Weeks 1 and 2 Notes
Weeks 1 and 2 Notes 207
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This 3 page Class Notes was uploaded by Shelby Kolb on Tuesday April 12, 2016. The Class Notes belongs to 207 at California Polytechnic State University San Luis Obispo taught by Stephen Stern in Spring 2016. Since its upload, it has received 62 views. For similar materials see Business Law in General at California Polytechnic State University San Luis Obispo.
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Date Created: 04/12/16
BUS 207 Notes : April 5 : State Constitution can give you more rights than a federal constitution, but can’t give you less. State : Small claims court = less than $10,000 Justice court Superior court (by county) : can be appealed to appellate court . can be appealed again to California supreme court. Can be appealed to US Supreme Court who only hears very controversial cases. Specialty courts Due process = under the fifth and fourteenth amendment rights. Civil procedure that you have a right to to defend yourself. -Substantive due process= rights Criminal = right to a jury. Jury has to have 90-92% belief to convict someone = burden of proof (criminal) More likely than not, easier to proof (civil) Burden of proof and testimony : differences between criminal and civil Bench trial = trial by judge without a jury Jurisdiction= whether the court has rights over parties involved, etc. Common law= judge made law. No written law by any legislator. Teleology = o Egoism; right behavior equals good consequences for individual o Enlightened egoism; follow some basic rules not because there right but rather to help a person in some way o Utilitarianism : Greatest good for greatest number ; determine aalternative actions, estimate direct/indirect benefits and costs each action would produce for each person, select alternative that produces greatest sum total of utility is ethically appropriate Deontology(right of individuals) = o Equal respect of all persons o Some things not done even to maximize utility o Rights have corresponding duties o Considers means Universal truths to ethics = religion, golden rule, libertarianism Virtue ethics= good person does the right thing Laws are derived from history. Legal systems and laws based on what Congress creates Common (case) law= figured out by judges since there was no written law. Based on judicial laws Federal question that violates Constitutional rights or federal law & diverse parties with more than $75,000 damage 2 ways to get to court Civil trial = 2 parties Criminal trial = individual vs. government Model laws = laws created by legislature Uniform laws = April 7 : Notes on Other Cases : 1) IBM and the Nazi Regime WW2 : Track death camps Train shipments Count the # of people : gassed, shot, killed another way, starved, etc. IBM Provided : hardware, software, visits to concentration camps to make sure computers were working accurately 2001 Case : Holocaust survivors sued IBM for profits made when helping the Nazis. Case was dropped. Corporation has a LEGAL DUTY to its shareholders to make duties. 2) Royal Dutch Shell and the Nigerian Delta Shell = drilling for oil (Nigerian delta was the top wetland in the world) Externalities = things that happen to innocent third parties. Not figured out in the business http://www.reuters.com/article/usshellnigerialawsuitidUSBRE90S16X20130130 3) Monsanto and Agent Orange and Vietnam Combine 2 of the most dangerous chemicals available 2.14 million Vietnamese exposed (innocent people) 3 million health problems (birth defects, brain damage, lung cancer) US contracted with Monsanto to carpet bomb Vietnam Case settled in 1984 4) Enron Implosion Enron : energy company . stock peaked at 70 billion dollars. Employees required to buy stock Started selling their own stock because Enron fabricated all their finances Company exploded and filed for bankruptcy Unethical movement by corporation (fabricating finances) 5) BP Petroleum and Gulf of Mexico 4.9 billion barrels of oil leaked 16 miles of coast line 125 miles of Louisiana 8000 animals, $40 billion cleanup Shut down the livelihood of fishers 11 killed $20 billion settlement BP didnt want to spend the money for the recommended 21 centralizers , so they decided 6 would be good enough…. Which resulted in the biggest oil spill in history. Costbenefit analysis ETHICS! → BP determined WRONGLY that the money they would save not buying the extra centralizers would be less than the damages they would have to pay in leaks/etc.
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