BLAW Section ONE Review

BLAW Section ONE Review - BLAW CUMULATIVE REVIEW Ethics Law...

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BLAW CUMULATIVE REVIEW Ethics, Law and Business Decision Making I. Teleological Approach i. Consequential ii. Outcome based iii. Utilitarianism – greatest good for greatest number of people. 1. Shortcomings of Utilitarianism a. Can’t know for certain all the outcomes b. Can be the one who is worse off (i.e. slavery) 2. How to fix shortcomings a. Analyze behind the “veil of ignorance” i. Look at world without knowing where you will be II. Deontological i. Duty based ii. Religions of the world iii. 10 commandments iv. Golden Rule v. Kantian Ethics 1. rational mental process 2. should consider the consequences, empathy, compassion, long term results 3. Categorical Imperative a. Consequences if everyone in society acted in this way III. Moral Compass i. Golden Rule 1. Think, be honest, do unto others as you would have them do unto you, if it is not obvious involve others because 2 minds are better than one. Lawmaking, Sources of Law and Researching and Interpreting the Law. I. Distinctions between criminal and civil law a. Theoretical i. Who is harmed? 1. society = criminal 2. person = civil b. Practical i. Legislative law that expresses criminal intent 1. “it is a felony to do…” = criminal 2. otherwise = civil c. Prosecutor i. Criminal = state or federal government ii. Civil = injured victim d. Sanctions i. Criminal = punishment or fines ii. Civil = compensation e. Burden of Proof i. Criminal = Beyond a reasonable doubt 1. there can be NO doubt whatsoever ii. Civil = by a preponderance of the evidence 1. there is more evidence that the person is guilty 2. i.e. O.J. Simpson trial II. Difference between all the “laws” a. Statutes
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i. Legislatures 1. federal “Congress” 2. state b. Ordinances i. Legislatures 1. Local – City Councils c. Regulations or Rules i. Administrative Agencies 1. federal – EPA, SEC 2. state – DMV, insurance commission d. Executive Orders i. Executive Officials 1. Federal – President 2. State – Governor e. Common law – Judge made law i. Appellate Courts 1. Federal 2. State III. Complexity of the Law a. Different Courts i. Trial courts 1. fact finding ii. Intermediate Appellate court 1. review of error of law iii. Highest Appellate Court 1. review of error of law b. Error of Law i. Judged erred in not allowing some evidence ii. Judge’s instructions to the jury were incorrect iii. Erred in an objection or sustain IV. Procedural versus Substantive Law (PART ONE) a. Procedural Law i. Laws that establish the methods of enforcing the rights established by substantive law b. Substantive Law i. Laws that define, describe, regulate, and create legal rights and obligation Judicial Dispute Resolution: Jurisdiction and Governing Law I. Jurisdiction a. Subject Matter Jurisdiction i. Federal Law is in questions ii. Diversity of citizenship (people are from diff. states) iii. > $75,000 b. Personal Jurisdiction i. Defendant is citizen of state (residence) ii. Defendant is present in the state (presence = minimum contacts)
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BLAW Section ONE Review - BLAW CUMULATIVE REVIEW Ethics Law...

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