Filing a complaint or petition with the court having jurisdiction of the case

Filing a complaint or petition with the court having

This preview shows page 23 - 26 out of 28 pages.

Filing a complaint (or petition) with the court having jurisdiction of the case, at the same time, the Plaintiff asks the court to issue a summons to the defendant The Complaint o Plaintiff sets forth facts and ends with a “prayer” o If facts are backed up by evidence then it will establish a legally recognized claim against the defendant o Most cases have to do with an award of money paid by defendant Motion to Dismiss o Also called a Motion for judgment on the pleading o Defendant files a motion that he/she believes that the plaintiff has no claim even if all the allegations in the complaints are true o If court grants a MTD, sometimes the plaintiff will be given an opportunity to amend the complaint The Answer o If there is no motion to dismiss, or if one is filed but denied, the defendant responds to the complaint by filing an answer o The plaintiff in a civil lawsuit bears the overall burden of proof, defendant is not obligated to prove anything The Reply o The plaintiff will either deny or admit the new facts alleged in the answer. D’s Failure to Respond o Must respond in a specific time frame (20 days) o If defendant does not respond during that period, court will grant a default judgment against defendant Chapter 4:
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Chapter 6: CHAPTER 36 Business Ethics and Law Legal vs Moral Standards o Legal standards are applied and defined by governmental agencies Often results in external sanctions or punishments o Moral standards are intuitive and instinctive and thought to be shaped by our culture Have internal or difficult to define consequences Moral Dumbfounding o Inability to rationally/logically explain or justify differing reactions to similar situations All moral codes tend to have: o Negative appraisals of harm to others o Values pertaining to fairness o Requirements concerning behaving in a way that fits status in social hierarchy o Regulations concerning bodily matters (Sex, hygiene, etc.) Diligence process, moral minimum Loyalty Keeping Commitments Not to do harm Good Samaritan Supreme Court v. Obscenity Identifying ethical Issues o Find what rules apply Moral Relativism Moral Pluralism Fundamental Attribution Error Obedience to Authority Conformity Bias Groupthink False Consensus Effect Over Optimism Overconfidence Self-serving Bias Framing Role Morality Cognitive Dissonance Sunk Cost Moral Distance Concept o Tangible v. Abstract Time Delay Traps Loss Aversion/Sentimental Value Prima Facie CHAPTER 38 Ethics Organizations, and Corporate Social Responsibilities Ethical Failing Corporate Social Responsibilities Agents of Capital View
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Agents of Society View Wal-Mart, Aflac, Ford Pinto Colgate, eBay, Pepsi CHAPTER 1 Nature/Sources of Law Law v. Ethics (OJ) People Bias (Reasonable Doubt) Primary Sources of Law o Constitution o Statutes o Regulations o Court Decisions o Judicial Activism
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