Business Ethics
What is considered 'the moral minimum' that companies must abide by?
Obeying basic legal principles
What is the role courts have in the American legal system?
Interpreting the law
Who holds sovereign power in the United States?
National government and state government share sovereign power.
How does Congress establish an administrative agency? What gives Congress the ability to do this?
Congress establishes administrative agencies by passing Enabling Legislation. This states the agency name, purpose, and powers.
They have the ability to do this because of the Delegation Doctrine. This allows Congress to delegate their power.
Define a license.
Allows a foreign firm to use an established brand name for a fee.
What is the relationship between the law and ethics?
Depending on the circumstances, the law can require higher, lower, or the same standard of conduct as ethical demands.
In the American legal system, laws are broad in nature. What is the reason for this?
Laws are broad in nature in American law because trying to come up with laws for every possible ‘wrong’ behavior would be exhausting and nearly impossible. As such, laws are made to be broad so that they may be flexible.
What amendments are included in the Bill of Rights? What is the purpose of the Bill of Rights?
The Bill of Rights is meant to limit actions of the government both at the federal and state levels. The first 10 amendments are included in the Bill of Rights.
Explain what legislative and interpretive rules are.
Legislative rules are rules made by an administrative agency that are legally binding.
Interpretive rules are ones that are made by administrative agencies and are not legally binding. Instead, they are statements of policy.
As it relates to international law, what is a quota?
Government-imposed trade restriction that limits the number, or sometimes value, of goods & services that can be imported or exported during a given time.
What is the triple bottom line? Explain each part of the triple bottom line and give examples.
Planet- Environmental awareness, waste management, etc.
People- Charitable contributions and employee welfare
Profits- Revenue and business growth
Judge Watson is presented with a unique case regarding how a California state statue should be applied. Once his decision is delivered, it may be found in this body of law for future similar cases in the same court. What is this an example of?
This is an example of common law and sets precedent.
What are the two types of due process? What guidance do they give for our judicial systems? Explain.
Substantive Due Process: Violated when govt. limits fundamental rights without an overriding state interest.
Procedural Due Process: Govt. decision to take away life, liberty, or property should be done in a fair process.
They guide the judicial system to protect fundamental rights from being taken away or limited without just cause.
Why might a rule put forth by an Administrative Agency be voided?
The rule fell outside of the agencies stated powers and purposes.
What is the principle of comity?
A deference by which one nation voluntarily enforces/adopts a law from another nation as long as the acts are consistent with the law and public policy of that accommodating nation.
In deciding whether an action is right or wrong, a person should evaluate the situation under the principle of a categorical imperative. What does this term mean?
Evaluating an action by thinking about the consequences of what would happen if everybody acted the same way.
Explain the three approaches/perspectives when it comes to law in as much detail as possible.
Natural Law School: Natural Law is the belief there are fundamental rights and morals that transcend the law. (Rosa Parks, MLK, Civil Disobedience)
Positivist School: Positivist Law is the idea there is no higher authority than laws created by the government, and they need to be followed to avoid anarchy.
Historical School: Historical Law is the idea that throughout history there are key principles and ideas that should be upheld (such as ideas presented in the Constitution).
What is interstate and intrastate commerce? Explain both and then answer the following: which of these does Congress have the power to regulate under the commerce clause?
Interstate: Commerce occurring between states.
Intrastate: Commerce occurring within a state.
Under the commerce clause, Congress has the ability to regulate both.
What makes administrative agencies unique?
They are able to exercise power normally divided and limited to the three main branches of government.
Define the act of 'dumping' as it relates to International Law.
Selling of goods in foreign countries at a price below the price charged in it's domestic market.
Assume you are working at a company, and you find out that one of your co-workers has secretly been stealing office supplies. From a duty-based ethics point of view, what would be the appropriate thing to do? From an outcome-based ethics point of view, what would be the correct thing to do? Explain.
From a duty-based perspective, the actions are wrong regardless of how severe its negative impacts are. As such, you would likely report the person stealing.
From an outcome-based point of view, you would have to weigh which outcome creates the greatest good and debate whether or not the harm caused by this person’s stealing is significant enough to justify reporting them and possibly getting them fired.
For the following scenarios, state whether the following is true or false as it relates to the law. Be prepared to explain the answer your group chooses:
1. The mayor of a town in Alaska can enact a local ordinance that raises the voting age in presidential elections.
2. Statutory laws are laws enacted by legislature.
3. Uniform laws are laws that all U.S. states have to follow.
4. Administrative agencies create laws that allow for administration.
5. A court case can lead to a legal change.
False -- This law would be deemed invalid because it would contradict a law set forth by the federal government.
True -- Laws put forth by legislature are called statutory
False-- Uniform laws are recommended laws, but it is up to the individual states to choose whether or not to make them laws
False-- Administrative Agencies create laws specific to their area of expertise and are limited to what powers have been delegated to them.
True-- Rulings by the courts can set precedent for legal changes
What is the First Amendment? What limitations, if any, exist for protections given by the First Amendment?
The First Amendment gives freedom of speech to the people. There can be limitations on the time, place, and manner of speech. Just because there is freedom of speech doesn't mean there are not consequences for saying things.
What are the controls placed on administrative agencies by the three other branches?
Executive Controls: President can appoint federal officers and veto legislation
Legislative Controls: Authority over Agencies through legislation—time/monetary limits—can abolish agencies altogether if they decide to
Judicial Controls: Courts review agency actions
Expropriation: Government seizes privately owned property and awards just compensation.
Confiscation: Government seizes private property without just compensation.
Expropriation is legal, Confiscation is illegal.