93 terms

Leg. and Soc. Test 1

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Capitalism
an economic and political system in which a country's trade and industry are controlled by private owners for profit, rather than by the state
free society; individual rights are protected
prevents monopolies, keeps competition down
what does regulation do for small and big businesses
Communism
a political theory derived from Karl Marx, advocating class war and leading to a society in which all property is publicly owned and each person works and is paid according to their abilities and needs
Socialism
a political and economic theory of social organization that advocates that the means of production, distribution, and exchange should be owned or regulated by the community as a whole
includes democracy with aggressive government intervention to correct economic and social ill
mixed
what type of economy is the US
privatization
take things government runs/regulates and make it private
can be benefits and downsides
Socialist Goals (6)
1- liberty
2- social welfare
3- fulfilling work
4- community
5- equality
6- rationality
SW CLER FW: social welfare, community, liberty, rationality, fulfilling work
Teology
driven by the ethical OUTCOME, whatever outcome is the most ethical, it doesn't really matter the means to get you there
Deontology
doing whats right, MEANS driven, doesn't matter about the result
parents and bosses
top 2 ethical influencers
Moral Development (Kholberg Model)
Pre-conventional Level
1-obeys rules to avoid punishment
2- follow rules only if in own interest
Conventional Level
3- do what is expected, stereotypical
4- follow rules because it is their duty
Post-Conventional Level
5- do what is best for the common good of all
6- have principles, if there are conflicts, stand by pinciples
grease payments
paying someone to speed up the process (to speed up licensing to sell products in other countries)
bribes
paying somebody to do or not do something for you (give officer $ to not give you a ticket)
foreign corruption practices act
american businesses were mad at this because other countries could give grease payments but they couldnt
Mans Rights
we are given a right to the pursuit of happiness, not the right to happiness; it is not our job to provide for everyone else; capitalism is a free society,
Social Responsibility
Top: Desired- discretionary, philanthropy responsibility
Expected: ethical responsibility
Bottom line- Required: economic and Legal Responsibilities
NAFTA
north america free trade agreement
Stake Holder Approach
considers all parties and the outcomes when making a decision (triple bottom line; everyone wins)
Shareholder Approach
companies return as much money to the company shareholders; it is their responsibility to donate money to the community
soft money
money given to a specific party supporting someone, unlimited
hard money
money people can give directly to candidates
Preamble
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United states of america
4 Goals of the Legal System
1- Maintain order
2- Peaceful resolution
3- Preserve dominate values
4- Guarantee freedom
Stare Decisis
"let the decision stand"
lobbying
an efficient way to seek to influence (a politician or public official) on an issue
tax breaks and recognition
why do corporations give money
stockholder
somebody who owns a percentage of a company
stakeholder
supplier, employee, customer
venture philanthropy
businesses moving to struggling places to benefit stakeholders and stockholders
liberals
good deeds then profits
moderates
profit equals good deeds
conservatives
profits then good deeds
civil law (private)
involves two people or groups, guilt barely has to be proven, people just lose $
criminal law (public)
involves a state or country or country, guilt has to be proven beyond reasonable doubt, people can go to jail
elements of a crime
actus rea and mens rea
actus rea
element of crime where there is an act - evil act
mens rea
element of crime where it has to be done on purpose - evil intent
insanity
defense where the person doesnt know what theyre doing
infancy
defense where the person didnt know the crime was illegal or that there were legal consequences
self defense
defense where the person was forced to fight back using a REASONABLE amount of force
necessity
defense where the person was in a situation where doing the crime was necessary
intoxicated
defense where the person was too drunk to know what they did
Preponderance of Evidence
applies to civil law ONLY
the greater weight of the evidence required in a civil lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other
Reasons to be heard by the federal courts
- in federal question
-diversity of citizenship (2 people from two different states)
- the amount in controversy is over $75,000
Juristiction
power of court to hear a case
limited Jurisdiction
the court's authority only on certain types of cases such as bankruptcy, family matters
general Jurisdiction
the court's authority to hear all kinds of cases, which arise within its geographic area
Procedural Law
mechanisms to enforce the laws (steps to take if you are hurt by someone else)
set up so that people dont just sit in jail
Substantive Law
legal rights in law (the speed limit is 65, don't drink while driving)
Burden of Proof
carried by the plantiff or the prosecutor; have to prove you did something
petition
document that says somebody does something bad against "me"
identify parties
establish jurisdiction
describe when and where it happened
prayer
a request for compensation
ex: The plaintiff ________ for 1) special damages in the sum of $50,000, 2) general damages according to proof, 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper
Plantiff
one who is planning to sue (the one who was negatively affected by someone else's actions)
defendant
one who is defending themselves (assumed one to have done something bad)
civil
is the discovery process required in civil cases or criminal
deposition
part of discovery process where there is a pre trial under oath "question and answer"
interrogatory
part of discovery process where there are written answers to questions that are sworn truthful
discovery of documents
part of discovery process to find out more - ex. - who owns the home, responsibility
physical/mental exams
part of discovery process where doctors can examine the two sides
admissions
part of discovery process where questions are asked like "do you admit or deny........"
put facts into a funnel and find out what the fight is about
the point of the discovery process
discovery process
makes cases go by faster bc criminal suits come before civil suits
93% of civil cases settle before trial because of this
Alternative Dispute Resolution
other things that can be done to not go to court
gets through the system faster rather than waiting 18 months
- mediation & arbitration & specialty courts
Mediation
hire someone to come to an agreement
not binding, suggestive, held by retired judges (ADR)
Arbitration
agreement that is binding, sign contract created by mediator, whatever they say goes (judge judy, lawyers, etc) (ADR)
specialty courts
business courts
tax courts
bankruptcy courts
small claims
make things go faster than the typical 18 months
(ADR)
Trial Process
1. File a petition
2. service of Process (give the paper to the one serving harm)
3. Answer (one who is served the papers has 20 days to respond)
4.Discovery of evidence
5. Depositions: asked questions that have to be answered
6. Pre-Trial conference; 80% of cases are settled here before they reach the court
7. Select a Jury; want someone who can relate
8. Court; plaintiff burden of proof, defendant and plaintiff for opening and closing
court process
1. jury selection
2. opening statement
- plaintiff
- prosecutor
3. direct examination (plaintiff)
4. cross examination (defendant)
5. direct examination (defendant)
6. cross examination (plaintiff)
7. closing statements
- plaintiff
- defendant
- plaintiff
plaintiff, because they have to prove it
who gets first and last words of court and why
actus rea and mens rea (evil act and intent)
Two things it takes to classify an action as a crime
Treason, Misdemeanor and Felony
3 kinds of crimes
Treason
personally commit and act of war against the USA or by giving aid and comfort to an enemy of the USA
Misdemeanor
public intoxication, pee in public, punch someone
serious: assault causing injury, up to one year in jail/ 1500$ *aggravated: up to 2yrs in jail/2500$ fines
Felony
classified from A through D; sexual assault, weapon issues;
*take away right to vote and your weapons (don't trust you)
D: lots of drugs
C: punishment of 10 yrs
B: punishment of 25 yrs
A: jail forever, death
Bill of Rights
first 10 amendments
Eminent Domain
governemtn can take your property for a dedicated public project; need just compensation (price per acre)
protect us from gvmt not from each other
what do amendments protect us from and what do they not protect us from
commerce clause
To regulate commerce with foreign nations, and among the several states
supremacy clause
federal law trumps state laws ex. fed gvmt could shut down weed sales in colorado
1st amendment
freedom of speech
slander
spoken words that arent true about someone
libel
written words that arent true about someone
commercial speech
this can be regulated, sometimes even more than normal speech
somebody has to complain about it in order for something to be done
4th amendment
protect against unreasonable search and seizure
has to be an expectation of privacy though
cant be searched without probable cause
expectation of privacy
cant have this if the bad something is in plain sight
need to have this in order to be protected by the 4th amendment
exclusionary rule
applies to law enforcement
if gvmt is involved in unlawful searching then charges and evidence can be thrown out
blue laws
laws that arent necessarily enforced
5th amendment
protection from taking of eminent domain
also the miranda rights
14th amendment
equal protection
due process - entitled to a fair hearing
substantive due process
laws that infringe upon fundamental personal rights
procedural due process
procedures during a hearing have to be fair
white collar
crime that is usually committed by people from a higher social class
blue collar
crimes that are committed primarily by people who are from a lower social class