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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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Categorical Imperative (Kant)

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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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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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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.

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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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Virtue Ethicists (Plato and Aristotle)

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Develop virtues and determine conduct by those virtues.

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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

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primum non nocere

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"Above all do no harm."

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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.

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Moral Relativists

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

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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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Divine Command Theory

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Ethical standards are based upon religious beliefs.

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Methods avoid facing ethical dilemmas

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Re-labeling (copyright infringement vs. peer-to-peer file sharing) and rationalizing.

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Utilitarian Theory

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Greatest good for the greatest number of people.

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Censorship

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According to the American Civil Liberties Union (ACLU), it is the "…Suppression of words, images, or ideas that are "offensive,"…

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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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"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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Stakeholders

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

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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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Shareholders

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Owners of shares of stock in a corporation.

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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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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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Steroids

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

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Stare Decisis

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The doctrine of following or distinguishing precedent from previous court cases. It is Latin term for "Let the decision stand"

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Criminal Laws

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Wrongs against society that are enforced by the government.

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Universal Treaty

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A treaty accepted and recognized by all countries.

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Statutory Laws

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Laws that are passed by some governmental entity.

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Ordinances

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Laws at the city, town, or county level.

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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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Injunction

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

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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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Constitution

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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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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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Bilateral Treaty

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In international law, a treaty between two nations.

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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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Jurisdiction

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The power of a court to settle disputes.

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Affirm

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When the appellate court upholds the lower 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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Federal District Court

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The trial court of the federal system.

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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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Reverse

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

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Precedent

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Prior judicial decisions.

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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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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 by $75K or more as well.]

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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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In Personam jurisdiction

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Jurisdiction over a person.

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Appellant (or petitioner)

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The party who appeals a lower court's decision.

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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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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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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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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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Small Claims Court

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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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Remand

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

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Federal Circuits

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Geographic groupings of the federal district courts for purpose of appellate jurisdiction.

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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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Plaintiff

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

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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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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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Attorney-client privilege

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An attorney cannot disclose statements or information given by the client.

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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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Appellate Court

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

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Concurrent Jurisdiction

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Authority of more than one court to hear a case.

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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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Venue

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Geographic location of a trial.

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Reversible error

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

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Summons

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Court order issued to the defendant in a lawsuit that explains the requirement of filing an answer or other response and the time period in which it must be done.

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Statute of limitations

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Statutes controlling the time periods in which suits must be brought by plaintiffs.

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Legal remedy

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In common law, a legal remedy consisted of money damages only.

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International Chamber of Commerce (ICC)

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Voluntary body with uniform rules on commerce and contracts.

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Alternative Dispute Resolution (ADR)

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Means other than litigation used to resolve disputes and claims; includes arbitration, mediation, and negotiated settlements.

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Minitrial

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ADR method in which the officers of two firms in a dispute listen to the key evidence in a case to see if a settlement can be determined.

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Prima Facie Case

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A case establishing all the necessary elements; without rebuttal evidence from the defendant, entitles the plaintiff to a verdict.

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Counterclaim

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Pleading in a lawsuit in which the defendant makes allegations against the plaintiff in response to the plaintiff's complaint.

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Work product

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An attorney's thoughts, research, and strategy in a case; nondiscoverable.

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Interrogatories

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Method of discovery in which parties send written questions to each other, with responses that are given under oath.

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Complaint

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Pleading that outlines the plaintiff's allegations against the defendant and the remedies sought.

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Peremptory Challenge

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Right to strike jurors with or without cause (usually limited in number).

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Request for Production

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Discovery tool in which one side asks the other side to produce documents relevant to the case.

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Equitable remedy

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A remedy other than money damages, such as specific performance, injunction, and so on.

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Rent-A-Judge

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ADR method in which the parties hire a former judge and a private hearing room and the judge determine liability. EX: Judge Judy

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Process servers

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Individuals licensed by a state to deliver summonses and subpoenas to individuals.

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Verdict

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The outcome or decision in a trial.

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Discovery

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Pretrial process to gather evidence for a case.

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Default

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Judgment entered when the defendant fails to file an answer or other responsive pleading in a lawsuit.

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Injunctions

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Equitable remedy in which the courts order or stop a particular activity.

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Request for Admissions

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Discovery tool in which one side asks the other to admit certain facts in a case.

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Derivative suit

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Lawsuit brought on behalf of another through the other's rights; for example, a shareholder suing to enforce a corporation's rights.

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Depositions

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Form of discovery in which witnesses or parties can be questioned under oath in recorded testimony outside the courtroom.

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Specific performance

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Equitable remedy in which party asks for performance of the contract as damages.

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Mediation

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ADR mechanism in which a third party helps the parties come to an agreement that settles a dispute.

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Answer

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Pleading filed by the defendant containing the defendant's version of the basis of the suit.

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Pleadings

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The complaint, answer, and counterclaim filed in a lawsuit.

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Summary Jury Trial

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An ADR method in which the parties present a summary of their evidence to a private jury and then agree to abide by their decision or settle, depending on what the jury concludes.

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Binding Arbitration

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Arbitration from which there is no judicial appeal.

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Burden of Proof

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The responsibility of the party for providing the facts needed to recover in a lawsuit.

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Class action suits

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Civil suits by a group of plaintiffs with the same claims.

LES 305 Vocab Terms – Flashcards

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