B.L. Exam 1

We talked about the Laura Nash model of resolving ethical dilemmas by analyzing the dilemma at hand and asking several questions. A couple of ways that her methods stands out is by:

- asking how did the situation occur in the first place?- asking how can we avoid recurrence of similar issues?

The living document view has the following characteristics:

- creates a strong government- creates a stronger executive branch giving more power to the president- over time, power has shifted from the states to the government in business regulation- creation of a '4th branch of government' (the administrative agencies)

Why do businesses benefit when a dispute is resolved through ADR instead of going through the court process?

- faster resolution- confidentiality of records- less expensive- maintain relationships

The Right to Privacy consists of 2 prongs, what are they?

- right against unreasonable searches and seizures - protection from intrusion from others into our private affairs

Case law is a source of law that plays 3 roles in society, what are they?

- statutory interpretation- creating precedent- establishing a body of common law

When hearing Commerce Clause cases the Supreme Court considers 3 questions, they are:

-what is the meaning of "commerce"?- what is the meaning of "among the several states"?- -does the 10th amendment limit Congress's power here - is this an issue for the states to regulate?

Section __________ of the Sherman Act applies to agreements, conduct, or conspiracies to restrain trade, which can consist of price-fixing, typing, and monopolization.

1

For violation of the Sherman Act, the maximum fine that may be imposed on a natural person is:

1 million

South Carolina is what circuit

4th

Preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

The most important clause in Article 1, Section 8 (delegated powers) which provides Congress the power to regulate business activity is the ____________.

Commerce Clause

The ethical theory that our decisions should avoid the result of only a one-sided benefit:

Kant's Categorical Imperative

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

Jerry was called to jury duty. When voire dire began, Jerry realized teh cases involved his manager at work. Will Jerry remain on the case? Why or why not?

No - Jerry will be "removed for cause" because he won't be able to be "unbiased" or "impartial"

bedrock view

Strict interpretation of the Constitution

Who enacts statutory laws?

US Congress and state legislatures

Who enacts statutory law?

US congress for federal and state legislatures

The _______________ is an example of a Uniform State Law.

Uniform Commercial Code (UCC)

Which famous person is a proponent of the Front Page of the Newspaper Test?

Warren Buffet

divestiture order

a court order to dispose of interests that could lead to a monopoly

Under the Clayton Act, a divestiture order is:

a decision by a court requiring a defendant to sell an enterprise.

The Sherman Act does not prohibit:

a seller from dominating a market because of superior product or business.

After many years of allowing Congress' power under the Commerce Clause to expand, in the case of Lopez vs. the US, the Supreme Court ruled that Congress only has the power to regulate:

action that substantially affects interstate commerce

An Arbitrator:

acts as a judge and makes the decision

courts that review the decisions of lower courts have:

appellate jurisdiction

Some states require ___________ prior to trial in certain cases.

arbitration

Business ethics:

balancing the goal of business profits with the values of society

The legislative branch is ______: senate and house of representatives.

bicameral

A violator of the Sherman Act may be subject to:

both fine and imprisonment

What kind of cases do Common Pleas courts hear?

civil cases

______ is when natural law proponents violate positive law to affect change.

civil disobedience

In South Carolina's state judicial system, our Circuit Court is our court of general jurisdiction and is compromised of what two types of court?

common pleas and general sessions

One of the categories of ethical behavior is loyalty - conduct that compromises an employee's loyalty to the company they work for is called:

conflict of interest

The business stakeholder method (stakeholder analysis) of making a decision:

considers different perspectives of each party that could be affected by the decision

We watched a TEDx talk given by Brooke Deterline of the Heroic Imagination Project in which we learned that __________ is important when faced with an ethical dilemma.

courage

case law

creates precedents, statutory interpretation, establishes common law

What kind of cases do General Sessions courts hear?

criminal matters

Article 1, Section 8 of the US Constitution contains the ________ also known as the ________ which specified what the US government (Congress) can do.

delegated powers; enumerated powers

which of the following is not a role that case law provides society?

establishes civil law

constitutional law

establishes the structure of government

Affectation Doctrine

expanded authority of federal government in regulating interstate commerce

problem with litigation

expensive, time consuming, complex

A manufacturer having a restriction on territories in the form of a sole outlet is a per se violation.

false

A person who is harmed by a conspiracy that violates the Sherman Antitrust Act may sue the wrongdoers for treble damages, which is four times the actual damages.

false

Requiring buyers to purchase one product in order to get another is acceptable practice and not a violation of the Sherman Act.

false

The US is a ________ system of government.

federal

Violators of the Sherman Act may be subject to what type of penalties?

fines or imprisonment or both - it has both civil and criminal penalties

The Bill of Rights provides ______________ to individuals and corporations.

freedom of speech protections

Common Pleas Court is a court of ______ and is more than _____.

general juridiction; 7500

courts with broad authority to hear most controversies in civil and criminal cases

general jurisdiction

The Bill of Rights limits ____________.

government power over individuals

Under the Sherman Act, any person who attempts to monopolize any part of the trade or commerce among the states shall be:

guilty of a felony

Where in the US Constitution is the Commerce Clause included?

in the delegated powers portion

The living document view has been and continues to be predominantly used to _____________.

interpret the meaning of the US Constitution

A Mediator:

is a communication facilitator leaving the decision to the parties

In Arbitration, the decision _________.

is final

In Mediation, the decision _________.

is not final, and the parties can still go to court

Law:

is the order or rules that society establishes to govern the conduct of individuals and relationships among them

What does the UCC do?

it governs the sale and lease of goods in commercial transactions

What does it mean when we have Diversity of Citizenship?

it is a case between citizens of businesses of different states AND the amount in controversy is more than $75k

What does it mean when we have a case that can be heard in federal court because it is a Federal Question?

it is a case where the US is a party or it involves the US Constitution or a federal statute

3 ways to amend constitution

judicial interpretation, practice, constitutional method

Under the principle of__________, the Supreme Court has the power to declare an act of Congress or the President as invalid and unconstitutional.

judicial review

The authority of a court to hear a particular case is _________?

jurisdiction

mater in equity court has no_____ and is a quick_______

jury, resolution

what is law?

law is the order or rules that society establishes to govern the conduct of individuals and the relationships among them

Statuatory laws is created by_____ it has two types which are _____ and _____.

legislative branch; federal and state

municipal court

less than 500

Federal Courts can only hear certain types of matter, so they have _________ authority.

limited

_____ is the authority of a court to hear only particular types of cases.

limited or special jurisdiction

__________ power relates to a firm's ability to control price and exclude competitors.

market

When determining whether a company is engaged in illegal monopolistic behavior, a court will consider the company's ____________ and apply what rule?

market power; and apply the Rule of Reason

Per Se violation:

means that there is no defense and the activity is automatically illegal

Google made the ethical decision based on the circumstances at hand to abide by China's restrictive internet usage laws so that the Chinese people can still benefit from Google, even though these restrictions are unconstitutional by our country's predetermined standards. What theory of ethics is this?

moral relativist

Arbitration is _______ expensive, and mediation is ________ expensive.

more; less

After discovery, either party can file a __________ when there are no material facts in dispute.

motion for summary judgement

Under the Clayton Act, what must 2 or more large companies do if they plan to merge in order to obtain approval?

notify the FTC Antitrust Bureau and the US Department of Justice Antitrust Division

Vertical mergers:

occur between firms that have buyer and seller relationships.

the authority to hear a controversy when it is first brought to court is:

original jurisdiction

What does the 4th amendment protect?

our right against unreasonable searches and seizures

Boycotts and Refusals to Deal are a __________ even if the intention is good.

per se violation

Documents filed in the first part of a court case are called:

pleadings

_____ is a document filed in the initial phase of case.

pleadings

In reference to ethics, law that is created by a government authority is called:

positive law

_____ compliance of law is all that matters.

positive law

The Sherman Act applies to all of the following except:

price discrimination

When businesses and individuals create their own law and guidelines under contractual relationships, the source of law is:

private law

A law that requires hearing before expelled is a _______ law

procedural

The Robinson-Patman Act:

prohibits charging different prices to different buyers when the margin costs are the same.

What does the Commerce Clause do?

provides Congress with the power to regulate business activities

A request that the US Supreme Court order a lower court to send up the record of a case for review by the US Supreme Court is called

request to review

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

In the Tedx Talk, we learned that when faced with an ethical dilemma, we must not give into _________ and experience ________ as a result.

situational pressure; ethical facing

what percent of cases does the us Supreme Court hear?

small percent

A(n)___________ is the power to adopt laws that protect the general welfare, health, safety, and morals of the people.

states police power

Unfair competition is controlled by:

statutes, administrative agencies, administrative regulations

One of the sources is law is ___________.

statutory law

______ means the type of cases a court has the authority to hear

subject matter jurisdiction

A law that establishes a max interest rate is a _____ law because it defines.

substantive

What is a key issue regarding privacy, technology, and laws?

technology evolves much faster than laws can adapt

substantive law

the body of legal rules that defines rights and liabilities

Where specifically do we find the Bill of Rights?

the first 10 amendments of the US Constitution

Dormant Commerce Clause:

the power given to Congress through the Commerce Clause that also affects what laws states can enact and prevents states from burdening interstate commerce - it is a limitation on states' powers

Prohibited Powers

the powers that are denied to the federal government, the state government, or both; also called restricted powers, no ex pose factos

The US federal government is organized as a __________ system.

tripartite

A "suggested retail price" is not a violation of the antitrust laws.

true

A constitution is the written document that establishes the structure of the government and its relationship to the people.

true

Criminal penalties are possible under the Sherman Act.

true

Ethics is a philosophical concept that deals with values related to the nature of human conduct.

true

Moral standards based on positive law may allow businesses to conduct themselves unfairly so long as their actions are not illegal.

true

The Bill of Rights provides freedom of speech protections to individuals and corporations.

true

The United States Supreme Court generally has held that vertical merger agreements should not automatically be condemned as an unlawful restraint of interstate commerce merely because they create the potential to monopolize it.

true

The attorney general of a state may bring a class action suit to recover damages for those injured by an antitrust violation which raised prices.

true

A _________occurs when the seller makes a buyer who wants to purchase one product buy an additional product that he or she does not want.

tying arrangement

All of the following are true about tying, except:

tying prohibits price discrimination.

Utilitarian theorists believe:

we should resolve ethical dilemmas by doing the most good for the most people

Tying:

when the seller makes a buyer, who wants to purchase one product or service, also buy an additional product or service that they may or may not want and prevents them from buying the second item from a competing company

The process used to request the Supreme Court to review a lower court case is called:

writ of certiorari