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Utilitarian Theory

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Greatest good for the greatest number of people

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Rights Theory

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Everyone has a set of rights and it is the role of government to enforce those rights

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Contractarians and Justice

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Putting ethical standards in place by a social contract; using rational thinking people develop a set of rules for everyone

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Categorical Imperative

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One ought only to act such that the principle of one's act could become a universal law of human action in a world in which one would hope to live

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Laura Nash

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(1) Have you defined the problem accurately? (2) How would you define the problem if you stood on the other side of the fence? (3) How did this occur in the first place? (4) To whom and what do you give your loyalties as a person and as a member of the corporation? (5) What is your intention in making this decision? (6) How does this intention compare with the likely results? (7) Whom could your decision or action injure? (8) Can you engage the affected parties in a discussion of the problem before you make your decision? (9) Are you confident that your position will be as valid over a long period of time as it seems now? (10) Could you disclose without qualm your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? (11) What is the symbolic potential of your action if understood? If misunderstood? (12) Under what conditions would you allow exceptions to your stand?

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Moral Relativist

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Time-and-place ethics; making ethical choices based on the circumstances

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Divine Command Theory

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Ethical standards are based upon religious beliefs

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Virtue Ethicists

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Develop virtues and determine conduct by those virtues

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Blanchard and Peale

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Is it Legal? Is it balanced? How does it make me feel?

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Steps to Follow for Analyzing an Ethical Dilemma

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1. Make sure you have a grasp of all of the facts available. 2. List any information you would like to have but don't and what assumptions you would have to make, if any, in resolving the dilemma. 3. Take each person involved in the dilemma and list the concerns they face or might have. 4. Develop a list of resolutions for the problem. 5. Evaluate the resolutions for costs, legalities, and impact. 6. Make a recommendation on the actions that should be taken.

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Front Page of the Newspaper Test

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"Contemplating any business act, an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper, there to be read by his spouse, children, and friends.

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Primum Non Nocere

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Above all do no harm

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Ethical Egosim

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We all act in our own self-interest and limit our judgments to our own conduct, not the conduct of others

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Methods avoid facing ethical dilemmas

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Re-Labeling and rationalizing

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List the categories of ethical dilemmas

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a. Taking things that don't belong to you. b. Saying things you know are not true. c. Giving or allowing false impressions. d. Buying influence or engaging in conflicts of interest. e. Hiding or divulging information. f. Taking unfair advantage. g. Committing acts of personal decadence. h. Perpetrating interpersonal abuse. i. Permitting organizational abuse. j. Violating rules. k. Condoning unethical conduct. l. Balancing ethical dilemmas.

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Ethics

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Unwritten rules we have developed for our interaction with each other

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Censorship

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According to the ACLU, it is the "...Suppression of words, images, or ideas that are "offensive,"

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Enlightened Self-Interest School of Social Responsibility

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Advises managers to be responsible to shareholders by being responsive to the larger society.

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Inherence School of Social Responsibility

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Advises managers to serve shareholders and to act only with shareholders' interests in mind

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Invisible Hand School of Social Responsibility

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Role of business is to serve larger society and it does so best when serving shareholders only.

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Morals Clause

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Part of a contract for actors, athletes and others that prohibits private conduct that would subject that person to public ridicule

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Shareholders

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Owners of Stock in a company

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Social Responsibility School of Social Responsibility

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Role of business is to serve larger society, so it should serve the needs of the larger society

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Stakeholders

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Groups who are impacted by a company's business decisions including customers, suppliers, and the government.

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Steroids

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Prescription medication often used illegally to increase the performance of competitive athletes

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"Toes to the Line" philosophy

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Doing no more than what is required under the law while violating the spirit (or intent) of the law.

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Acts of state doctrine

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Each country's governmental actions are not subject to judicial review by the courts in other countries

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Affirm

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When the appellate court upholds the lower court's decision

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Appellant (or petitioner

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The Party who appeals a lower court's decision

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Appellate Court

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A court of review that reviews the trail court proceedings for errors of law and procedure

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Attorney-client privilege

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An attorney cannot disclose statements or information given by the client

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Bilateral Treaty

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In international law, a treaty between two nations

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Civil Law

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These are laws affecting the private rights of individuals. They are enforced by the individuals who are harmed.

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Common Law

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The legal customs from England that were adopted by the courts which are now considered to be judicial precedent in the US

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Concurrent Jurisdiction

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Authority of more than one court to hear a case.

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Consititution

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Document that contains an individual's basic rights in a society and the structure of the government

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Contentious Jurisdiction

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Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example, UN courts.

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Court of Justice of European Communities

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The court of dispute settlement for the nations of the European Community

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Criminal Laws

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Wrongs against society that are enforced by the government

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Defendant

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Party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution

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Diversity of citizenship

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A requirement for federal court jurisdiction whereby the plaintiff and defendant must be citizens of different states. [Note that the amount in controversy must be $75K or more as well]

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Equity

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That portion of the law that originated to give remedies when money damages were not appropriate or adequate

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European Court of Human Rights

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A noncommercial court dealing with disputes over the treatment of a country's citizens.

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Federal Circuits

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Geographic groupings of the federal district courts for purpose of appeallate jurisdiction

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Federal District Court

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The trial court of the federal system

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In Personam Jurisdiction

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Jurisdiction over a person

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In Rem Jurisdiction

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A method whereby a court obtains jurisdiction by having property or money located within its geographic jurisdiction, provided that the property is the subject of the dispute

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Injunction

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Equitable remedy in which courts order someone to stop a particular activity

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Inter-American Court of Human Rights

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In international law, the court for resolution of noncommercial issues or the violation of human rights by a particular nation in North or South America.

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International Court of Justice (ICJ)

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Voluntary court in the international system of law; nonbinding decisions.

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Jurisdiction

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The power of a court to settle disputes

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Jurisprudence

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The philosophy of law

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Limited Jurisdiction

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Specialty courts that have only limited authority over certain types of cases with distinct subjects matter; probate courts have limited jurisdiction over probate matters only.

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Long-Arm Statues

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Statutes in each state that allow the courts to bring in defendants from outside the state so long as they have some "minimum contact" with the state

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Minimum Contacts

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Standard used for determining in personam jurisdiction over residents outside the state of the court of litigation; nonresident defendants must have some relationship with the state to justify a court taking jurisdiction.

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Modify

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Action of an appellate court when it agrees with the trial court's verdict changes the judgment amount of the remedy

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Ordinances

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Laws at the city, town, or county level

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Party autonomy

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The right of parties to determine privately their choice of law

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Plaintiff

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Party filing suit, who is alleging a wrong committed by the defendant.

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Precedent

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Prior judicial decisions

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Remand

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When an appellate court sends a case to the trail court for retrial or other proceeding as the result of the appellate court's decision

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Respondent (or Appellee)

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The party against whom a petition or an appeal is filed

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Reverse

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Action of an appellate court in changing the decision of a lower court

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Reversible error

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Mistake made in lower court proceedings that is suffcient in magnitude to change the outcome of a case

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State Decisis

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The principle of adhering to the rule of law from prior decisions.

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Small Claims Court

answer

Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and (usually) without attorneys

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Statutory Laws

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Laws that are passed by some governmental entity

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Trial Court

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The court where the case is initially presented and witnesses testify

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U.S. Supreme Court

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The highest appellate court in the federal system and also the highest appellate court for state appeals

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Universal Treaty

answer

A treaty accepted and recognized by all countries.

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Venue

answer

Geographic location of a trail.

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