Ethics
Define Ethics.
Deciding what is right or wrong in a reasoned, impartial manner.
How many Federal Court of Appeals are there?
13 courts
What is the 19th amendment?
granted women the right to vote
What is Vicarious Criminal Liability
Occurs when one person is held liable for the criminal actions of someone else.
- Employer-Employee relationship
List 2 ways an offer can end.
Revocation by the offeror
The time stated in the offer
Reasonable length of time
Rejection by the offeree
Counteroffer
Death or insanity of either the offeror or offeree
Destruction of the specific subject matter
Name 3 of the 5 reasons why we obey the law.
Our personal ethics suggest we obey them
Our religious principles
Majority rule
Human nature employs integrity
We hate being punished
What is the difference between arbitration and mediation?
Mediation is a non-binding agreement, and arbitration is a binding agreement through a third party.
Give an example of Administrative Law.
FDA, DNR, FBI, NSA, EPA, OSHA, and FCC
What is an example of Crimes against the government and the administration of Justice?
Tax evasion, bribery, counterfeiting, perjury
What is the term for the agreement (offer and acceptance) must not be based on one party’s deceiving another, on an important mistake, or on the use of unfair pressure exerted to obtain the offer or acceptance
Genuine Assent
What is Scofflaw?
People who do not respect the law.
Analyze the risk of breaking the law
They believe if they are not caught it can be justified to do something morally and ethically wrong.
What is the job of the Probate Court?
Reviews wills and estates.
What is the term for following historical cases when making a ruling on a similar case?
Stare Decisis
What kind of crime is rioting, carrying concealed weapons, drunk and disorderly conduct, illegal speeding
Crimes against public peace or order
These are requirements of what?
- Contractual intent must be present in the offer
- The Offer must be communicated to the offeree
- The essential terms of the offer must be complete and definite
Requirements of an offer
Name 3 of the 5 guidelines to civil disobedience.
Written law is in conflict with ethical reasoning
No political action can be taken to change the law
Non-violent, public protest
Does not advance self-interest
Willing to take the punishment
What is the typical State Court structure?
Trial Court
Intermediate Appeals Court
Supreme Court
What is Substantive Law?
Defines the law
What are the three elements of crime?
Criminal Act
Criminal Battery
Criminal Intent
Define duress.
Improper threat or act to force someone into a contract.
Define Ethical Fundamentalism and who/what makes it for us.
Central authority makes the decision of what is ethical or/and unethical for us.
Law or religion
Company’s policy
Parents, boss
What is the term for lawsuits between citizens of different states or different nations
Diversity of Citizenship
What is Case Law?
States look at other cases in that state to decide the verdict based on that
Name 2 of the 3 types of Substantive Defenses?
Self-defense
Immunity
Criminal Insanity
What is the term for: requires that the acceptance must exactly match the terms contained in the offer
Mirror image rule