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This 17 page Class Notes was uploaded by Cecil Ortiz on Friday October 23, 2015. The Class Notes belongs to MGT 340 at University of Kentucky taught by Gary Payne in Fall. Since its upload, it has received 115 views. For similar materials see /class/228308/mgt-340-university-of-kentucky in Business, management at University of Kentucky.
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Date Created: 10/23/15
The Judicial System amp Managing Disputes Chapter 1 Law Rules that govern society Judicial System tries to let the market regulate itself Let individuals use own ethics to make decisions A lot of people think Judicial System can t be trusted o Attorneys contribute to lack of support I Eg OJ Simpson case Liebeck vs McDonalds Classifications of Laws 0 Public vs Private Law I Public Relationship between government amp its citizens Crimes property etc I Private Deals with individuals Car accidents divorces Landlords amp tenants 0 Civil vs Criminal Law I Civil Addresses the rights between individuals 0 Remedy Money Damages etc 0 Don t send people to jail but if you violate someone s civil rights you could go to jail I Criminal Wrong committed against society amp government brings charges to punish someone Fines probation jail etc o 4 Categories of Criminal Acts 0 Violation Offense if found guilty you pay a fine I Trespassing open container in vehicle I Lowest offense 0 Misdemeanor Less serious offense you can go to jail I Generally spend less than 12 months In jail I Class A up to 12 months I Class B 90 days I Shoplifting lt 500 DUI o Felony Serious offense 1 year life in jail I Eligible for death penalty I Capital felony Class D Least 15 years 0 Possession of drugs 0 Shoplifting gt 500 Class C 510 years Class B 1020 years Class A 20life in jail O O O o Treason Bringing war against the US I FederalCapitaloffense o Burden of Proof I Criminal Plaintiff or Commonwealth I Civil Preponderance of evidence more likely than not I 12 panel juries 9 have to believe I 6 panel juries 5 have to believe Substantive vs Procedural I Substantive quotBlack Ladder Lawquot 0 Must be followed I Procedural How to enforce Substitutive 0 Procedures to follow 0 Search warrants Common vs Statutory Law I Common Judge made laws quotCommon Lawquot 0 No written law 0 A lot of contract law is common law Statutory Laws legislator passes Criminal Code 0 Statues Kentucky Revised Statutes or 0 Code United States Code Federal Law or 0 Ordinance Fayette Co Ordinance or 0 Regulation Laws vs Equity I Legal Remedy I Equity Court A body of law that attempts to do justice when the law does not provide a remedy or when the remedy is inadequate or when the application of the law is terribly unfair o Injunction Orders prohibiting certain conduct or ordering certain acts Purpose of Law 0 OOO Keep order to give structure to society Influence our conduct Honoring Expectations Promote Equality Great Compromiser Characteristics in the Law 0 Consistency o Flexibility o Pervasiveness Sources of Law 0 Constitution 51 Each state federal constitution o Statutes Codes Ordinance Regulation I Pocket Parts Where updated law is put in the back of law books 0 Executive Orders Laws of the executive branch of the federal government and deal with those matters under the direct control of that branch I Judge made law amp Case Law I Clauses I Precedent 0 Reporter System I Court Reporter I Publish Court Cases I KY Southwest Reporters I Plaintiff Petitioner Person who brings the law suit I Defendant Person being sued I If law suit is brought to court of appeals then 0 Appellant Appeals decision to higher suit Lost suit 0 Appellee Responds to appeal Wont Suit 0 Private Law Parties can come up with own law to apply to their particular case 0 International Law Combination of the laws of various countries international trade customs and international agreements I Treaty An agreement between or among nations on a subject of international law signed by the leaders of the nations and ratified by the nations governing bodies I Multilateral treaties Treaties made among several nations I General or universal treaties Other treaties recognized among almost all nations Chapter 2 Ethics Standards that are generally accepted rules of conduct Business Ethics 0 Basic Values Honesty etc o Notion of Fairness o How businesses interact with community Focus on fairness moral standards Categories of ethical dilemmas 0 Taking things that aren t yours Exaggerate traveling expenses Saying things you know aren t true 0 O 0 Buying influence amp engage o Hiding information 0 Condoning unethical behavior I How to justify unethical behaviors 0 Everybody else does it If we don t do it someone else will History amp practice aren t always sound ways to do something Doesn t hurt anybody O O O 0 System is unfair 0 Just following orders o If you think this is bad you should ve seen 0 It s a gray area Chapter 3 0 Judicial System Kentucky 0 Majority of Law comes from Precedence o Courts 0 Trial Court I Facts are presented to a jury orjudge bench hearing 0 Appellant Court I Review what happens in trial court I Publish interpretations of certain cases in reporter series I No new trial Notice of Appeal Within 10 days of case final notice I Brief Memorandum stating mistakes that were thought to have taken place I Court of appeals will then decide to have an argument 0 25 minutes each to state their case Purpose is to look for error Reversible Error Case is reversed and redone or dismissed Remanding the case Sending the case back to trial court Case is affirmed if no error Courts often look for statutory interpretation In order to appeal the attorney has to object o llPreserve the record Attorney Client Privileges Judges 0 Trier of fact 0 Jury Can control outcome interprets the law 0 Kentucky Court System District Court 0 Limited in of cases they can hear and decide Civil Decision Cases where they sue lt 4000 Small Claims lt 1500 llJudge Judy Probate Court Deceased Will s name change guardianship Forcible Detainer Trying to get someone out of your apartment or house Domestic Violence Mental Division Trying to get someone voluntarily hospitalized Juvenile Division 0 Public Offense Shoplifting etc 0 Status Offense Truancy Out of Control Run Aways Dependency Neglected amp Abused Division DNA Kids 0 Kids not taken care of 0 Physical amp Sexual Abuse 0 Children of deceased or imprisoned parents Paternity Division 0 AKA llHappy Pappy Court 0 Naming father of child Traffic Division 0 No Insurance speeding illegal parking Criminal Division 0 Misdemeanors no more than a year in jail 0 Preliminary hearing District Judge 0 4 year term 0 5 district judges Fayette Co 0 Must have practiced law for 2 years 0 Circuit Court Court of general Jurisdiction gt 4000 Malpractice suit Breach of contract Criminal cases take priority felonies Has exclusive jurisdiction Adoption divorce termination of parental rights Appeals court from district court Circuit court judges o Elected for 8 year terms 0 Must have practiced law for 8 years 0 Must live in county 0 Family Court Part of circuit court but hears family issues No jury trial 0 KY Appellant Court Court of Appeals 0 Hears cases from trial court 0 14 judges 0 Each region has a judge 0 They usually set in panels of three KY Supreme Court Frankfort o All justices have worked in trial court 0 7 justices 0 Serve 8 year terms 0 They don t have to hear every case 0 Certain cases can be appealed straight to supreme court 0 Appeals by matter of right 20 years in jail 0 Cases can be appealed to federal courts 0 Oversee rules of procedure bar suspesion 0 Federal Court System 0 Federal judges Appointed by president Serve life terms US District Court 0 Prosecutor is US Attorney 0 Trial courts for federal system 0 At least 1 in each state 0 KY has 2 east amp west 0 Final opinions published in reporter cases Chapter 4 Specialty trial courts 0 Limited No Jury 0 Bankruptcy tax courts military Court of claims 0 Against US I CourtofInternationalTrade I US Court of Appeals Circuit 0 11 throughout US 0 Ky is 6 h circuit KY TN OH MI I Cincinnati OH 0 Decisions to apply only to particular circuit I US Supreme Court 0 Located in Washington DC 0 9 judges o Writ of Certiorari certify a question to the Supreme Court 0 Can be a trial court Treason Impeachment Definitions 0 Doctrine of Stare Decisis quotLet the Decision Stand 0 Jurisdiction Courts authority to hear a case 0 Federal Jurisdiction depends on I If there s a federal question constitution US code I Diversity Jurisdiction gt75000 or people from different states I Whenever the US is a party in the case Concurrent Jurisdiction When two different courts can hear a case 0 Exclusive Jurisdiction When only 1 court has jurisdiction 0 Personal Jurisdiction I In Rem Jurisdiction Owned property located in jurisdiction amp involved in case I Voluntary Jurisdiction You volunteer I Anyone who lives or does business in the state Presence in the state 0 LongArm Statutes Gives courts power to extend arms ofjurisdiction into other states 0 Venue The location where the case is heard place where accident occurred I Normally sue where defendant lives where crime took place 0 Change of Venue Location changes generally happens when media is involved 0 Standing to sue You are competent to stand in the trial a right to stand in the case Alternative dispute resolution ADR offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly preparation for it o Arbitration Oldest form of ADR Arbitrator understands field of case amp often follows rules of the court Binding Arbitration Decision of the arbitrator is final Nonbinding Arbitration Preliminary step to litigation if one of the parties is not satisfied with the result in the arbitration the case may still be litigated A contract may contain future arbitration clause in case of disputes Once arbitration is decided on they notify AAA in which they will pay a fee Begins with a demand for arbitration The parties do not need lawyers but have the right to use one Parallels a trial Benefits 0 Less litigation 0 Less formal than trial 0 Private Disadvantages o No training 0 Evidence doesn t apply 0 Mediation o Medarb A process in which both parties meet with a neutral mediator who listens to each side explain its position Mediator helps break down impasses and works to have parties make a solution Mediator doesn t issue decision Role of mediator is to try to get the parties to agree on a solution Not binding unless the parties have agreed to be bound by the decision Mediation Arbitration Arbitrator attempts to negotiate between parties If unsuccessful continues to arbitration Same person serves as mediator and arbitrator o Minitrial The parties have their lawyers present the strongest aspects of their cases to senior officials from both companies in the presence of a neutral advisor or a judge with experience in the field Not binding o RentAJudge I Parties may have their case heard before someone with judicial experience without waiting for the slower process of public justice I Parties pay filing fees and pay for the judges and courtrooms 0 Summary Jury Trials I Parties are given the opportunity to present summaries of their evidence to a judge and jurors I If parties are unable to agree a formal trial proceeds I Summary Trial Judge 0 Occurs late in the litigation process after the costs of discovery have been incurred 0 Early Neutral Evaluation I Requires another attorney to meet with the parties receive an assessment of the case by both sides and then provide an evaluation of the merits of the case I The attorney renders an opinion on the resolution of the case I Saves times and money if parties are able to settle o ADR vs Litigation 0 Speed and Cost ADR 0 Protection of Privacy ADR I No public court documents are available for examination 0 Creative RemediesADR 0 Judge and Jury Unknowns I Unknowns o Judges juries arbitrators 0 Their perceptions and abilities o 80 ofall jurors have made up their mind already after opening statements 0 Many businesses opt for a bench hearing 0 Research shows judges decisions are predetermined o Litigation 0 Lawsuit begins when people feel someone has violated their rights 0 People begin lawsuits 0 Step 1 The Complaint A general statement of the plaintiff s claim of rights Must be definite enough in its description of what happened for the defendant to understand why the suit has been brought Prayer of relief KY Statue of limitation Must establish the subject matter jurisdiction of the court I Sometimes filed by a group of plaintiffs who have the same cause of action I Class Action suits o Antitrust cases 0 Shareholder against corporations 0 Employment discrimination cases 0 Step 2 The Summons I A legal document that tells the defendant of the suit and explains the defendant s rights under the law I Must be delivered to the defendant I Is delivered by 0 Officer of the court sheriff or magistrate 0 Process servers 0 Private firms licensed as 0 Step 3 The Answer I Pleadings o Complaint or petition I Defendant has to answer 0 in KY defendant has 20 days 0 Default Failure to answer in which plaintiff wins I Counterclaim 0 Answer where the defendant countersues the plaintiff alleging a violation of rights and damages against the plaintiff o Motions I Requests to the court that it take certain action I Motion forjudgment on the pleadings 0 Plaintiff has no cause of action even if everything the plaintiff alleges is true I Motion to dismiss 0 Can be filed any time during the proceedings 0 Usually is part of the defendant s answer I Motion for summary judgment 0 Two requirements 0 Appropriate only when the moving party is entitles to a judgment under the law and when no issues of fact remain disputed 0 Discovery I Courtsupervised process of gathering evidence I The parties must offer to the other side lists of witnesses relative documents tangible evidence and statements relative to the case 0 Request for Admissions I Asks the other side to admit to a certain fact I Attorney fees can be recovered for the costs of proving the facts that were denied 0 Deposition I Oral testimony of parties or witnesses that are taken under oath but outside the courtroom and before the trial I Helpful in determiningjust how strong a case is I Has general limitation of relevance I Only things that are evidence or could lead to the discovery of evidence are discoverable 0 Request for production I Requires the other side to produce requested documents that have not already been given under the new discovery rules 0 The Trial Chapter 5 Business amp Constitution 0 Preamble 0 Form a more perfect union among states 0 Establish justice 0 Ensure domestic tranquility 0 Form a common defense 0 Promote general welfare 0 Secure blessings of liberty o 4 roles of constitution 0 Establish national government 0 Establish relationship between national amp state government 0 Define amp preserve personal liberties 0 Keep government going 0 Basic Role of Government 0 Protect people from government 0 Separation of Powers Checks and Balances o Keeps government alive 0 7 articles of constitution o 1 Creates legislative branch I 2 years I gt 25 years ofage I Section 8 o Commerce Clause 0 Congress regulates Commerce with foreign nations and states 0 Interstate commerce o 2 Creates executive branch I President 0 At least 35 years of age 0 State of the Union Requested by Congress 0 Impeachment o 3 Establishesjudicial branch I Supreme Court I Allows congress to create lesser courts 0 4 State interrelationships I Full faith clause I Credit Clause 0 5 Procedure for constitutional amendments I Privileges and Immunities Clause 0 Each state is to have a representative form of government 0 6 Supremacy Clause I Allows federal laws to preempt state laws 7 State ratification of the Constitution 0 0 Constitution limitations of Economic Regulations I Commerce Clause 0 Interstate Congress 0 Intrastate State I Police Power 0 Authority given to states to regulate health safety and welfare of their citizens I Medical Marijuana 0 Bill of Rights I Protects our freedom from encroachment by the government I 1st 10 amendments I Amendments 0 1 Freedom of Speech 0 Establishment clause 0 54 cases 0 Government can t prohibit the free exercise of religion 0 Free exercise clause I Government can t interfere with speech I Government can t regulate content of speech BUT can regulate the context when amp where I State can impose reasonable time and place restrictions 0 Any type of expressions clothing 0 Property privately owned but open to the public mall 0 Freedom of the press 0 Commercial speech 0 2 Right to bear arms 0 Individual Rights I Strictest DC amp Illinois I KY 18 to carry gun even on dashboard o 3 Can t force soldiers to go in someone s home 0 4 Right of people to be secure Search Warrants o 5 Power of Eminent Domain 0 Right to take private property for public purpose 0 Has to have just compensation pay you for it 0 Regulatory taken I Deprives owner of income 0 6 Right to speedy trial attorney amp confront accusers o 7 Right to trial by jury o 8 Against excessive bail cruel amp unusual punishment 0 9Enumeration in the Constitution shall not be construed or denied 0 10 Power not delegated to US by constitution nor prohibited to the state state has power 0 14 State cannot take life life liberty or property without due process of law 0 Due process 0 Right to a hearing 0 Businesses have same right to a certain extent but can incriminate themselves 0 Equal protection clause 0 Constitution has 27 amendments 0 1st 10 Bill of Rights 0 2 Clauses of Religion 0 Establishment Clause 0 Free exercise Clause Chapter 6 Administrative Law 0 Administrative Agencies 0 Intro I Agency Any government unit other than legislative amp courts I Types of agencies 0 Regulatory Can pass laws IRSSECFDA 0 Executive Depts Oversee o NonRegulatory Welfare Agencies Dept of education Public Health Service Social Security Dept ofJustice 0 History I FDA No regulations that ensured products were safe to consumers I SEC Policies financial markets place result of great depression I EPAOSHA I All of these were results of problems in the economy 0 Roles of Admin Agencies 0 Specialization I Complexities of the law I Areas of regulation 0 Protection for small businesses 0 Faster relief 0 Due process 0 Social goals 0 Laws governing admin Agencies 0 Creation and control I Congress 0 Agencies created by congress 0 Created by enabling legislation delegating power to these agencies I President 0 Appoints head of the agency 0 quotABCquot agencies 0 quot4 h branch of government 0 quotminigovernment o Describes agencies 0 APA I Requires agencies to follow certain uniform procedures in making rules 0 Freedom of Info Act I Allows access to certain info federal agencies possess and requires that the agents publicly disclose their procedures and decision 0 Federal register system I Oversees publication of federal agency information I Publications 0 US Government Manuals Gov Agency Phonebook 0 Code of Federal Regulations All regulations of all agencies 0 Federal Register 0 Proposed regulations notices amp meetings notices of hearings on proposed regulations and final versions of amended or new regulations 0 Functions 0 Legislative I Types of rules 0 Procedural rules 0 Interpretive 0 Do not have the same effect as law 0 Interpretations of own rules 0 Legislative 0 Do have the effect of law I Rule Making Process 0 Formal 0 Holds hearing similar to trial amp allow for testimony o Informal 0 Agencies allow time to allow for comments 0 Have to publish proposal in federal register 0 Goes back to federal register and ultimately to CFR I Executive functions 0 Permits licensing o Addresses complaints I Judicial functions 0 Two types of hearings 0 Rule making hearings I Affects entire industry 0 Adjudications I Doesn t affect entire industry I Consent decree proposed penalties I AU 0 Someone within the agency 0 Appeal within agency 0 Cannot go to state or federal courts until you exhaust all admin Agencies 0 3 I Controlling agencies 0 Legislative 0 Congress can dissolve or restrict power of agencies I Can control budget ofagencies I Can pass laws to override agencies rules 0 Executive 0 President chooses agency head 0 Controls budget as well 0 Judicial o Threat ofjudicial review in court considered chief restraint on agency power 0 Circuit court hears these causes Chapter 8 Business Crime 0 Business Crime 0 Crimes within a corporation 0 Why committed 0 Pressure applied to produce results 0 Indirect costs I Security costs 0 Liability I Management of firms who allow conduct I Employees who participate in unlawful behavior 0 Penalties o Reform I Change of penalties to fit situation 0 Creativity I Corporate monitor watches over company I Shame punishment 0 llWe sold spoiled meat newspaper ad 0 Corporation sentencing guidelines I Accepting punishment I Cooperation I Code of ethics 0 Ethics of Crime 0 Mens Rea I Required state of mind I Element of criminal intent o Actus reus I Physical requirement I Easier to prove amp understand 0 Examples of Business Crime 0 Theft amp embezzlement Obstruction of Justice Computer Crime Criminal Fraud 0 O O o US Patriot Act 0 Procedural Rights 0 O O O 4 h Amendment I Individuals amp businesses 0 Protects privacy amp requires warrants for property searches I Reasonable expectation of privacy I Search warrant o Exceptions 0 Plain view 0 Hot pursuit 0 Search incident to arrest 0 Consent I Exclusionary rule 0 llFruit of Poisonous Tree Doctrine 0 Anything as a result of violation is excluded 5 h amendment I To not subject yourself to Selfincrimination o Applies only to people 6 h amendment I Right to counsel I Speedy amp public trial 8 h amendment I Cruel amp unusual punishment I Excessive bail 0 Criminal Trial Process 0 O O 0 Charge I File complaint I Make an arrest Arraignment I 1st appearance in court I Told of charges amp rights explained I Enter plea Discovery I StateGov has burden of proof Motions PleaDismiss Trial I Bifurcated I Double Jeopardy I Formal Sentencing
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