BLAW Final Study Guide Terms

BLAW Final Study Guide Terms - Business Law Final Study...

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Business Law Final Study Guide Terms: Crime: -beyond a reasonable doubt: state must prove case beyond a reasonable doubt (civil law – plaintiff prove case by preponderance of the evidence) -5th amendment: no self-incrimination; allowed in civil; does not protect hair, fingerprints, blood, and can make you speak and go in a lineup but cannot make you testify -exclusionary rule: evidence collected in violation of the defendant’s rights will be excluded from the trial; no civil -mens rea: criminal intent -diminished capacity: impaired mental functions and should not be held liable for crime -arraignment: informing defendant of charges -preliminary hearing: probably was a crime and defendant probably did it; determine whether there is enough evidence to head to trial -grand jury: takes place of preliminary hearing; no attorneys; hear evidence and indite people -search and seizure - 4th amendment: upheld in a criminal case, not always for a civil case -RICO: Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization -differences: criminal – gov brings case, free attorney, jury, 4 th /5 th amendment, no JNOV, speedy trial and limited discovery, can exclude evidence, beyond reasonable doubt; civil – private parties and gov can bring case, no free attorney, may or may not have jury, sometimes no 4 th /5 th amendment, no speedy trial and larger rules for discovery, generally can’t exclude evidence, preponderance of evidence -criminal process: arrest, booking, initial appearance, 1. Grand jury, indictment 2. Preliminary hearing, information, arraignment, plea bargain, 1. Guilty plea 2. trial Ethics: -curious (motivation, biases), have a mission statement, core values, decision model, and ethical environment* -Kohlberg’s levels of motivation: 1. Avoid punishment 2. Quid pro quo 3. Good person 4. Follow the law 5. Social contract 6. Core values – placed most American men between 2/3 and most women between ¾ *for an ethical environment need: 6 month’s money in bank, friends outside work, activities outside work, sense of work values, time management structure International Law: -GATT: (General Agreement on Tariffs and Trade) a multilateral agreement regulating international trade; purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis" -NAFTA: (North American Free Trade Agreement) an agreement signed by Canada , Mexico , and the United States , creating a trilateral rules-based trade bloc in North America -Sovereign Immunity: can’t sue someone from another country in our own (need permission) -Act of State: when another country does something, even if we disagree, we allow them to do it (respect) -comity: if another country decides a case, we will honor the judgment in next country
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