LES 305- Exam 1 Materials
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Exam 1 02022015 Outline 1 Explain what ethics is Give a de nition here Ethics consists of the unwritten rules we have developed for our interaction with each other 2 List and brie y describe the schools of ethical thought a Divine Command Theory ethical standards are based upon religious beliefs bEthica Egosim Theory We all act in our own selfinterest and limit our judgments to our own conduct not the conduct of others cUtiitarian Theory quotGreatest happiness principlequot or doing the most good for the most people d Categorical Imperative and Immanuel Kant One ought only to act such that the principle of one s act could become a universal law of human action in a world in which one would hope to live e Contractarians and Justice Putting ethical standards in place by a social contract Rational thinking people develop a set of rules for everyone f Rights Theory Everyone has a set of rights and it is the role of government to enforce those rights g Moral Relativists Timeandplace ethics Making ethical choices based on the circumstances h Plato and Aristotle Develop virtues and determine conduct by those virtues 3 List the categories of ethical dilemmas a Taking things that don t belong to you b Saying things you know are not true c Giving or allowing false impressions d Buying in uence or engaging in con icts of interest e Hiding or divulging information f Taking unfair advantage g Committing acts of personal decadence h Perpetrating interpersonal abuse i Permitting organizational abuse j Violating rules k Condoning unethical conduct Balancing ethical dilemmas 4 Give the ways we avoid facing ethical dilemmas a Give examples of different labels Copyright infringement vs peertopeer le sharing Smoothing earnings vs cooking the books Lying vs earnings management b List the rationalizations 1 Everybody else does it 2 If we don t do it someone else will 3 That s the way it has always been done 4 We ll wait until the lawyers tell us it s wrong 5 It doesn t really hurt anyone 6 The system is unfair 7 I was just following orders 5 Give a descriptions of the simple tests that can be used to resolve ethical dilemmas a Peter Drucker primum non nocere above all do no harm b Laura Nash 1 Have you de ned the problem accurately 2 How would you de ne the problem if you stood on the other side of the fence 3 How did this occur in the rst place 4 To whom and what do you give your loyalties as a person and as a member of the corporation 5 What is your intention in making this decision 6 How does this intention compare with the likely results 7 Whom could your decision or action injure 8 Can you engage the affected parties in a discussion of the problem before you make your decision 9 Are you con dent that your position will be as valid over a long period of time as it seems now 10 Could you disclose without qualm your decision or action to your boss your CEO the board of directors your family or society as a whole 11 What is the symbolic potential of your action if understood If misunderstood 12 Under what conditions would you allow exceptions to your stand c Blanchard and Peale 1 Is it legal 2 Is it balanced 3 How does it make me feel d Warren Buffett quotContemplating any business act an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper there to be read by his spouse children and friends At Salomon we simply want no part of any activities that pass legal tests but that we as citizens would nd offensive e Wall Street Journal 1 Am I in compliance with the law 2 What contribution does this choice of action make to the company the shareholders the community and others 3 What are the short and long term consequences of this decision f Categorical Imperative Kant quotDo unto others are you would have them do unto you LIST THE SIX STEPS YOU SHOULD FOLLOW FOR ANALYZING AN ETHICAL DILEMMA 1 Make sure you have a grasp of all of the facts available 2 List any information you would like to have but don t and what assumptions you would have to make if any in resolving the dilemma Take each person involved in the dilemma and list the concerns they face or might have 4 Develop a list of resolutions for the problem 5 Evaluate the resolutions for costs legalities and impact 6 Make a recommendation on the actions that should be taken Videos Ethical Leadership by Tim Cook CEO Apple Inc 0 Where does Tim Cook s ethical compass come from 0 Parents and who you surround yourself with those who in uence you the most What does ethical leadership mean to him 0 Leaving things better than you found them environmentally how to work with suppliers labor carbon footprint things you choose to support employee treatment Courage and Ethical Business Cultures Brooke Deterline at TEDxPresidio Courage ability to act from our hearts in the face of fear 0 A skill we can build with practice Why good people do bad things 0 Phil Zimbardo Stanford Prison experiment 0 Situational Pressure Leads to ethical fading o Brooke s boss and CEO was doing some illegal acts she chose to go to the CFO then the board Social Fitness Training With practice you can make it a habit to act ethically even in situations that are fearful o Priming the brainquot Con icts of Interest Eliminating con icts of interest is the most effective way to eliminate unethical behavior Vocabulary Blanchard and Peale Is it legal Is it balanced How does it make me feel Categorical Imperative Kant One ought only to act such that the principle of one s act could become a universal law of human action in a world in which one would hope to live Contractarians and Justice Putting ethical standards in place by a social contract using rational thinking people develop a set of rules for everyone Divine Command Theory Ethical standards are based upon religious beliefs Ethical Egoism We all act in our own selfinterest and limit our judgments to our own conduct not the conduct of others Ethics The unwritten rules we have developed for interaction with each other Front Page of the Newspaper Test Contemplating any business act an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper there to be read by his spouse children and friends 0 Laura Nash o 1 Have you de ned the problem accurately 2 How would you de ne the problem if you stood on the other side of the fence 3 How did this occur in the rst place 4 To whom and what do you give your loyalties as a person and as a member of the corporation 5 What is your intention in making this decision 6 How does this intention compare with the likely results 7 Whom could your decision or action injure 8 Can you engage the affected parties in a discussion of the problem before you make your decision 9 Are you con dent that your position will be as valid over a long period of time as it seems now 10 Could you disclose without qualm your decision or action to your boss your CEO the board of directors your family or society as a whole 11 What is the symbolic potential of your action if understood lf misunderstood 12 Under what conditions would you allow exceptions to your stand 0 List the categories of ethical dilemmas 00000000000 0 a Taking things that don39t belong to you b Saying things you know are not true c Giving or allowing false impressions d Buying in uence or engaging in con icts of interest e Hiding or divulging information f Taking unfair advantage g Committing acts of personal decadence h Perpetrating interpersonal abuse i Permitting organizational abuse j Violating rules k Condoning unethical conduct Balancing ethical dilemmas Methods avoid facing ethical dilemmas Relabeling copyright infringement vs peertopeer le sharing and rationalizing Moral Relativists Timeandplace ethics making ethical choices based on the circumstances primum non nocere quotAbove all do no harmquot Rights Theory Everyone has a set of rights and it is the role of government to enforce those rights 0 O O 0 Steps to Follow for Analyzing an Ethical Dilemma 1 Make sure you have a grasp of all of the facts available 2 List any information you would like to have but don39t and what assumptions you would have to make if any in resolving the dilemma 3 Take each person involved in the dilemma and list the concerns they face or might have 4 Develop a list of resolutions for the problem o 5 Evaluate the resolutions for costs legalities and impact 0 6 Make a recommendation on the actions that should be taken Utilitarian Theory Greatest good for the greatest number of people 0 Virtue Ethicists Plato and Aristotle Develop virtues and determine conduct by those virtues Week One Quiz The Declaration of Independence relied on which ethical school of thought Selected Answer d Divine Command Divine command susbcribes to the notion that there are certain unalienable rights that we have that cannot and should not be compromised and those are the rst few phrases of the Declaration that men are endowed by their Creator with certain unalienable rights Tough question with some history and philosophy mixed together and a great deal of thinking in between Good job Divine command susbcribes to the notion that there are certain unalienable rights that we have that cannot and should not be compromised and those are the rst few phrases of the Declaration that men are endowed by their Creator with certain unalienable rights The categorical imperative does not begin with assumed rights which is part of the Declaration it assumes we will reach certain unanimous conclusions about rights Ethical egosim was perhaps what ruled England at the time but not what the colonists wanted in their declaration They were trying to avoid everyone looking out for himself or herself they wanted some protection of rights The most good for the most people is not always what happens under the rights established in the Declaration of Independence There were absolutes in there and utilitarians do not subscribe to absolutes they want the most good given the circumstances and constraints Which country is not represented among the climbing parties in The Parable of the Sadhu Selected e ANSWeri All of these countries are represented among the climbing parties Many different countries and cultures were there to experience the same lifeanddeath event that troubled the author In the Parable of the Sadhu who is the lead character and author of the article Selected Answer c Bowen McCoy Mr McCoy is a brilliant investment banker who now owns a ranch in Southern California lectures to business and MBA students around the country received a seminary degree and still works as a successful real estate developer He has a new book coming out at the end of 2006 AJOURNEY IN ETHICS FROM THE PARABLE OF THE SADHU TO BUSINESS REALITY Which of the following people is associated with the Front Page of the Newspaperquot test for ethical dilemmas Selected Answer d Warren Buffett Warren Buffett when he had to take over at Salomon Brothers because traders had illegally cornered the bond market explained to employees that he wanted them to make choices by assuming that everything they did would be reported on the front page of the newspaper The idea was to give them a better perspective on their conduct You got it Warren Buffett when he had to take over at Salomon Brothers because traders had illegally cornered the bond market explained to employees that he wanted them to make choices by assuming that everything they did would be reported on the front page of the newspaper The idea was to give them a better perspective on their conduct Ken Blanchard is the author of quotThe One Minute Managerquot as well as quotThe Power of Ethical Thinkingquot with the late Dr Norman Vincent Peale Their test for ethics is 1 Is it legal 2 Is it ethical 3 How does it make me feel John Rawls is internationally known for his scholarship on the theory of justice and contract theory Rational people who thought through all the consequences of their actions would make fair and decent rule and abide by them such as quotDon39t touch my property unless I say you canquot Laura Nash teaches at both the Harvard Divinity School and the Harvard Business School She has a twelvestep question framework for evaluating ethical situations and dilemmas Some of the questions she believes we should ask ourselves How did I get into this situation in the rst place What are my intentions Will I feel good about this over the long run Could I discuss my decision with my supervisor my family my friends Which of the following business ethicists encourages us to consider our feelings in making our choices in ethical dilemmas Selected Answer d All of the above Yes all of them have an element of quotfeelingsquot How does it make me feel How would you feel to see it reported on the front page of the newspaper Will I feel as good about it over the long run See if you can identify which of the above questions go with which person listed Who developed the simple ethical test known as quotprimum non nocerequot Selected Answer c Peter Drucker The late Peter Drucker one of the greatest management thinkers of all times had one simple test for ethics primum non nocere more Latin for you which means quotabove all do no harm Which philosopher would start with a tabula rasa and then develop ethical standards Selected Answer a John Rawls John Rawls threw this Latin phrase about a blank slate to help us understand ourselves in a situation in which there were no rules We had to develop the rules for how we would interact with each other individually and in business Rawls believed that rational souls would agree on some basic and fair rules that would help them but also protect others Tough question Latin and all and you have done well in a close read John Rawls threw this Latin phrase about a blank slate to help us understand ourselves in a situation in which there were no rules We had to develop the rules for how we would interact with each other individually and in business Rawls believed that rational souls would agree on some basic and fair rules that would help them but also protect others Nozick was not interested in tabula rasa blank slate Nozick was interested in rights rights rights We are not starting with a blank slate we are starting with rights that no one not even moral relativists can take away Look to the others to nd the mind that went with tabula rasa Many folks want to choose Aristotle because quottabula rasaquot sounds foreign and Aristotle was a foreigner Except he was a Greek philosopher and thank the Romans for tabula rasa the blank slate Forge onward to see if you can match the blank slate with the profound philosopher responsible for it Many folks want to choose Plato because quottabula rasaquot sounds foreign and Plato was a foreigner Except he was a Greek philosopher and you must thank the Romans for tabula rasa the blank slate Forge onward to see if you can match the blank slate with the profound philosopher responsible for it A recent survey found that 24 of Americans feel that it is always wrong to speed In which of the following schools of ethical thought would this 24 t best Selected Answer c Virtue A dif cult question but you got it Virtue ethics requires de nitive rules and lines between right and wrong If someone believes that it is always wrong to speed they believe virtue ethics is the way society should function They believe that rules of law need to govern us or others are harmed They would be the 24 Ethical egoists believe that if we behave in our own selfinterest that everybody is better for it They could justify speeding because some are good drivers and should speed so that those who cannot command the roads can proceed at their own paces Utilitarians want to do the most good for the most people if speeding means fewer emissions fewer cars on the road and less time traveling they are in favor of it If speeding gets us working more ef ciently or to work on time then speeding serves a purpose that serves the good of the whole There are times when utilitarians believe it is ethical to speed Moral relativists believe it is ne to speed when you39re late when you39re in a hurry when others are doing it when it is important to you to speed when you have a health or safety issue moral relativists have a million reasons for speeding Moral relativists always nd times when it would be acceptable to speed What happened to the sadhu in the Parable of the Sadhu Selected Answer e None of the above Because we do not know what happened to the sadhu the author is all the more troubled as he re ects on his decisions that day Which school of ethical thought is found in The Fountainhead and Atlas Shrugged Selected Answer a Ethical Egoism Oh you are an Ayn Rand fan to get this one correct Ms Rand believed that if everyone would just act in their own selfinterest that the world would be terri c and there would be fewer psychiatrists Selfinterest is not however sel shness selfinterest is measured over the long term The executives at Enron were sel sh not acting in their own selfinterest and they would be the rst to tell you that from their jail cells Perhaps a fan of the movies a fan of philosophy or an Ayn Rand reader you are correct on this one Oh you are an Ayn Rand fan to get this one correct Ms Rand believed that if everyone would just act in their own selfinterest that the world would be terri c and there would be fewer psychiatrists Selfinterest is not however sel shness selfinterest is measured over the long term The executives at Enron were sel sh not acting in their own selfinterest and they would be the rst to tell you that from their jail cells Utilitarians do not believe in the self focus of ethical egoism they want the most good for the most people Nationalized medical care is a utilitarian39s dream More individuals becoming doctors to get people well and perhaps make a few dollars is what ethical egoists want and they can39t do that in a government structure Immanuel Kant believed that everyone should behave as they would want to be treated develop rules for the operation of your life and business without knowing where you will land You might be customer you might be shareholder you might be seller you might be executive But not knowing where you will land what rules would be fair to you and everyone else in their roles Something about this notion of fairness does not go with Ayn Rand and ethical egoism Divine command natural law holds that the rules were already established long before we got here and began developing philosophical schools of thought There is something oxymoronic about divine command and ethical egosim together They are oil and water and do not mix well Outline List the two questions companies are faced with on social responsibility issues 1 Whose interests should a corporation serve 2 To whom should a corporation be responsive in order to best serve that interest List the four views on social responsibility and business 1 Inherence Serve shareholders best by only looking out for shareholders 2 Enlightened selfinterest Manger is responsible to SHs and serves them best by being responsive to society 3 Invisible hand Business ought to serve larger society and it does so best when serving SHs only 4 Social responsibility Role of business is to serve larger society and that is best accomplished by being responsive to larger society Vocab 0 Censorship According to the ACLU it is the quotSuppression of words images or ideas that are quotoffensivequot o Enlightened Selfinterest School of Social Responsibility Advises managers to be responsible to shareholders by being responsive to the larger society lnherence School of Social Responsibility Advises managers to serve shareholders and to act only with shareholders interests in mind 0 Invisible Hand School of Social Responsibility Role of business is to serve larger society and it does so best when serving shareholders only Morals clause Part of a contract for actors athletes and others that prohibits private conduct that would subject that person to public ridicule Shareholders Owners of stock in a company 0 Social Responsibility School of Social Responsibility Role of business is to serve larger society so it should serve the needs of the larger society Stakeholders Groups who are impacted by a company s business decisions including customers suppliers and the government Steroids Prescription medication often used illegally to increase the performance of competitive athletes Week Two Quiz Businesses must face social issues because Selected Answer d They can affect pro ts This answer is correct because your readings show that by not paying attention to social issues businesses can create costs can lose the right to sell their products and can have negative publicity and effects on their reputations Social issues affect pro ts By not paying attention to social issues businesses can create costs can lose the right to sell their products and can have negative publicity and effects on their reputations This answer quotbecause it is the right thing to doquot is incorrect because often with issues of social responsibility it is difficult to determine what is and what is not the right thing to do For example some countries have asked US businesses to come to their countries and open up factories because their citizens can then have gainful employment Others feel that businesses take advantage of these countries and their citizens when they use the country for the low wages there The US Constitution does not contain any provisions on what businesses should do on social issues Social responsibility is voluntary activity and not covered by laws The Body Shop founder Anita Roddick said that she didn t care about making money she only cared about making the world a better place lnto which school of social responsibility would you place Ms Roddick Selected Answer la Social responsibility Correct Ms Roddick believes that businesses should exist to bene t society and she has stated that her company The Body Shop was created to provide social bene ts not to make her wealthy lnvisible hand theorists on social responsibility believe that the market will take care of social issues For example if there are farmers who are concerned about railroad lines coming through their properties and emitting smoke and throwing sparks on their crops the market will require the railroad companies to negotiate with the farmers for a license or easement to go through the land The railroads will have to pay a cost that allows farmers to protect their lands That cost may be that the railroads have to put screens on the trains so that sparks do not y The railroads may have to buy a wider license or easement to keep the smoke back from the land They may have to run cleaner fuel in order to get the farmers to agree to the tracks The inherence folks see it all as a market compromise that reaches what is best socially through each side negotiating for the costs of activities Those in the enlightened selfinterest believe that businesses can be involved in social issues as a means of serving their shareholders Their view is that if you can show that there is a bene t to the bottomline of the company then voluntary and socially responsible actions should be take by businesses lnherence is a school that holds to the idea that businesses should exist to make money for their investors shareholders and that they should not be involved in social issues Those who are in the inherence school believe that managers should not be involved in social issues because they do not have authority from their shareholders and that public policy should be established by elected of cials not people in business What event preceded the rampant use of steroids in major league basebaH Selected Answer u the baseball players39 strike The players went on strike and this nancially devastated the owners of the teams so there was a lot of pressure for the teams to attract new fans and to entice the old fans to return to baseball stadiums Canseco thinks that this is the reason why the teams turned a blind eye to steroid use What group sold its Time Warner stock following the IceT Body Count CD release Selected Answer Philadelphia municipal pension fund Since the pension fund covers police officers it was standing on principle in selling its Time Warner stock because of the rap song about killing cops Madonna was one of the Time Warner artists who created controversy and believes strongly in artistic freedom She would not sell her shares to protest a company that supported her controversial activities and products The NEA was upset about lyrics in general but it did not sell any stock based on what happened with Ice T and the cop killer lyrics NOW was not involved with nor upset about the Time Warner Ice T rap song on killings cops Who said I don t condone cop killing But to reach a more just and equitable society everybody s voice must be heardquot Selected Answer g Jerry of Ben amp Jerry s Ice Cream Yes you are correct It was Jerry of Ben amp Jerry39s who made this strong argument for being free to say and sing what you will While this may sound like something Madonna would say she did not offer this statement David Geffen39s views were also the opposite he felt Time Warner needed to show greater responsibility Nicole Miller felt strongly in the opposite way that artists and record companies must show responsibility What was the result of the 1973 Congressional hearing into steroid use Select a 9039 Answer the Baseball Commissioner gave Congress assurances that it would be tough on steroid use so Congress backed off Congress trusted that MLB would do something to keep the all American sport free from the taint of steroid use Who said quotThe question is not about business it s about responsibilityquot Selected Answer d David Geffen The statement was even more important in the controversy because Mr Geffen was himself a record producer Who does Jose Canseco blame for allowing the culture of steroid abuse to develop Selected a AHSWE Major League Baseball including the team owners and the players39 union Canseco believed that the owners and players39 union turned a blind eye to the players39 steroid use and they could have stopped it by instituting testing measures Jose Canseco the author ofJuiced stated that the reason he used steroids was Selecte u 039 Answer the pressure associated with winning games pleasing fans and landing a lucrative contract Canseco claimed that he was under tremendous pressure to perform and steroids gave him a competitive edge over other players What was the issue with the IceT Body Count CD Selected a AHSWe39quot People objected because the lyrics suggested killing police of cers The lyrics were violent suggestive and offensive to public servants and many others The CD was selling perhaps the initial saes came from the controversy that the CD generated The problem with Ice T was not obscenity at least with this particular song Week 2 In Class Quiz 1 Which of the following is a question in Laura Nash s test for ethical behavior a quotquotWhat is your intention in making this decisionquot b quotDoes it follow industry codequot c quotDoes it follow the company s code of conductquot d quotIs it ethicalquot e None of the answer choices are correct 2 What question is missing from this model of the steps for analyzing ethical dilemmas in your book i List missing information and your assumptions ii List each stakeholder s interests concerns in the dilemma iii Generate list of alternatives and apply ethica decisionmaking models iv Evaluate resolutions for cost legality and impact v Recommend and take action Follow management s code of conduct Gather the facts Follow your industry s code of conduct Apply ethica decisionmaking models Nothing is missing from the model above Danam 3 Which ethics test or theory requires a person to analyze the legality of an action that is being contemplated a Laura Nash s Model b Moral relativism c The FrontPageof theNewspaper Test d Blanchard and Peale39s Model e Laura Nash s Model Blanchard and Peale s Model and The Wall StreetJournaI Model 4 When students use a term like quotsharing resourcesquot to refer to situations in which they look at websites that post an instructor s previous exams and the instructor s notes without the instructor s permission and in violation of their school s student code of conduct along with federal copyright laws they are a following industry standards b calling an ethical dilemma by a different name to avoid facing an ethical issue c acting ethically if everyone else does it d acting ethically if few people are getting hurt e None of the above Note See page 22 5 Using this theory or test we assume that no secret is safe and that everyone will know the information a Utilitarianism b Primum non nocere c Laura Nash d The Front Page of the Newspaper Test e The Categorical Imperative 6 Under what ethical theory would you be most in danger of using rationalizations to cloud yourjudgment a Wall Streetjournal b moral relativism c BlanchardPeale model d quotfront page of the newspaper testquot 7 Former Supreme Court Justice Sandra Day O Connor has been interviewed several times over the last few years about her opposition to the election of judges in several states The reason for her opposition is that on occasion campaign donors nd themselves in court before the very judges that they helped to elect Is there an ethical issue a No Campaign donations do not involve issues of ethics b No because it is legal c No because it is the way that things have always been done d Yes the judges are engaged in a con ict of interest e None of the answer choices are correct NOTE These payments can cause the judges to make choices that they would not make otherwise 8 10 Who are the stakeholders in your decision about whether to illegally download songs from the Internet 12 point for each answer You need to list 6 stakeholders to receive full credit CHAPTER 1 Outline De nitions of Law Aristotle Law Is Reason Unaffected by Desire Holmes Law Embodies the Story of a Nation s Development Through Many Centuries Blackstone That Rule of Action Which Is Prescribed by Some Superior and Which the Inferior Is Bound to Obey Black39s Law Dictionary A Body of Rules of Action or Conduct Prescribed by the Controlling Authority and Having Legal Binding Force Rues Enacted by a Government Authority that Govern Individuals and Relationships in Society Classi cations of Law Public Law or Statutory Law Private Law Contracts Employer Regulations Criminal Law Carries Fine Andor Imprisonment Governmental Enforcement Civil Law Individual Enforcement Liability Substantive Laws Gives Rights and Responsibilities Procedural Laws Means for Enforcing Substantive Rights Common Law 0 Began in England 1066 o Exists today nonstatutory law 0 Exists also in court decisions stare decisis quotlet the decision standquot or following case precedent Statutory Law 0 Passed by some governmental body 0 Appears in written form Law Versus Equity 0 In common law England remedies were separated into legal and equitable remedies 0 Legal money o Equitable injunctions speci c performance 0 Separated the remedies so that courts of chancery could give remedies when courts of law could not 0 Today all courts are authorized to award legal or equitable remedies Purposes of Law 0 Keeping Order 0 Examples Traf c laws criminal laws trespass laws property laws 0 Safety USA Patriot Act Reporting requirements Search warrants In uencing Conduct Examples Disclosure statutes for securities antitrust laws negligence and standards of normal or liabilityfree conduct 0 Honoring Expectations Examples Contracts landlordtenant securities investment property ownership 0 Promoting Equality Examples Title VII Age Discrimination Act Pregnancy Discrimination Act bussing antisegregation statute Social Security system antitrust laws 0 Law as the Great Compromiser Examples Unionmanagement laws and regulations contract interpretations divorce property settlements probate distributions Characteristics of Law 0 Flexibility Examples Online transactions and fax machines have made us revisit when a contract acceptance occurs 0 Consistency Allows Businesses to Rely on Law for Planning Pervasiveness The Theory of Law Jurisprudence legal philosophy 0 A Primer on Jurisprudence Legal Philosophy in a Nutshell Five Minutes of Legal Philosophy 0 One Positive law law is what is given as law 0 Two Law is what bene ts the people 0 Three Law is justice or treating everyone according to the same standard 0 Four That which is unjust cannot be law 0 Five Natural law principles that exist regardless of laws 0 The Common Law Ideas and Doubts Oliver Wendell Holmes Law arises because we have to coexist I can only do as much as others are willing to tolerate Peer pressure is responsible for much of law 0 My Philosophy of Law Roscoe Pound Law is social control through the use of force Sources of Law Constitutional Law 0 At federal and state level 0 Establishes government structure 0 Establishes individual rights 0 Statutory Law at the Federal Level 0 Enactments of Congress United States Code Cite or citation USC eg 15 USC sec 77 Examples Sherman Act National Labor Relations Act Occupational Health and Safety Act the USA Patriot Act and all treaties 0 Administrative agency regulations Code of Federal Regulations Cite or citation CFR eg 12 CFR sec 226 0 Executive orders presidential orders 0 Statutory Law at the State Level 0 Enactments of state legislatures state codes Uniform laws are part of state codes Cite Nevada Revised Statutes NRS Examples Uniform Commercial Code Uniform Partnership Act Uniform Limited Partnership Act 0 State administrative agency regulations Cite various 0 Local Laws of Cities Counties and Townships o Ordinances zoning traffic curfew 0 County or city 0 Private Laws 0 Contracts 0 Leases 0 Employer regulations 0 Court Decisions 0 Language in statute unclear 0 Court provides interpretation or clari cation of the law Introduction to International Law 0 Customs CountryByCountry Basis Treaties o Bilateral between two nations 0 Multilateral among three or more nations 0 Geneva Convention prisoners of war 0 Vienna Convention diplomatic relations 0 Warsaw Convention air travel 0 Private Law In International Transactions 0 International Organizations United Nations 0 Act of State Doctrine o Expropriation o Con scation or nationalization 0 Taking of private property by a government 0 Trade Laws and Policies 0 Tariffs o Treaties eg GATT NAFTA Uniform International Laws 0 Contracts for the International Sale of Goods CISG o For uniformity in international contracts The European Union EU 0 Group of fteen countries other countries are affiliated o Aiming for barrierfree trade uniform laws ease of transaction negotiation and execution o Uniformity in currency job safety immigration customs licensing and taxation 0 Euro introduced in January 1999 Chapter One Vocab Acts of state doctrine Each country39s governmental actions are not subject to judicial review by the courts in other countries Bilateral Treaty In international law a treaty between two nations Civil Law These are laws affecting the private rights of individuals They are enforced by the individuals who are harmed Common Law The legal customs from England that were adopted by the courts which are now considered to be judicial precedent in the US Constitution Document that contains an individual39s basic rights in a society and the structure of the government Criminal Laws Wrongs against society that are enforced by the government Equity That portion of the law that originated to give remedies when money damages were not appropriate or adequate Injunction Equitable remedy in which courts order someone to stop a particular activity jurisprudence The philosophy of law Ordinances Laws at the city town or county level Party autonomy The right of parties to determine privately their choice of law Stare Decisis The doctrine of following or distinguishing precedent from previous court cases It is Latin term for quotLet the decision standquot Statutory Laws Laws that are passed by some governmental entity Universal Treaty A treaty accepted and recognized by all countries Chapter 3 Outline Types of Courts Trial Courts 0 Place where case begins 0 Jury is here 0 Single judge Appellate Courts 0 O 0 Review actions of trial courts Usually have published opinions of uniformity and consistency No trials are held How Courts Make Decisions 0 The Process ofjudicial Review O 0000 0 Determine whether error was made Transcript is reviewed All other evidence is reviewed Parties submit written briefs to summarize the evidence and issues Oral arguments made before panel ofjudges generally three judges but at US Supreme Court level it is nine Judges vote on whether there is reversible error error that might have affected the outcome Vote on case can be a dissenting opinion Possible actions of reviewing court checking for error Affirm no reversible error and decision stands Reverse reversible error and decision is reversed Remand error that requires further proceedings Statutory interpretation Courts at appellate level can review statutory appHcann Can determine scope of statute The Doctrine of Stare Decsis O O Courts will follow previous decisions for consistency setting precedent Exceptions when precedent is not followed Cases are factually distinguishable Precedent is from another jurisdiction Technology changes Sociological moral or economic changes or needs Interpreting precedent The rule of law in the case is the precedent Dicta is not the precedent Dicta is the discussion of the rule of law Changing precedent Technology issues Economics and nuisance cases When precedent is not followed Different statescircuits Dicta vs ruling dissenting opinions Distinguishable factscase Moral reason economics balance Parties in the Judicial System Civil Cases 0 Plaintiffs o lnitiate the lawsuit 0 Called petitioners in some cases Defendants o Alleged to have violated some right of the plaintiff 0 Party named in the suit for recovery 0 Lawyers 0 Those who act as advocates for plaintiffs and defendants 0 Have duciary relationship with clients 0 Privilege exists with client Can keep what client tells them con dential Exception is advance notice of crime to be committed o SarbanesOxley and privilege Must notify CEO of nancial fraud If no action must notify audit committee If no action must notify board If no action must resign Represent client and see that procedures are followed 0 Lawyers in other countries Canada and Britain barristers Quebec and France avocet notaire German Rechtsanwat Japan Bengosh ShihoSoshi O Judges 0 Mediators in the case 0 Can be elected or appointed 0 Name Changes for Parties on Appeal 0 Appellant or petitioner party appealing the lower court39s decision 0 Appellee or respondent party who won below and is not appeaHng 0 Some states reverse the name of the case on appeal The Concept ofJurisdiction Authority of a Court to Hear a Case 0 Subject MatterJurisdiction ls Jurisdiction Over the Subject Matter of the Case 0 In PersonamJurisdiction ls Jurisdiction Over the Parties in a Case Subject MatterJurisdiction of Courts The Authority Over Content 0 The Federal Court System 0 Federal District Court General trial court of the federal system Subject matterjurisdiction u when the United States is a party Examples Criminal prosecutions by federal agencies contract breach actions by federal agencies a federal question Examples Suits by private individuals under securities laws Sherman Act etc a diversity of citizenship Example Suit where plaintiff and defendant are from different states and the claim exceeds 75000 a one issue that arises is what law will be applied to the case federal courts apply state law they do not make up a new system of federal common law There are ninetyfour federal districts a each state is at least one federal district I DC and Puerto Rico are also federal districts a number of districts per state is determined by population and case load Opinions of federal courts are reported in the Federal Supplement Cite FSupp o Specialized courts courts of limited original jurisdiction Tax court Bankruptcy court US Claims court Judge Advocate General military courts Courts for other agencies US Court of International Trade 0 US Court of Appeals Formerly known as US Circuit Court of Appeals Thirteen federal circuits 14th is proposed via division of the 9th circuit Group federal districts into these thirteen circuits Generally a panel of three judges reviews appeals from Federal District Court unless en banc Opinions found in Federal Reporter Cite F F2d or F3d 0 US Supreme Court Must decide to review cases Issues writs of certiorarion those cases they will review Has original jurisdiction for n disputes between andor among states a charges of espionage or ambassadors and foreign consuls Nine judges with lifetime appointments Opinions reported in a United States Reports of cial reports Cite US a Supreme Court Reporte Cite SCt n Lawyers Edition Cite LEd LEd2d The State Court Systems 0 State Trial Courts Generally called superior circuit district or county court States also have limited specialized jurisdiction trial courts a small claims Lesser damage claims 0 No lawyers a Justice of the Peace courts Smaller damage claims 0 Lawyers permitted to appear a traf c courts for citations a probate courts for wills guardianships conservatorships etc 0 State Appellate Courts Opinions reported in regional reporters Example Paci c Reporter P or P2d 0 State Supreme Courts Opinions also reported in regional reporters Example 45 WashApp 442 0 Judicial Opinions 0 Reported published for precedent 0 Cases have crossreferences for research tools 0 Venue 0 Location of Court in the System 0 In some cases the community is so involved in a case that selections of a jury in that community would seal one s fate In Personamjurisdiction of Courts The Authority Over Persons 0 Ownership of Property Within the State Property ownership in the state in remjurisdiction Volunteerjurisdiction Parties Agree to It 0 Presence in the State quotminimum contactsquot 0 Residence o Corporations incorporated or doing business in the state 0 quotMinimum Contactsquot constitutional standards of contact with a state 0 Long Arm Statutes Procedural statute needed for state court to take jurisdiction Allows state court to bring in outofstate defendants if constitutional quotminimum contactsquot met The International Courts Types and Names of International Courts 0 International Court ofJustice ICJ Part of UN Jurisdiction is contentious parties must agree to submit 0 EU Courts Court ofJustice of European Communities European Court of Human Rights 0 InterAmerican Court of Human Rights 0 Opinion Found in International Law Reports 0 London s Commercial Court site of many international arbitrations Jurisdictional Issues in International Law Con icts of Law in International Disputes 0 Court systems vary 0 Tort recovery more liberal in US no contingency fees allowed elsewhere 0 If home country provides adequate forum for relief plaintiffs can t bring suit in the United States even if recovery is substantially less 0 Party autonomy controls parties can agree on forum and applicable law Vocab Affirm When the appellate court upholds the lower court39s decision Appellant or petitioner The party who appeals a lower court39s decision Appellate Court A court of review that reviews the trial court proceedings for errors of law and procedure Attorneyclient privilege An attorney cannot disclose statements or information given by the client Concurrent Jurisdiction Authority of more than one court to hear a case Contentious Jurisdiction Consensual jurisdiction of a court that is consented to when the parties have a dispute for example UN courts Court ofJustice of European Communities The court of dispute settlement for the nations of the European Community Defendant Party who is alleged to have committed a wrong in a civil lawsuit the charged party in a criminal prosecution Diversity of citizenship A requirement for federal court jurisdiction whereby the plaintiff and defendant must be citizens of different states Note that the amount in controversy must by 75K or more as well European Court of Human Rights A noncommercial court dealing with disputes over the treatment of a country39s citizens Federal Circuits Geographic groupings of the federal district courts for purpose of appellate jurisdiction Federal District Court The trial court of the federal system In Personam jurisdiction jurisdiction over a person In Rem jurisdiction A method whereby a court obtains jurisdiction by having property or money located within its geographic jurisdiction provided that the property is the subject of the dispute InterAmerican Court of Human Rights In international law the court for resolution of noncommercial issues or the violation of human rights by a particular nation in North or South America International Court ofjustice ICj Voluntary court in the international system of law nonbinding decisions jurisdiction The power of a court to settle disputes Limited jurisdiction Specialty courts that have only limited authority over certain types of cases with distinct subjects matter probate courts have limited jurisdiction over probate matters only LongArm Statues Statutes in each state that allow the courts to bring in defendants from outside the state so long as they have some quotminimum contactquot with the state Minimum Contacts Standard used for determining in personam jurisdiction over residents outside the state of the court of litigation nonresident defendants must have some relationship with the state to justify a court taking jurisdiction Modify Action of an appellate court when it agrees with the trial court39s verdict changes the judgment amount of the remedy Plaintiff Party ling suit who is alleging a wrong committed by the defendant Precedent Priorjudicial decisions Remand When an appellate court sends a case to the a trial court for retrial or other proceeding as the result of the appellate court39s decision Respondent or Appellee The party against whom a petition or an appeal is led Reverse Action of an appellate court in changing the decision of a lower court Reversible error Mistake made in lower court proceedings that is sufficient in magnitude to change the outcome of a case 0 Small Claims Court Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and usually without attorneys Stare Decisis The principle of adhering to the rule of law from prior decisions 0 Trial Court The court where the case is initially presented and witnesses testify US Supreme Court The highest appellate court in the federal system and also the highest appellate court for state appeals Venue Geographic location of a trial CHAPTER 4 Outline What is Alternative Dispute Resolution Types of Alternative Dispute Resolution 0 Arbitration Oldest Form of ADR O O 0 Parties submit grievances and evidence to a thirdparty expert in an informal setting American Arbitration Association provides many arbitrators Binding arbitration can t get court to reverse it Advantages Less formality Moves faster than a trial Handled privately Expert handles the cases Disadvantages Arbitrator may not have legal training and may not understand the signi cance of legal points Rules of evidence don39t apply Federal Arbitration Act Passed to curb judicial declarations of arbitration clauses invalid Designed to encourage arbitration except when it is speci cally prohibited Process Parties agree to submit to arbitration may be part of their contract can agree after the fact American Arbitration Association AAA can handle the proceedings for a fee Demand for arbitration is led Arbitrator is selected a proposed list sent to parties a they can object within time limits Hearing preparation parties gather evidence Case is presented in hearing Arbitrator has thirty days from close of hearing to make a decision Award is made 0 Mediation Parties use a gobetween to negotiate and communicate Used in international transactions Mediator can offer suggestions for resolution Not binding 0 Medarb Arbitrator tries mediation rst If no success goes to arbitration o Minitrial Smallscale trial where parties present case to a judge with experience in the eld or to a neutral advisor Advisor or judge makes decision Can motivate parties to resolve differences even if the results are not binding 0 Rentajudge Trial held in commercial as opposed to a public court Pay fees for courtroom and judge Example quotThe People39s Courtquot TV show judge judy o Summaryjury Trials Summary presentation of case to judge and jury Gives parties an idea about jury39s perceptions Used after discovery is complete 0 Early Neutral Evaluation Consultant or volunteer gives parties an assessment of the position Generally used prior to discovery Saves expenses if parties settle following the evaluation 0 Peer Review Employment dispute method Companychosen employeechosen and neutral members review employer39s actions High success rate 0 Impact of ADR Some states have mandatory ADR for cases below a certain dollar amount 25000 50000 Increasing because of its cost savings Resolution of International Disputes 0 International Chamber of Commerce ICC Has Used Arbitration Since 1922 0 Center for Settlement of Investment Disputes ICSID Is an International Arbitral Organization for Investors Investment Contracts Can Provide for Arbitration by ICSID Parties Free to Choose Which Courts Will Hear Their Disputes 0 Party autonomy o US courts are a popular choice 0 International Courts like ICJ Have No Enforcement Powers 0 Act as mediators 0 Provide perspective on dispute Litigation vs ADR The Issues and Costs 0 Speed and Cost 0 Arbitration mandatory nonbinding in 35 states for disputes of lesser dollar amounts 50000 is typical 0 Hearing is fasterfrees up courts for larger disputes 0 Protection of Privacy 0 Court records are public documents 0 Firm s nancials strategies concerns and weaknesses are on display for the public 0 Creative Remedies 0 Creative resolutions not generally available through courts 0 More room for give and take of issues and discussion 0 Judge and Jury Unknowns o Trier of fact presents a variable in outcomes 0 Problems of hindsight determination Absence of Technicalities o Evidentiary exclusions limited 0 More of a search for the truth 0 Contrast Litigation and ADR When You Are In Litigation 0 How Does a Lawsuit Start 0 People begin civil lawsuits system does not do it for them Based on a claim of right Lawsuits are efforts of individuals to enforce their rights 0 The Complaint Petition Must be led within statutory time limits statutes of limitations Vary from state to state Vary for the type of right Example Generally two years for personal injury claims generally four years for contract suits Complaint is general statement of claim a must describe actions that led to claim of violation u must establish jurisdiction and venue of court in which it is led Example For federal district court must show diversity or that a federal ques onisinvoked a class actions are often led against businesses 0 PLAINTIFFS POOL TPOGETHER THE COSTS o DEFENDANT NEED ONLY TRY CASE ONCE o POSSIBLE ABUSES OF CLASS ACTIONS o The Summons Complaint or petition and summons is served on defendant Summons explains to defendant hisher rights a where to defend a how long to defend a the effect of not defending the suit Delivered by an officer of the court sheriff or magistrate or by licensed private process servers In exceptional circumstances service is accomplished by publication Rules on how service is accomplished vary a statutory agents can accept service for corporations n leaving with another adult at residence is acceptable 0 The Answer Second portion of the documents in a case are known as pleadings Pleadings include a complaint petition a answer a counterclaims n crossclaims Failure to le an answer within the statutory time period is a default a time limits for ling answers are typically twenty to thirty days a like a forfeit in sports plaintiff wins because the defendant fails to show up Answer content a defendant can admit allegations in complaint are true Examples Can admit court has jurisdiction can admit incorporation in that state a defendant can deny allegations in complaint Example Defendant denies that he negligently struck plaintiff a defendant can counterclaim effect is the defendant is also suing plaintiff for damages Example Defendant denies contract breach and counterclaims for defamation because of plaintiff s statements about the breach in the business community Seeking Timely Resolution of the Case 0 Motions for formal requests for a court to take action 0 Motion forjudgment on the pleadings Even if everything the plaintiff said in the complaint were true there is no cause for action Examples A suit for defamation where no one heard or saw the remarks no publication doesn t give the plaintiff any remedy even though the statements were defamatory calling a partner dishonest in a closed room where only that partner is present If court grants motion the case is over at the trial court level appeal is possible 0 Motion to dismiss Can be led any time throughout the case Can be based on lack ofjurisdiction or expiration of the statute of limitations 0 Motion for summary judgment Appropriate in cases where there are no factual issues Examples ln contract cases the case often revolves around the interpretation of a statute and not the factual issues in the case Used to resolve questions of law when the parties agree on the facts Tort and personal injury cases are inappropriate for summary judgment because of issues of fact 0 How a Lawsuit Progresses Discovery 0 Process of gathering evidence for trial new federal rules and those of most states now mandate timely disclosure of all relevant evidence 0 Forms of discovery to supplement evidence released Requests for admissions request from one party to another for the admission of facts so that proof requested at trial is limited Example Admitting a contract the contract is signed The penalty of attorneys fees is assessed to parties who fail to admit subsequently established facts Depositions statements of parties or witnesses taken under oath in an informal setting El El preserves immediate recollection of witnesses helps predict testimony to be given at trial Limitations on discovery El El evidence must be relevant cannot discover work product the thoughts strategies and theories of the attorneys in the case applies only to attorneys39 work product and not accountants Requests for production requests to parties to produce documents relevant to the case Examples Income tax returns to show lost earnings memos internal on contracts 0 Resolution of a Lawsuit The Trial 0 Can be a trial to the court or a jury trial 0 Jury trial Required in cases where damages over 20 are claimed Absolute right to jury trial is only in criminal cases Jurors selected from voting or drivers39 license lists Process of voir dire used to narrow jurors for panel El ask questions about their knowledge of the case level of education background etc can be challenged for cause incapable of making an impartial decision when they know parties when they were involved with the case peremptory challenge limited number of challenges used by attorneys to remove potential jurors with whom they are uncomfortable jury selection is an art lawyers attend seminars to learn tools for selection consulting rms are available to help with background data and demographics on past juries and attorney success rates 0 Trial language Opening statement gives summary of the case and witnesses and how they t together to prove necessary elements Plaintiff39s case El El presents witnesses direct examination defendant can crossexamine plaintiff39s witnesses Postplaintiff39s case motion motion for a directed verdict a plaintiff must prove all elements called a prima facie case a failure to prove all elements entitles defendant to a directed verdict u made with jury excused Defendant39s case n presents witnesses direct examination a plaintiff can crossexamine defendant39s witnesses Types of evidence a witnesses39 testimony I documents a photographs a tangible items a hearsay can be admissible to establish facts other than the issue in the case Closing arguments each side summarizes cases presented Jury instructions a judge explains law to jurors a law is written in form forjurors to apply a lawyers have input on instructions jury deliberations u some states do not require unanimous verdicts in civil cases a majority n ifjury cannot reach a verdict hung jury results and there must be a new trial jury verdict n decisions ofjury a one side can request to have jury poed occasionally any pressure exerted will come out then Posttrial motions a motion for a judgment NOV non obstante veredicto motion for a judgment notwithstanding the verdict effect is a trial court judge reversing the jury verdict rarer done a motion for a new trial judge orders case retried Issues in International Litigation 0 Which Laws Apply If country of accident has adequate remedies foreign citizens may not come to US in order to enjoy bene t of our traditionally ibera recovery rules and higher verdicts 0 Differences in US vs Other Countries 0 Tort ability 0 Amounts of damages Vocab Chapter 4 Alternative Dispute Resolution ADR Means other than litigation used to resolve disputes and claims includes arbitration mediation and negotiated settlements Answer Pleading led by the defendant containing the defendant39s version of the basis of the suit Binding Arbitration Arbitration from which there is no judicial appeaL Burden of Proof The responsibility of the party for providing the facts needed to recover in a lawsuit Class action suits Civil suits by a group of plaintiffs with the same claims Complaint Pleading that outlines the plaintiff39s allegations against the defendant and the remedies sought Counterclaim Pleading in a lawsuit in which the defendant makes allegations against the plaintiff in response to the plaintiff39s complaint Default Judgment entered when the defendant fails to le an answer or other responsive pleading in a lawsuit Depositions Form of discovery in which witnesses or parties can be questioned under oath in recorded testimony outside the courtroom Derivative suit Lawsuit brought on behalf of another through the other39s rights for example a shareholder suing to enforce a corporation39s rights Discovery Pretrial process to gather evidence for a case Equitable remedy A remedy other than money damages such as speci c performance injunction and so on Injunctions Equitable remedy in which the courts order or stop a particular activity International Chamber of Commerce ICC Voluntary body with uniform rules on commerce and contracts Interrogatories Method of discovery in which parties send written questions to each other with responses that are given under oath Legal remedy In common law a legal remedy consisted of money damages only Mediation ADR mechanism in which a third party helps the parties come to an agreement that settles a dispute Minitrial ADR method in which the of cers of two rms in a dispute listen to the key evidence in a case to see if a settlement can be determined Motion A party39s request to the court for action o Peremptory Challenge Right to strike jurors with or without cause usually limited in number 0 Pleadings The complaint answer and counterclaim led in a lawsuit Prima Facie Case A case establishing all the necessary elements without rebuttal evidence from the defendant entitles the plaintiff to a verdict Process servers Individuals licensed by a state to deliver summonses and subpoenas to individuals 0 RentAjudge ADR method in which the parties hire a formerjudge and a private hearing room and the judge determine liability Request for Admissions Discovery tool in which one side asks the other to admit certain facts in a case 0 Request for Production Discovery tool in which one side asks the other side to produce documents relevant to the case 0 Speci c performance Equitable remedy in which party asks for performance of the contract as damages Statute of limitations Statutes controlling the time periods in which suits must be brought by plaintiffs 0 Summary Jury Trial An ADR method in which the parties present a summary of their evidence to a private jury and then agree to abide by their decision or settle depending on what the jury concludes Summons Court order issued to the defendant in a lawsuit that explains the requirement of ling an answer or other response and the time period in which it must be done 0 Verdict The outcome or decision in a trial 0 Work product An attorney39s thoughts research and strategy in a case nondiscoverable Week Three Online Quiz What is the difference between binding and nonbinding arbitration Select Ea 9039 Answer Binding arbitration means that the parties have agreed they will not challenge in court the ruling from the arbitration Binding arbitraiton is a nal resolution of a case Nonbinding means the parties are free to still take judicial court rememdies What is jurisprudence Selected u Answer Jurisprudence is the philosophy of law or wisdom of the law Jurisprudence looks at the foundation purposes and goals of law it is the philosophy of law What is voir dire Selected d Answer The process of questioning potential jurors for service on a case Voir dire is the Latin term for jury selection Judges and lawyers for the parties check the jurors for bias and con icts How many justices are there on the US Supreme Court Selected Answer b 9 There are nine justices one of whom serves as the chief justice and the all hear all of the cases unless one judge recuses himself or herself for a con ict Jayne Adair a California resident fell from the third tier of seats at Wrigley Field while she was attending a Jimmy Buffett concert held there to raise money for the victims of Hurricane Katrina in September 2005 She experienced paralyzing injuries and has hospital bills of 100000 and the bills from her stay at the rehabilitation center total 76000 so far Jayne feels that the railing on the third tier was weak and collapsed when she leaned on it She wants to bring suit against the Chicago Cubs the managers of Wrigley Field and Jimmy Buffett and his manager The Cubs have their business of ces in Chicago Wrigley Field is managed by a Chicago company and Jimmy Buffett lives in Margaritaville offshore from the United States Which court would have jurisdiction overJayne39s case That is where does she need to le her suit Selected OL Answer Jayne39s suit may be brought in federal district court Federal District Court has jurisdiction over cases that involve citizens of different states or in this case countries and in which the amount of damages are over 75000 However Jane should bring the case in the state court where the injury occurred Which of the following is an example of private law Selected c ANSWeri Rules and regulations landlords post and put into leases Rules and regulations are examples of private laws set up between two parties who have a contract between them There is no law that forbids you from bringing food into the laundry room but your landlord can prohibit that and make that conduct a term and condition of your lease What is the difference between mediation and arbitration Selected c Answer Mediation involves a gobetween and no headng Mediation is a process using a facilitator who helps the parties come to a mutual agreement Arbitration is a form of a relaxed trial a hearing to get the evidence out and have an experienced andor expert arbitrator decide the case In the Sony case in Chapter 1 in your book what does the court mean by quotvicarious liabilityquot Select OL 9039 Answer The term quotvicarious liabilityquot means liability for the conduct of others even though you were not involved directly The court held that Napster could not turn a blind eye to how its service and programs were being used Vicarious liability is responsibility for the actions of others even though you were not directly involved Which of the following is NOT true of criminal laws Selected ANSWeri Criminal laws are enforced by the actions of private citizens Correct criminal laws are enforced by prosecuting attorneys such as the county attorney or the US Attorney Public servants bring the charges against individuals and companies for violation of criminal laws Which of the following concepts is used along with long arm statutes Selected Answer a Minimum contacts Longarm statutes give courts jurisdiction over the parties if suf cient minimum contacts are present These statutes determine whether someone can be required to come to a state and defend a lawsuit when he or she is not a resident of that state Week Three ncass quiz LES 305 Week 3 Quiz Fall 2014 Tuesday ANSWERS 1 During voir dire a the parties must disclose all discovery that will be used at trial b jurors are asked questions to determine if they have a bias about the case c the parties may crossexamine witnesses in the case d the parties may crossexamine other parties to the case 2 The principle of following earlier court decisions is a stare decisis c equity b quid pro quo d executive orders 3 Southern California jeans maker True Religion Apparel led a lawsuit against 282 websites originating in China that used such names as TrueReligion4Cheapcom for selling counterfeit replicas of True Religion jeans The jeans maker sought 815 million from each defendant The United States has jurisdiction tohear the case Which of the following is correct a Chinese website operators are never required le anything with the court to protect their interests b If the defendants failed to answer within the stated time limit True Religion could obtain a forfeit c If the defendants failed to answer within the stated time limit True Religion could obtain a default d None of the answer choices are correct httparticlesatimescom2012mar31businessla O331true religion20120331 NOTE A federal judge issued a default judgment in that case in the amount of 864 million 4 You are working as an accountant for a prestigious Fortune 500 company Your boss asked you to change the numbers to meet quarterly earnings estimates and you complied Now the attorney for the company wants to know about your involvement in the matter Which statement below is true a Anything you say about the matter is covered by the attorneyclient panege b Anything you say about the matter is protected under the doctrine of stare decisis c You should not speak and you should hire your own attorney to protect your interests d None of the above are correct Note that the company is the attorney s client and not you individually Questions 5 10 relate to the following fact pattern BP British Petroleum was found grossly negligent in a civil trial for causing the Deepwater Horizon oil spill in the Gulf of Mexico in April 2010 The judge assigned 67 percent of the fault to BP 30 percent to Transocean and 3 percent to Halliburton Fisk Margaret Cronin Calkins Laure Brubaker and Feeleyjef 39WorstCase Ruling on BP Ruling on Gulf Spill Means Billions More in Penalties Bloomberg September 4 2014 httpwwwboombergcomnews20140904bpfoundgrossly negligentin2010gulf of mexicospihtmI During the trial what did the court apply the dicta from previous cases the voir dire from previous court cases the rule of law from previous cases none of the answer choices are correct QnO39QJU39I 6 Where is the appropriate place for the government to le and try the case involving the violation of federal environmental laws a federal district court b state court c the United States Supreme Court d any of the above would have jurisdiction 7 What equitable remedy could the plaintiffs seek to prevent BP from operating in the Gulf of Mexico again a monetary damages b punitive damages c an injunction d A and b only e None of the answer choices are correct 8 If you were the one in charge of retaining evidence for BP knowing that litigation is still ongoing and that an appeal by BP is likely what should you do a always retain evidence whether or not it could material to any HUgann b there is no penalty if you dispose of the evidence c retain the evidence as long as there is a substantial chance of litigation and as long as the evidence is material to it d None of the answer choices are correct 9 If BP decides to appeal the ruling what will the appellate court hear a It will retry the case in its entirety b It will apply the discussion of the rule of law decided in earlier similar cases c It will call all of the witnesses from the trial court to testify during the appeaL d It will review whether the law was properly applied and procedure was properly followed by the trial court e It will apply the dicta from earlier court cases when rendering its decision 10 Hypothetically ifJim a BP employee overheard statements made by his supervisors indicating that BP knew a catastrophe was imminent and chose not to prevent it would Jim s testimony be admissible in the lawsuit a No it is privileged under the attorneyclient privilege b Yes because it is relevant to the case c No it is not admissible in court d Yes as long as it is under oath e Yes because Jim spoke voluntarily and he was not under duress at the time of his statement Note Hearsay is considered to be unreliable because it is really gossip therefore it is inadmissible
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