○ It’s a cognitive bias where the highly skilled assume the things they find easy are also easy for others, and the unskilled are so incompetent that they can’t recognize their own stupidity Availability Heuristic ● Human instinct to make decisions on what pops into our minds first - a vivid/ traumatic/ recent example even if it’s irrelevant or rare 9/19
Agents of Capital & Society ● Spectrum: ○ Pure agent of capital (only goal is to make money) forget that there are laws, ethics, etc (guaranteed to break law/moral minimum: EX: Jack Abramoff: amount of $ is infinite so will keep going further and further ○ Agents of society (exclusive focus on serving society) no matter how giving you are, still have to bring in donations in order for the organization to run. They’re going to run out of money. ● Most successful are those in the middle of the spectrum ● Capital Extreme (pursuing only riches as a pure agent of capital) ● Can hurt people ● Someone will always be richer than you, but people strive to be the richest in the world ● Goal that cannot be achieved ● Society extreme (pursuing only betterment of humanity as a pure agent of society ● The amount of help needed in the world is infinite, you can never help everyone 9/21 -- no class 9/26--Chapter 1: Intro to the Law ● Intro to the Law ○ Letter, spirit and application of the law must all match ○ What is ■ Cause of action: ■ Lawsuit: ■ Claim: ○ Prima facie case: accepted as correct until proved otherwise. ■ Ex. fiduciary duty: fiduciary relationship between P and D ● D breached duty→ D’s breach=harm to P or benefit to D ○ A well written contract can nullify the law ● Criminal vs. Civil Law ○ Preponderance of evidence (civil) vs. Proof beyond a reasonable doubt (criminal) ○ Criminal: ■ Prosecutor represents society (Texas vs. Johnson)--crime against society ■ If you can end up behind bars it is a criminal case ■ When D is on trial the P must prove guilt beyond reasonable doubt (RD) ● RD if you can identify a viable alternate explanation for what happened ● Beyond RD = clearly no one else could be guilty ○ Civil case you have to pay money (no prison) ■ Plaintiff must meet burden: demonstrate with a preponderance of evidence (51% more likely than not) ■ Government/society not involved--only private parties ● Features of a good legal system ○ Certainty : plea bargaining → confess to crimes they may not have committed for a shorter sentence
■ Health care coverage for employees → frustrating because of the constant change ○ Flexibility : judge's interpretation: can be changed: evolves to meet needs ○ Knowability : speed limit (knowable), tax codes (unknowable) ○ Responsibility : bankruptcy laws, mandatory minimum sentencings ● Podias v. Mairs (page 19) -- Drunk Driving Case, left the body in the road, body was killed by another vehicle → innocent bystander? are the passengers responsible?
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- Spring '08