What is law?
The legal capacity to require another person to
perform or refrain from action
Right
The law that defines rights and liabilities
Substantive law
If an act is legal, then it is
moral.
Positive Law
The Business Stakeholder Standard of
Behavior
Stakeholder analysis measures the impact
of a decision on various groups and asks
whether public disclosure of that decision
is defensible.
What is direct examination?
examination of witness by their attorney
An obligation of law imposed in a person to perform
or refrain from performing a certain act
Duty
The law that must be followed in
enforcing rights and liabilities
Procedural law
Higher standards of conduct
than positive law.
Natural Law
Resolving ethical dilemmas requires
training.
Virtue Ethics
What is voir dire?
Jury Selection
Rules promulgated by state and federal
administrative agencies
Administrative Law
Wrongs against society
Criminal wrongs
Also known as entitlement
theory; everyone has a set of rights, and it
is up to the government to protect them.
Rights Theory
Moral Relativists
Standards should be
based upon the circumstances, and there
should not be predefined standards.
True or False:
When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.
False
Rules and regulations parties agree to as part of
their contractual relationships.
Private Law
Wrongs against an individual
Civil Wrongs
We should act in
our own self-interest and only judge
ourselves.
Ethical Egoism Theory
Kant’s Categorical Imperative
• We cannot use others in a way that gives us a
one-sided benefit.
• Everyone must operate under the same
usage laws.
• You need to be fair and also must want to do
it for the right reasons.
True or False:
To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court.
False
Principles expressed for the first time in court
decisions
Case Law
A body of law that provides justice when the law
does not offer an adequate remedy or application of the law
would be terribly unfair
Equity
We should do the good
for the most amount of people.
Utilitarian Theory
All behavior is ethical
under this simple standard.
Absent illegality
What is garnishment?
common method used to satisfy judgement