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
