Law Exam 1
Primum non nocere (Peter Drucker)
"Above all do no harm."
warren buffet
"Contemplating any business act, an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper, there to be read by his spouse, children, and friends. At Salomon we simply want no part of any activities that pass legal tests but that we, as citizens, would find offensive."
Front Page of the Newspaper Test
"Contemplating any business act, an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper, there to be read by his spouse, children, and friends."
Which of the following is a question in Laura Nash's test for ethical behavior? "How did this situation occur in the first place?" "Does it follow industry code?" "Does it follow the company's code of conduct?" "How does it make me feel?"
"How did this situation occur in the first place?"
Laura Nash
(1) Have you defined the problem accurately? (2) How would you define the problem if you stood on the other side of the fence? (3) How did this occur in the first place? (4) To whom and what do you give your loyalties as a person and as a member of the corporation? (5) What is your intention in making this decision? (6) How does this intention compare with the likely results? (7) Whom could your decision or action injure? (8) Can you engage the affected parties in a discussion of the problem before you make your decision? (9) Are you confident that your position will be as valid over a long period of time as it seems now? (10) Could you disclose without qualm your decision or action to your boss, your CEO, the board of directors, your family, or society as a whole? (11) What is the symbolic potential of your action if understood? If misunderstood? (12) Under what conditions would you allow exceptions to your stand?
Methods avoid facing ethical dilemmas
(A) Give examples of different labels. Copyright infringement vs. peer-to-peer file sharing Smoothing earnings vs. cooking the books Lying vs. earnings managementb. List the rationalizations (1) Everybody else does it (2) If we don't do it, someone else will (3) That's the way it has always been done (4) We'll wait until the lawyers tell us it's wrong (5) It doesn't really hurt anyone (6) The system is unfair (7) I was just following orders
mini trial
- Small‑scale trial where parties present case to a judge with experience in the field or to a neutral advisor
summary jury trials
-Summary presentation of case to judge and jury -Gives parties an idea about jury's perceptions -Used after discovery is complete
Steps to Follow for Analyzing an Ethical Dilemma
1. Make sure you have a grasp of all of the facts available. 2. List any information you would like to have but don't and what assumptions you would have to make, if any, in resolving the dilemma. 3. Take each person involved in the dilemma and list the concerns they face or might have. 4. Develop a list of resolutions for the problem. 5. Evaluate the resolutions for costs, legalities, and impact. 6. Make a recommendation on the actions that should be taken.
How many justices are there on the U.S. Supreme Court? 9 3 It d epends on whether the case is being heard en banc 7
9
european court of human rights
: A noncommercial court dealing with disputes over the treatment of a country's citizens.
prima facie case
A case establishing all the necessary elements; without rebuttal evidence from the defendant, entitles the plaintiff to a verdict.
in rem jurisdiction
A method whereby a court obtains jurisdiction by having property or money located within its geographic jurisdiction, provided that the property is the subject of the dispute.
Motion
A party's request to the court for action.
Equitable Remedy
A remedy other than money damages, such as specific performance, injunction, and so on.
Diversity of Citizenship
A requirement for federal court jurisdiction whereby the plaintiff and defendant must be citizens of different states. [Note that the amount in controversy must by $75K or more as well.]
Universal Treaty
A treaty accepted and recognized by all countries.
Mediation
ADR mechanism in which a third party helps the parties come to an agreement that settles a dispute.
Minitrial
ADR method in which the officers of two firms in a dispute listen to the key evidence in a case to see if a settlement can be determined.
Rent-a-judge
ADR method in which the parties hire a former judge and a private hearing room and the judge determine liability.
Censorship
According to the American Civil Liberties Union (ACLU), it is the "Suppression of words, images, or ideas that are "offensive,"
Reverse
Action of an appellate court in changing the decision of a lower court.
Modify
Action of an appellate court when it agrees with the trial court's verdict changes the judgment amount of the remedy.
Enlightened Self-interest School of Social Responsibility
Advises managers to be responsible to shareholders by being responsive to the larger society.
Inherence School of Social Responsibility
Advises managers to serve shareholders and to act only with shareholders' interests in mind.
Which country is not represented among the climbing parties in The Parable of the Sadhu? Swiss New Zealand Japanese US All of these countries are represented among the climbing parties
All of these countries are represented among the climbing parties
Summary Jury Trial
An ADR method in which the parties present a summary of their evidence to a private jury and then agree to abide by their decision or settle, depending on what the jury concludes.
attorney client privilege
An attorney cannot disclose statements or information given by the client.
Work Product
An attorney's thoughts, research, and strategy in a case; nondiscoverable.
What is the difference between binding and non-binding arbitration? Binding arbitration means that the parties have agreed they will not challenge in court the ruling from the arbitration Non-binding arbitration means that the arbitration hearing is not held in a court room. Binding arbitration exists only at the appellate level of the court system. Non-binding arbitration occurs when the court does not have jurisdiction over one of the parties in the arbitration.
Binding arbitration means that the parties have agreed they will not challenge in court the ruling from the arbitration
In the Parable of the Sadhu, who is the lead character and author of the article? The sadhu The author is never named Stephen Bowen McCoy
Bowen McCoy
Class Action Suits
Civil suits by a group of plaintiffs with the same claims.
Contentious Jurisdiction
Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example, UN courts.
early neutral evaluation
Consultant or volunteer gives parties an assessment of the position usually before discovery
Summons
Court order issued to the defendant in a lawsuit that explains the requirement of filing an answer or other response and the time period in which it must be done.
Which of the following is NOT true of criminal laws? Criminal laws are enforced by the actions of private citizens. A violation of a criminal law is a wrong against society. Driving while intoxicated or under the influence of drugs is a criminal wrong. Criminal trials differ procedurally from civil trials.
Criminal laws are enforced by the actions of private citizens.
Who said, "The question is not about business, it's about responsibility." President Clinton Tracy Morrow David Geffen Charlton Heston
David Geffen
Virtue Ethicists (Plato and Aristotle)
Develop virtues and determine conduct by those virtues. virtue ethics requires difinitive rules and fine lines between right and wrong
Request for production
Discovery tool in which one side asks the other side to produce documents relevant to the case.
Request for admissions
Discovery tool in which one side asks the other to admit certain facts in a case.
The Declaration of Independence relied on which ethical school of thought? Ethical Egosim Categorical Imperative Divine Command Utilitarianism
Divine Command
Constitution
Document that contains an individual's basic rights in a society and the structure of the government.
"Toes to the Line" philosophy
Doing no more than what is required under the law while violating the spirit (or intent) of the law.
acts of state doctrine
Each country's governmental actions are not subject to judicial review by the courts in other countries
peer review
Employment dispute method - Company-chosen, employee-chosen and neutral members review employer's actions
specific preformance
Equitable remedy in which party asks for performance of the contract as damages.
injunctions
Equitable remedy in which the courts order or stop a particular activity.
Which school of ethical thought is found in The Fountainhead and Atlas Shrugged? Ethical Egosim Divine Command Categorical Imperative Utilitarianism
Ethical egoism
Rights Theory
Everyone has a set of rights and it is the role of government to enforce those rights.
Rights Theory -Greatest good for the greatest number of people. -Everyone has a set of rights and it is the role of government to enforce those rights. -Ethical standards are based upon religious beliefs. -One ought only to act such that the principle of one's act could become a universal law of human action in a world in which one would hope to live.
Everyone has a set of rights and it is the role of government to enforce those rights.
depositions
Form of discovery in which witnesses or parties can be questioned under oath in recorded testimony outside the courtroom.
federal circuits
Geographic groupings of the federal district courts for purpose of appellate jurisdiction.
Venue
Geographic location of a trial
Utilitarian Theory
Greatest good for the greatest number of people. "Greatest happiness principle"
Stakeholders
Groups of people who are impacted by a company's business decisions including customers, suppliers and the government.
How did Lance Armstrong explain his reasoning for taking steroids? His teammates pressured him into it. It wasn't illegal, so it was allowable. He was pressured to do it by his coaches. He was leveling the playing field.
He was leveling the playing field.
Which statement is correct? Hearsay evidence violates the attorney-client privilege. Hearsay evidence is usually admissible in most cases because gossip is often reliable. Hearsay evidence is usually not admissible because the person giving testimony did not directly observe the activity. Hearsay evidence is usually admissible if there is no other evidence in a lawsuit.
Hearsay evidence is usually not admissible because the person giving testimony did not directly observe the activity.
legal remedy
In common law, a legal remedy consisted of money damages only.
bilateral treaty
In international law, a treaty between 2 nations
Inter-American Court of Human Rights
In international law, the court for resolution of noncommercial issues or the violation of human rights by a particular nation in North or South America.
Blanchard and Peale
Is it legal? Is it balanced? How does it make me feel? author of "the one minute manager" and "the power of ethical thinking"
The video clip of The Social Network that was assigned demonstrated which form of discovery? It was a deposition. It was a request for a restraining order. It was voir dire. It was a request for production.
It was a deposition.
f you decide to submit an appeal of a ruling against you, what will the appellate court do? It will retry the case in its entirety. It will call all of the witnesses from the trial court to testify during the appeal. It will apply the discussion of the rule of law decided in earlier similar cases. It will review whether the law was properly applied and procedure was properly followed by the trial court.
It will review whether the law was properly applied and procedure was properly followed by the trial court.
Jayne Adair, a California resident, fell from the third tier of seats at Wrigley Field while she was attending a Jimmy Buffett concert held there to raise money for the victims of Hurricane Katrina in September 2005. She experienced paralyzing injuries and has hospital bills of $100,000 and the bills from her stay at the rehabilitation center total $76,000 so far. Jayne feels that the railing on the third tier was weak and collapsed when she leaned on it. She wants to bring suit against the Chicago Cubs, the managers of Wrigley Field, and Jimmy Buffett and his manager. The Cubs have their business offices in Chicago, Wrigley Field is managed by a Chicago company, and Jimmy Buffett lives in Margaritaville, off-shore from the United States. Which court would have jurisdiction over Jayne's case? That is, where could she file her suit? Jayne's suit may be brought in federal district court Jayne's suit must be brought in any California court because that is where she lives and is receiving her treatment. Jayne's suit must be brought in Illinois state courts because there is no federal law involved in a personal injury case. Jayne will have to bring the suit in the U.S. Supreme Court because Jimmy Buffett does not live in the United States.
Jayne's suit may be brought in federal district court
Who said, "I don't condone cop killing. [But] to reach a more just and equitable society everybody's voice must be heard." Madonna David Geffen Nicole Miller Jerry of Ben & Jerry's Ice Cream
Jerry of Ben & Jerry's Ice Cream
Which philosopher would start with a tabula rasa and then develop ethical standards? John Rawls Plato Aristotle Robert Nozick
John Rawls
default
Judgment entered when the defendant fails to file an answer or other responsive pleading in a lawsuit.
What is jurisprudence? Jurisprudence is the philosophy of law or wisdom of the law. Jurisprudence is the term for whether a court has jurisdiction. Jurisprudence is the term applied in federal district court cases when there are parties from different states. Jurisprudence is the use of equitable remedies.
Jurisprudence is the philosophy of law or wisdom of the law.
Ordinances
Laws at the city, town, or county level.
statutory laws
Laws that are passed by some governmental entity.
derivative suit
Lawsuit brought on behalf of another through the other's rights; for example, a shareholder suing to enforce a corporation's rights.
Who does Jose Canseco blame for allowing the culture of steroid abuse to develop? the fans. the coaches. Major League Baseball including the team owners and the players' union. the players.
Major League Baseball including the team owners and the players' union
What is the difference between mediation and arbitration? Mediation involves a go-between and no hearing. Arbitration requires that the parties first file suit against each other. Mediation is only used in international cases. Mediation cannot be binding and arbitration can.
Mediation involves a go-between and no hearing.
Interrogatories
Method of discovery in which parties send written questions to each other, with responses that are given under oath.
Which of the following concepts is used along with long arm statutes? Minimum contacts Criminal extradition Federal courts only All of the above
Minimum contacts
reversible error
Mistake made in lower court proceedings that is sufficient in magnitude to change the outcome of a case.
When you make a list of "pros and cons" when you are making an ethical decision that reflect the pressures of the moment, which ethical theory are you practicing? Ethical egoism. Virtue ethics. Moral relativism. Utilitarianism.
Moral relativism.
Shareholders
Owners of shares of stock in a corporation.
Morals Clause
Part of a contract for actors, athletes and others that prohibits private conduct that would subject that person to public ridicule.
Plaintiff
Party filing suit, who is alleging a wrong committed by the defendant.
Defendant
Party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution.
rent a judge
Pay fees for courtroom and judge •Example: "The People's Court" TV show; Judge Judy
What was the issue with the Ice-T Body Count CD? The CD was not selling None of the above The lyrics were obscene People objected because the lyrics suggested killing police officers
People objected because the lyrics suggested killing police officers
Who developed the simple ethical test known as "primum non nocere" (above all do no harm)? Laura Nash Peter Drucker Ayn Rand Albert Carr
Peter drucker
What group sold its Time Warner stock following the Ice-T Body Count CD release? Philadelphia municipal pension fund Madonna NOW NEA
Philadelphia municipal pension fund
answer
Pleading filed by the defendant containing the defendant's version of the basis of the suit.
Counterclaim
Pleading in a lawsuit in which the defendant makes allegations against the plaintiff in response to the plaintiff's complaint.
complaint
Pleading that outlines the plaintiff's allegations against the defendant and the remedies sought.
Steriods
Prescription medication often used illegally to increase the performance of competitive athletes.
discovery
Pretrial process to gather evidence for a case.
Precedent
Prior judicial decisions.
Contractarians and Justice -Ethical standards are based upon religious beliefs. -Putting ethical standards in place by a social contract; using rational thinking, people develop a set of rules for everyone. -Time-and-place ethics; making ethical choices based on the circumstances. -One ought only to act such that the principle of one's act could become a universal law of human action in a world in which one would hope to live.
Putting ethical standards in place by a social contract; using rational thinking, people develop a set of rules for everyone.
Which of the following behaviors do people engage in to avoid analyzing ethical dilemmas? Rationalizing and calling an ethical dilemma by a different name. Contacting an ethical mentor for guidance. Acting with enlightened self-interest. Practicing virtue ethics.
Rationalizing and calling an ethical dilemma by a different name.
Methods avoid facing ethical dilemmas
Re-labeling (copyright infringement vs. peer-to-peer file sharing) and rationalizing.
What is one of the recommendations when you are facing a conflict of interest? Quit your job. Recuse yourself and ask someone else to make the decision because your ability to render an unbiased judgement may be impaired. Do not reveal that you have a conflict of interest under any circumstances. Hope that no one finds out about the issue.
Recuse yourself and ask someone else to make the decision because your ability to render an unbiased judgement may be impaired.
peremptory challenge
Right to strike jurors with or without cause (usually limited in number).
invisible hand school of social responsibility
Role of business is to serve larger society and it does so best when serving shareholders only.
social responsibility school of social responsibility
Role of business is to serve larger society, so it should serve the needs of the larger society.
Which of the following is an example of private law? Rules and regulations landlords post and put into leases. SEC regulations that require stock registrations. Zoning ordinances that control building heights. State constitutions
Rules and regulations landlords post and put into leases.
small claims court
Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and (usually) without attorneys.
Limited Jurisdiction
Specialty courts that have only limited authority over certain types of cases with distinct subjects matter; probate courts have limited jurisdiction over probate matters only.
Minimum Contracts
Standard used for determining in personam jurisdiction over residents outside the state of the court of litigation; nonresident defendants must have some relationship with the state to justify a court taking jurisdiction.
statue of limitations
Statute controlling the time periods in which suits must be brought by plaintiffs.
Long arms statues
Statutes in each state that allow the courts to bring in defendants from outside the state so long as they have some "minimum contact" with the state.
If you are considering downloading songs without a license and without permission from the Internet in violation of copyright laws, your decision falls into which of the categories of ethical dilemmas in your book? Engaging in conflicts of interest. Creating false impressions. Committing interpersonal abuse. Taking things that don't belong to you.
Taking things that don't belong to you.
equity
That portion of the law that originated to give remedies when money damages were not appropriate or adequate.
Pleadings
The complaint, answer, and counterclaim filed in a lawsuit.
Court of Justice of European Communities
The court of dispute settlement for the nations of the European Community.
stare decisis
The doctrine of following or distinguishing precedent from previous court cases. It is Latin term for "Let the decision stand" The principle of adhering to the rule of law from prior decisions.
U.S. Supreme Court
The highest appellate court in the federal system and also the highest appellate court for state appeals.
Common Law
The legal customs from England that were adopted by the courts which are now considered to be judicial precedent in the US.
Verdict
The outcome or decision in a trial.
What is the reason that the parties conduct voir dire? One of the parties can learn about the information that the other party has about the lawsuit. The parties can learn about the background and biases of potential jurors. One of the parties can understand the information that the opposing attorneys have before trial. None of the answer choices are correct.
The parties can learn about the background and biases of potential jurors.
Respondent or Appellee
The party against whom a petition or an appeal is filed
If a defendant fails to answer a complaint that was properly served on the defendant within the required time period, then the plaintiff may do which of the following? The plaintiff may seek a default judgment from the court. The plaintiff may send the defendant to prison. Nothing. The plaintiff may order the defendant to pay attorneys fees.
The plaintiff may seek a default judgment from the court.
What is voir dire? The process of questioning potential jurors for service on a case. Another name for long-arm statutes. Voir dire is cross examination of one of the parties on the witness stand. Voir dire is a motion to direct a verdict.
The process of questioning potential jurors for service on a case.
burden of proof
The responsibility of the party for providing the facts needed to recover in a lawsuit.
party autonomy
The right of parties to determine privately their choice of law.
Civil Law
These are laws affecting the private rights of individuals. They are enforced by the individuals who are harmed. the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Businesses must face social issues because They can affect profits None of the above It is the right thing to do The U.S. constitution requires them to do so
They can affect profits
What was one of the pressures that was present in "The Parable of the Sadhu" that is also an issue when making business decisions? Too much competition. Worrying that you might feel guilty later. Too many resources. Time pressure.
Time pressure, there was time pressure to complete the climb and there are always time pressures in business
Moral Relativists -One ought only to act such that the principle of one's act could become a universal law of human action in a world in which one would hope to live. -Time-and-place ethics; making ethical choices based on the circumstances. -Greatest good for the greatest number of people. -Develop virtues and determine conduct by those virtues.
Time-and-place ethics; making ethical choices based on the circumstances.
Southern California jeans maker, True Religion Apparel, filed and properly served a lawsuit against 282 websites which used such names as TrueReligion4Cheap.com to sell counterfeit True Religion jeans. The jeans maker sought $8.15 million from each defendant. The California court has jurisdiction to hear the case. Which of the following is correct? True Religion could ask the court for a forfeit against any defendants who failed to answer within the stated time limit. Asian website operators are never required file anything with the court to protect their interests. None of the answer choices is correct. True Religion could ask the court for a default judgment against any defendants who failed to answer within the stated time limit.
True Religion could ask the court for a default judgment against any defendants who failed to answer within the stated time limit.
The Food and Drug Administration ("FDA") allows drug companies to sell drugs that benefit the majority of customers although the drug is harmful (or even fatal) to some customers. The FDA is acting ethically under which ethical theory? Moral relativism. Justice theory. Ethical egoism. Utilitarianism.
Utilitarianism.
A recent survey found that 24% of Americans feel that it is always wrong to speed. In which of the following schools of ethical thought would this 24% fit best? Virtue Moral relativists Ethical egoists Utilitarians
Virtue
International Court of Justice
Voluntary court in the international system of law; nonbinding decisions.
Which of the following people is associated with the "Front Page of the Newspaper" test for ethical dilemmas? Laura Nash Ken Blanchard Warren Buffett John Rawls
Warren buffet
Remand
When an appellate court sends a case to the a trial court for retrial or other proceeding as the result of the appellate court's decision.
You are working as an accountant for a prestigious Fortune 500 company. Your boss asked you to change the numbers to meet quarterly earnings estimates and you complied. Now the attorney for the company wants to know about your involvement in the matter. Which statement below is true? You must disclose anything that you know about the matter to investigators. Anything you say about the matter is protected under the doctrine of stare decisis. You should not speak and you should hire your own attorney to protect your interests. Anything you say about the matter is covered by the attorney-client privilege.
You should not speak and you should hire your own attorney to protect your interests.
In which of the following cases would there be federal subject matter jurisdiction? a case in which the Justice Department is prosecuting for criminal violations of RICO, a federal law. a case in which the state attorney general is prosecuting a corporation for violation of state antitrust laws. a case in which an Arizona resident is suing a California company for a refund of $1,000.00. a case in which two Arizona partners are suing each other.
a case in which the Justice Department is prosecuting for criminal violations of RICO, a federal law.
appellate court
a court of review that reviews the trial court proceedings for errors of law and procedure
arbritration
a third party makes a decision that is binding on both parties, judicial or contractual* Binding or nonbinding - ASSUME it is BINDING!
Categories of Ethical Dilemmas
a. Taking things that don't belong to you. b. Saying things you know are not true. c. Giving or allowing false impressions. d. Buying influence or engaging in conflicts of interest. e. Hiding or divulging information. f. Taking unfair advantage. g. Committing acts of personal decadence. h. Perpetrating interpersonal abuse. i. Permitting organizational abuse. j. Violating rules. k. Condoning unethical conduct. l. Balancing ethical dilemmas.
Which of the following business ethicists encourages us to consider our feelings in making our choices in ethical dilemmas? Warren Buffett All of the above Laura Nash Blanchard and Peale
all of the above
The United States Supreme Court in Yates v. U.S. determined that term "tangible object" in the federal statute that prohibits the destruction of evidence relating to federal investigations refers to mammals only. fish and any other aquatic life forms. any tangible object that relates to financial information. documents only.
any tangible object that relates to financial information.
Types of ADR
arbritation, mediation, medarb, minitrial, rent a judge, summary jury trials, early neutral evaluation, peer review, negotiation
concurrent jurisdiction
authority for both state and federal courts to hear and decide cases
Tabula Rasa
blank slate
Divine Command Theory
ethical standards based upon religious beliefs
process servers
individuals licensed by a state to deliver summonses and subpoenas to individuals
in personam jurisdiction
jurisdiction over a person
Alternative Dispute Resolution (ADR)
means other than litigation used to resolve disputes and claims; includes arbitration, mediation, and negotiated settlements.
mediation
neutral facilitator
What happened to the sadhu in the Parable of the Sadhu? None of the above He finished his pilgrimage on his own He hiked with Stephen He died The parties carried him back down to the village for medical care
none of the above because we do not know what happened
Dicta
not precedent, everything in the case that is not rule of law is dicta (dissenting opinions, discussions of the rationale behind rule of law, description of facts)
Categorical Imperative (Immanuel Kant)
one ought only to act such that the principle of ones act could become a universal law of human action in a world which one would hope to live. "Do unto others are you would have them do unto you."
jurisprudence
philosophy of law
binding arbitration
process in which a neutral party hears arguments from two opposing sides and makes a decision that both must accept, arbritation from which there is no judicial appeal
Contractions and Justice
putting ethical standards in place by a social contract; using rational thinking people develop a set of rules for everyone
state regulation
reflects community values but usually only has authority to act in one state.
The Body Shop founder Anita Roddick said that she didn't care about making money; she only cared about making the world a better place. Her company used fair trade ingredients and did not test its products on animals. Into which school of social responsibility would you place Ms. Roddick? Inherence Enlightened self-interest Invisible hand Social responsibility
social responsibility
Federal regulation
some matters are multi-jurisdictional, so to effectively enforce laws, there has to be enforcement without regard to state lines.
medarb
starts as mediation and if the dispute is not resolved, it becomes arbitration.
What event preceded the rampant use of steroids in major league baseball? the baseball players' strike. steroid testing in other sports. the home-run hitting derby betwen Mark McGwire and Sammy Sosa. none of the above.
the baseball players' strike.
trial court
the court where the case is initially presented and witnesses testify.
Appellant (or petitioner)
the party who appeals a lower courts decision
Jurisdiction
the power of a court to settle disputes
Jose Canseco, the author of Juiced, stated that the reason he used steroids was -his teammates suggested that he use them. -they were not illegal, so he would not be punished. -because "everyone else was doing it." -the pressure associated with winning games, pleasing fans and landing a lucrative contract.
the pressure associated with winning games, pleasing fans and landing a lucrative contract.
We are going to be studying the GM ignition switch product liability case this semester. People who were injured in traffic accidents caused by the ignition switch defect must file suit very soon or their lawsuits will be barred by a forum selection clause. the time to answer. improper venue. the statute of limitations.
the statute of limitations.
federal district court
the trial court in the federal court system
One of the benefits inherent in contractual arbitration is that The underlying facts are a matter of public record. the proceedings are public. resolution of arbitration cases are usually slower than in the court system. the underlying facts usually remain private.
the underlying facts usually remain private.
Ethics
the unwritten rules we have developed for our interaction with each other
moral relavists
time-and-place ethics; making ethical choices based on the circumstances.
International Chamber of Commerce
voluntary international court that offers arbitration in international disputes, Voluntary body with uniform rules on commerce and contracts.
Ethical Egoism
we all act in our own self interest and limit our judgements to our own conduct, not the conduct of others
Affirm
when the appellate court upholds the lower courts decision
Criminal Laws
wrongs against society that are enforced by the government
