot he internal principles establishing the rights and responsibilities of a corporations managements, board of directors, shareholders, and stakeholders( those affected by corporate decisions like employees, customers etc

duty-based ethics

ethical standards that are often derived from religious concepts, philosophical reasoning, revealed truths

religious ethical standards

ten commandments

jurisprudence

philosophy or science of law

natural law

denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their native intelligence, natural law applies universally to all humankind

positive law

national law, applies only to the citizens of that nation or society

legal positivism

no higher law than a nation's positive law even if they are unjust to prevent anarchy

litigation

process of working through a lawsuit through the court system

plaintiff's complaing

pleading made by a plaintiff of wrongdoing of the defendant

substantive law

defines, describes, regulates, and creates legal rights and obligations

procedural law

establishes the methods of enforcing the rights established by substantive law

venue

geographis district of which an action is tried and from which the jury is selected

standing to sure

individual must have a sufficient "stake"

attorney's duty of care

conduct of attorneys "must do their best"

liability for malpractice

an attorney fails to exercise reasonable care and professional judgement