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Download LES 305 Koretz Exam 1 Updated Exam | Questions and 100% Correct Answers and more Exams Ethics in PDF only on Docsity!
Ethics - Correct Answer Manner by which one lives one's life according to a standard of right or wrong behavior - In both how one thinks and behaves towards others and how one would like them to think and behave towards others Factors That Influence Ethics - Correct Answer - One's upbringing - One's religion - One's social traditions and beliefs - Society: Structured community of people bound together by similar traditions and customs Understanding Right and Wrong - Correct Answer Moral Standards: Principles by which judgments are made about good and bad behavior based on: 1. Religious Beliefs 2. Cultural Beliefs - Culture: Particular set of attitudes, beliefs, and practices that characterize a group of individuals 3) Philosophical Beliefs Source of Beliefs - Correct Answer Family and friends Ethnic Background Religion School Media Personal role models and mentors Morality: Collection of influences built over a person's life ** Sources add up to morality How Should One Live? - Correct Answer - Standards of ethical behavior are absorbed by osmosis from everyone around - Ethical behavior can be based on religious morality or experience of human existence - Morals and values: Set of personal principles by which one aims to live one's life - Value System: Set of personal principles formalized into a code of behavior Intrinsic Value - Correct Answer Quality by which a value is a good thing in itself - > Pursued for its own sake, whether anything comes from that pursuit or not (Ex: happiness, health, self-respect) Utilitarianism - Correct Answer - Ethical choices that offer the greatest good for the greatest number of people - Criticism: idea that the ends justify the means Universal Ethics - Correct Answer - Actions that are taken out of duty and obligation to a purely moral idea rather than based on the needs of the situation (Universal principles are seen to apply to everyone, everywhere, all the time) - Criticism: Reverse of the weakness in ethics for the greater good Ethical Relativism - Correct Answer Traditions of one’s society, one's personal opinions, and the circumstances of the present moment define one's ethical principles - Implies some degree of flexibility as opposed to strict black and white rules - Offers the comfort of being a part of the ethical majority in the community or society Ethical Dilemmas - Correct Answer - Situations where there are no obvious right or wrong decisions, but rather a right or right answer - Occurs when the decision one must make requires one to make a right choice knowing full well that one is: leaving an equally right choice undone or likely to suffer something bad as a result of that choice - Contracting a personal ethical principle in making that choice - Abandoning an ethical value of one's community or society in making that choice Resolving Ethical Dilemmas - Correct Answer - Sleep Test Ethics - 3 Step Process for Solving Ethical Problems - Arthur Dobrin's Questions Sleep Test Ethics - Correct Answer - Ethics of Institution - Individuals should rely on their personal insights, feelings, and instincts 3 Step Process for Solving Ethical Problems - Correct Answer - Analyze the consequences (Who is impacted?) - Analyze the actions (Consider all options) - Make a decision (Based on both steps above) Arthur Dobrin's Questions - Correct Answer - What are the facts? - What can one guess about the facts that one doesn't know? - What do the facts mean? - What does the problem look like through the eyes of the people involved? - What will happen if one chooses one thing rather than another? - What does one's feelings tell oneself? - What will one think if one decides one thing or another? Law - Correct Answer - A body of rules, action, and conduct prescribed by controlling authority and having legal binding force - Law is what society will enforce - Creates duties, obligations, and rights Jurisprudence - Correct Answer - Defined as the science and philosophy of law - From Latin: Juris (Law) + Prudence (Wisdom) Purposes of Law - Correct Answer - Defines rules of conduct and consequences for the violation of those rules (So we know what is expected) - Provides a method for resolving disputes -> Eliminating the need for self-help and the violence and economic disruption that it brings - Promotes good faith dealing in commerce -> eliminating sharp practices and thereby facilitating commerce - Gives some degree of reliability in business planning and commercial transactions -> also facilitating commerce - Promotes equality and justice -> Antidiscrimination laws in employment / where else? ** The most important purpose of law is to provide a method for resolving disputes Language of the Law - Correct Answer A basic understanding of legal terminology is useful: - Legal terms are sometimes referred to as jargon or legalese - Blacks Law Dictionary is authoritative Legal Decisions in a Business Environment: Theory to Practice (Key Point) - Correct Answer Legal awareness presents opportunities for business planning (limiting liability), gaining a competitive edge, and adding value to the business by applying law Role of Counsel - Correct Answer Businesses Work With Counsel in one of two formats: 1) In house counsel (part of company management or executive team) often given the title "General Counsel" 2) Law firms (outside counsel) Specialized Business Lawyers Include: - Litigators (Trial Attorneys) - Corporate Lawyers (Advise on Business matters) Primary Sources of American Law - Correct Answer 1. Constitutional Law 2. Statutory Law - Ordinances: Written laws at the local level (city, township, municipality) + generally regulate state issues such as zoning or impose health and safety regulations Interpreting Statutes - Correct Answer - Plain Meaning Rule: If the words in the statutes have clear and widely understood meanings, the court applies the statute in accordance with the rule - Statutory Scheme: Structure and format of the statute - Legislative history: Records kept by a legislature in drafting the statute Common Law - Correct Answer - Common law is made by the courts (Judge made law) - Although lawmaking is primarily the responsibility of state and federal legislatures, courts must fill in the gaps when a controversy arises that is not covered under existing law -> Common law fills in the gaps + for example U.S. v. Ulbricht + "One can launder money using bitcoin" Stare Decisis - Correct Answer Doctrine of Stare Decisis ("Let the decision stand") - Similar cases with similar facts should have the same judicial outcome - One of the most important concepts in American Law Precedent - Correct Answer - The ruling of law ("holding") of previous cases - Created by the appellate courts when they render a decision absent of a controlling statute Advantages of Stare Decisis - Correct Answer - Allows individuals and businesses to have confidence that the law will remain reasonably consistent - Requires all lower courts, such as a trial court, to follow the case precedent as long as no new statutory law has been enacted Precedent Not Always Followed - Correct Answer - The law must be flexible enough to adjust to evolving social standards and new circumstances - "Stare Decisis channels the law. It erects lighthouses and flies the signals of safety ... but the statutes of stare decisis does not demand that we follow precedents which shipwrecks justice". Administrative Law - Correct Answer - Regulates authority of government agencies - Agencies exist in state and federal governments, part of executive branch - Agencies create laws known as regulations -> creates laws (acting like the legislative branch) + then enforces them (like the executive branch) Then Adjudicates them (like judicial branch) Substantive Laws (What) - Correct Answer What rights and duties exist Procedural Laws (How) - Correct Answer How to enforce substantive rights Law vs Equity - Correct Answer - Long ago, both law courts and equity courts existed -> today they are merged in the same court - Law and equity compensate an injured party in a civil lawsuit differently - These measures are known as remedies - Remedies at law generally take the form of money damages - Equitable remedies include an injunction or restraining order (a judicial order requiring a party to cease a certain activity, or perhaps to take a specific action -> specific performance (an order requiring a party to carry out obligations in a contract) is an equitable remedy Equitable Maxims - Correct Answer - Equity Aids the Vigilant: Equity helps people who get into court to ask for it / don't wait too long - Substance over form - Clean hands doctrine: Equity aids those who come to court with clean hands Public Law - Correct Answer Derived from some government entity Private Law - Correct Answer Recognized as binding between two parties, no specific statute or regulation provides for the rights of the parties, for example a contract Functions of the Constitution - Correct Answer - Establishes structure of federal government by creating 3 co-equal branches - Delegates enumerated and limited powers to each co-equal branch - Procedural protections to citizens, persons, and business firms * Enumerated = expressly provides for those powers Structure of the Constitution - Correct Answer - Preamble - Seven articles (Articles 1-3 establish a system of government with 3 co-equal branches; the legislative branch; the executive branch; and the judicial branch) - 27 Amendments: Bill of Rights (First 10 Amendments) and contains many of our constitutional protections Articles in the U.S. Constitution - Correct Answer Article 1: Establishes the Legislative branch Article 2: Establishes the Executive branch Article 3: Establishes the Judicial branch ** Articles 1-3 create the structure of the federal government Article 6: Says the constitution is the supreme law of the land * Executives orders have force of the law and are issued by the president to carry out executive functions of government Article 3: Judicial Powers - Correct Answer - The federal judiciary adjudicates (Decides) "cases and controversies" that fall within authority - Jurisdiction is the legal authority of a court to decide a specific case (power to hear the case) - Judicial Review: The notion that federal courts have the right to invalidate state or federal laws that are inconsistent with the U.S. constitution in some way (As SCOTUS declared in Marbury v. Madison, 1803) Separation of Powers - Correct Answer The Constitutions Creation of: - 3 co-equal branches - Enumerated and limited government powers - Checks and balances - Is asystem designed to ensure no one branch of government exceeds its constitutional authority - Separation of powers: Ensuring that no one branch becomes overly dominant over the other branches Examples of Checks and Balances - Correct Answer - The executive (president) can veto congress lawmaking ability - Legislative can override president veto with supermajority - Legislative can impeach and remove the president or federal judges - Judicial can invalidate any law as unconstitutional (by executive or legislative) Applying the constitution to government action: Standards of Review - Correct Answer The supreme court reviews government action under one of three categories of scrutiny: 1. The rational basis category 2. Intermediate Level Scrutiny 3. Strict Scrutiny Rational Basis Review - Correct Answer The government only needs to show: 1. That its action advanced a legitimate government objective (public health, safety, and welfare) 2. The action is somehow related to the government's objective - Government actions in this category include almost every economic regulation and tax related law Intermediate Level Scrutiny - Correct Answer Government must show: Congress' Commerce Power - Correct Answer Congress’ broadest power is derived from the commerce clause where congress is given the power to regulate commerce among the several states Congress has the express constitutional authority to regulate: - Channels of interstate commerce such as railways and highways - The instrumentalities of interstate commerce such as vehicles used in shipping - The articles moving in interstate commerce State Regulation of Commerce: Constitutional Restrictions - Correct Answer The U.S. Supreme Court has ruled that the mere existence of congressional commerce power restricts the states from discriminating against or unduly burdening interstate commerce States are Free to Regulate Commerce as Long as: 1. It does not impose a discriminatory law on out-of-state businesses 2. The state law is a legitimate effort to regulate health safety and welfare of state citizens Gonzalez v Rich: Congress can even regulate a product that is cultivated for noncommercial purposes solely in one state Tax and Spend - Correct Answer - Congress has the power to impose taxes and to spend federal tax revenues in any way that promotes the common defense and general welfare of the United States - Itis an independent source of federal authority (Separately enumerated and not derived from the commerce clause) Necessary and Proper Clause - Correct Answer Four part test for evaluating the constitutionality of conditions attached to federal spending programs: 1. Spending power must be exercised in pursuit of the general welfare 2. Grant conditions must be clearly stated 3. The conditions must be related to a federal interest in the national program or project 4. Spending power cannot be used to induce states to do things that would themselves be unconstitutional Necessary and Proper Clause - Correct Answer - Congress may also place conditions on the use of federal money in order to achieve some public policy objective - Congress generally cites the necessary and proper clause as authorization to set conditions on federal spending - South Dakota v. Dale: Congress may condition use of highway money on state's drinking age 
