Chapter 1 Laws and Their Ethical Foundation
Law for Business and Personal Use by John E. Adamson 18th edition
Terms in this set (39)
enforceable rules of conduct in a society, reflect the culture and circumstances that create them.
A group of laws in an organized form.
Stages of Law Evolution
1. personal revenge
2. powerful leader curtails revenge and has individuals accept awards instead.
3. Leader gets overwhelmed and est. courts.
4. Authority acts to prevent a crime from occurring instead of punishing afterwards.
law based on the current standards and customs of the people. It was developed by the English. Decisions usually follow precedent.
Law dictated by a sovereign to prevent disputes and wrongs from occurring in the first place.
It is the power to decide a case. In England the King's courts always had jurisdiction over the baron's courts which handled minor cases.
A panel of citizens selected from a region to help interpret that region's customs for the court.
Courts use prior cases as a guide for deciding similar new cases.
stops something from being done
The king of England created these and gave them the power to issue injunctions or to compel specific actions. In the U.S. today law courts and equity courts generally are merged.
A document that sets forth the framework of a government and its relationship to the people it governs.
This is when constitutions are adopted, or amended, or when courts interpret constitutions.
Occurs between two or more states and is controlled by the federal government.
Occurs within a state's borders and is controlled by the state government.
Laws enacted by legislative representatives elected by the people they represent.
Pieces of legislation created by a town or city council or by a county board or commission.
Usually arises after a trial has ended and one of the parties has appealed the result to a higher court.
Latin for "let the decision stand" and gives case law effectiveness. This doctrine requires lower courts to follow established case law in deciding similar cases.
governmental bodies formed by legislature to carry out particular laws, but usually supervised by the executive branch.
Rules and regulations
administrative laws that an agency is authorized to create, hear cases about, and apply their laws to the situation.
legal rules that are used to determine which statement of the law is superior to the other and should therefore be enforced.
When any type of law is declared invalid by a state or federal court because it conflicts with a constitution.
within the common law system refers to the group of laws that allows individuals to seek legal remedies for wrongs done to them.
private wrongs against people or organizations, also called a civil offense.
an offense against society rather than an individual. It disrupts the stable environment that civilizations depends on to make society work.
Acting in the name of the people, the government investigates an alleged wrongdoing.
sets forth how rights and responsibilities can be legally exercised and enforced through the legal system. An example is stare decisis or supremacy of conflicting laws.
defines the rights and duties through the legal system. It's concerned with all rules of conduct except those involved in enforcement. It often defines offences such as murder, theft, negligence, etc.
covers the rules that apply to business situations and transactions. It is mainly concerned with civil law especially contracts.
Uniform Commercial Code
It is a widely adopted uniform business law that states use to promote interstate commerce.
The practice of deciding what is right or wrong in a reasoned, impartial manner. Typically decisions are made by referring to an established authority.
the idea that the same ethical standards are applied to everyone.
the ethical principles used in make business decisions. They are often neglected because of profit maximization.
A test that has been developed to help in showing right or wrong. You picture everyone doing the action then determine would the result be irrational, illogical, or demeaning?
It is an insurance policy that pays the employer money in the case of theft by employees.
Individuals who do not respect the law at all. They assess the risk of being caught and punished against the benefits they obtain by breaking the law.
The capacity to do what is right in the face of temptation or pressure to do otherwise.
It is an open, peaceful, violation of a law to protest its alleged, or supposed, injustice.