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76 Cards in this Set
- Front
- Back
Administrative Agency
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unit of executive branch established by statute responsible for enforcing laws
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Administrative Agency
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unit of executive branch established by statute responsible for enforcing laws
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Administrative Law
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rules and regulations created by executive branch
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Bill of Rights
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first 10 ammendments of the constitution
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Commerce Clause
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congress has sole authority to regulate almost all trade
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Common Law
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tradition set of laws based upon precedent
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Constitutional Law
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fundamental laws from state and federal constitution that establish authority for government & organize the government
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Defendant
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party responding to a legal action
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Equitable Principles and Maxims
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common law philosphies introduce concepts of fairness and justice
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Law
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Enforceable rules governing society
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Plantiff
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party bringing forth legal action
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Precedent
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previous legal decision
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Administrative Law
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rules and regulations created by executive branch
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Bill of Rights
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first 10 ammendments of the constitution
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Commerce Clause
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congress has sole authority to regulate almost all trade
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Common Law
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tradition set of laws based upon precedent
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Constitutional Law
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fundamental laws from state and federal constitution that establish authority for government & organize the government
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Defendant
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party responding to a legal action
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Equitable Principles and Maxims
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common law philosphies introduce concepts of fairness and justice
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Law
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Enforceable rules governing society
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Plantiff
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party bringing forth legal action
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Precedent
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previous legal decision
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Remedies at Law
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money or property to pay for damages
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Remedies at Equity
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solutions generating a fair and just response
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Stare Decisis
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common law priciple by which precedents within jurisdiction become binding
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Statutory Law
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laws set forth by legislative bodies
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Example of Administrative Agency
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FDA
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Example of Administrative Law
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Nutritional Facts
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Example of Common Law
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Roe V Wage: abortion rights
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Example of Constitutional Law
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Bill of Rights
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Example of Precedent
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Roe V Wade
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Example of Statutory Law
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Having car insurance
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means
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method of achieving a goal
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end
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outcome
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business ethics
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right and wrong behavior in business
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ethics
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right and wrong behavior in society
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Categorical Imperative
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developed by Immanuel Kant as an ethical guideline for behavior
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Questions asked about Categorical Imperative
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1. What would it be like if everyone made the same ethical choice being considered?
2. Are people being used as a means to an end |
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Outcome Based Ethics
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1. concerned with society
2. Cost Benefit analysis 3. Measures outcomes in "goods" and "bads" 4. ends justifies the means |
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Duty Based Ethics
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1. Individual
2. Categorical Imperative 3. Rights and Duties 4. The means will never justify the ends |
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rights
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things to which a party is entitled
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Duties
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things to which a party is obligated
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Cost Benefit Analysis
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decision making technique involves weighing the cost og a given action agains the benefits of that action
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Moral Minimum/Moral Standard
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law is the absolute minimum standard for ethical behavior in business
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Utilitarianism
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outcome oriented focus on consequence of action
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Justice Theory: 4 Ethical Questions
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1. Is it legal
2. Is it balanced? (are you thinking about the impact of your decision) 3. who are the winners and losers? ( what is the effect of the decision) 4. How does it make me feel about myself |
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Why should business' behave ethically
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to make more money
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Principle of Rights
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all individuals have rights and rights have corresponding duties
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Litigation
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settling a dispute through the court process
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Discovery
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the process by which litigates gather information and evidence from one another
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What is an example of discovery?
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documents, emails, invoices, tax returns, testimony
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ADR
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1. Negotiation
2. Mediation 3. Arbritration |
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Negotiation
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parties resolvek dispute among themselves
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Mediation
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parties resolve dispute among themselves with help of nuetral 3rd party
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Abritration
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neutral 3rd party resolves a dispute
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Non-binding arbritration
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parties don't have to agree with arbritration
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Binding Arbritration
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parties HAVE to do what arbritrator says
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Diversity of Citizenship
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State Cases that are tried in federal courts`
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3 reasons for Diversity of Citizenship
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1. foreign nations vs. us citizen
2. foreign citizen vs. us citizen 3. 2 us citizens from different states state case |
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Example of Federal matter
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Bankruptcy
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Example of state matter
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family or probate
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jurisdiction
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which court sustem has the authority to hear and decide a case
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venue
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where a trial takes place
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litigation
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the process of resolving a dispute through the court system
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Long arm statute
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process by which states asserts jurisdiction over a noncitizen
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inrem
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property jurisdiction
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inpersonam
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persons jurisdiction-minimum contact
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judicial review
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common law principle by which court interprets law
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state jurisdiction
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state may assert jurisdiction over property within its border
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Rule of 4
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before a case brought before US Supreme Court 4 justices have to agree to hear a case
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Small Claims Court
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1. under $5,000
2. Minor Disputes 3. No lawyer 4. automatically appealed to District Court |
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Standing to Sue
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in order to sue another party plantiff must have suffered a loss at stake
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4 sources of Primary law
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1. Constitutional law
2. Statutory Law 3. Administrative Law 4. Common Law |
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Trial Court
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facts and law
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Apellate Court
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law only
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Which court is the final authority with regard to federal matters?
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US Supreme Court
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