Introduction to Law, Ethics, and Dispute Resolution

Comprehensive practice flashcards covering law, ethics, court procedures, and alternative dispute resolution based on lecture notes.

What does the law define in a society?

The legal rights and duties of the people

What are the fundamental, universal values that govern the difference between right and wrong?

Morals

What is ethics?

The attempt to develop a universal and consistent system of determining the values of society and formulating and applying rules that enforce these values

What do rules of conduct often describe?

Behavior that is encouraged or discouraged

Which type of theory strives to explain how the values permitting society to run smoothly were arrived at?

Prescriptive

What is the goal of utilitarianism?

To determine the greatest good for the greatest number

What are the recommended steps in making a determination under utilitarianism?

State the action in general and unemotional terms, consider good and bad consequences, and identify those impacted

What are rules of conduct established by government to maintain harmony, stability, and justice called?

Law

According to rational ethics, why should all humans have the same values?

Because all humans are rational beings

What are the two functions of ethics in relation to morals?

A way of establishing the morals of a society, and a way to apply and enforce them

What does Weber’s dyad involve?

The ethic of ultimate ends for individuals and the ethic of responsibility for national leaders

What is another name for rules of conduct?

Canons

What do social contract ethics concentrate on?

Each individual’s obligations to everyone else

How is an unstable state defined?

A state in which the government suppresses its own people

How does utilitarianism determine the ethical quality of an action?

By its ultimate effects, where more good results in more ethical behavior

What duty does the doctrine of R2P declare for national leadership?

To protect citizens of every nation from genocide

What is the core assertion of rational ethics regarding human capacity?

Human beings have an innate capacity for rational thought and can determine the nature and application of ethical values

What is Weber’s ethic of ultimate ends often called?

The ethics of benevolence

What is considered the greatest force in the American Industrial State?

The corporation

What is a failed state?

A state that has completely failed

What is an unstable state?

A state that has suppressed its own people

Why do corporations have obligations to individuals under the law?

By being given the status of a legal individual

What does the acronym R2P stand for?

Responsibility to Protect

In the non-traditional view, what factors besides profit can corporate managers consider?

Interests of stakeholders, economic stability of the nation, and economic stability of the state and community

Which philosopher constructed the theory of rational ethics?

Immanuel Kant

What are the primary roles of the law as defined in the notes?

Protector of the environment, guardian of property rights, provider of stability/harmony, and ultimate rule maker

According to Herbert Marcuse, who is affected by corporate power?

No one can escape it, not even former enemies of capitalism

What legal advantages are granted to a corporation?

Limited liability for owners and status as an artificially created person

What is Kropotkin’s argument regarding human nature and society?

Society is dysfunctional because it fails to recognize that human nature is cooperative, not competitive

Traditionally, what was the primary role of a corporation?

To make money for its shareholders

How should the primary objectives of law be balanced?

They should be equally balanced at all times

What is the national law responsible for advancing?

Social justice

According to Anthony Chase, what dualities shape the legal system?

Spirit vs. letter of law, words vs. interpretation, and abstract principles vs. concrete situations

What are the two human forces introduced by Kropotkin?

Energy and justice

Must the test of a constitution be in a single document?

No, it need not be contained in a single document

In the traditional view, why could corporate managers be sued?

For making decisions that hurt the corporation’s profits

Why were the Articles of Confederation created?

To hold together a fragile coalition of states

What three things does the law aim to maintain in society?

Harmony, stability, and justice

Describe the power of eminent domain.

The government confiscating privately owned land for community purposes

Where and when did the American founders gather to revise the Articles of Confederation?

Philadelphia in $1787$

Are dualities essential to the law’s success according to Anthony Chase?

True

What is the fundamental law of a nation?

The constitution

The US Constitution is based on which two principles?

Separation of powers and checks and balances

What was the first constitution of the United States?

The Articles of Confederation

What is preemption?

The process by which courts decide a federal statute takes precedence over a state statute

Who has the authority to issue executive orders?

The president

Where was the Articles of Confederation revision held?

Philadelphia

How should an executive branch subdivision treat a presidential memorandum?

As a suggestion

What is a limitation on the president under interstitial theory?

The president cannot issue executive orders on topics reserved for Congress or the courts

What principle established the federal government's three branches?

Separation of powers

What is the party initiating a lawsuit called?

Plaintiff

What occurs when a state statute conflicts with federal legislation?

Preemption

What are federal statutes?

Laws made by Congress and signed by the President

Which presidential power poses a risk to the separation of powers?

Executive order

What is a compilation of all statutes for a state or federal government called?

Code

What is a memorandum from the president to the executive branch?

A suggestion

What is the central assertion of the interstitial theory of executive power?

The president can act only if actions do not violate the central principle of separation of powers

What must a plaintiff show to have standing to challenge an executive order?

That they will suffer harm

What is the purpose of the Uniform Law Commission (ULC)?

To write model uniform statutes

Who enacts statutes at the state level?

Legislatures

How does the Uniform Commercial Code (UCC) assist parties in commercial transactions?

By defining and clarifying misunderstood business and legal terms for contract preparation

What are groupings of statutes dealing with specific legal areas called?

Titles

What is a presidential memorandum regarded as by an executive subdivision?

Suggestion

What are cyber statutes?

Statutes that regulate commerce on the Internet

What is another name for the Uniform Law Commission (ULC)?

National Conference of Commissioners on Uniform State Laws (NCCUSL)

What is the process of relying on previously recorded legal decisions?

Stare decisis

What is the Uniform Commercial Code (UCC)?

A unified set of statutes designed to govern almost all commercial transactions

When can a court interpret a statute?

Only when faced with a case involving that statute

How does a court make law through judicial review?

By determining the constitutionality of a statute

What is administrative law?

Law consisting of decrees and decisions of federal administrative agencies

What term applies to all transactions on the internet?

Cyber-commerce

What document provides uniformity to state administrative rulemaking?

Model State APA

What is the origin of the common law?

Attempts by early English kings to establish a uniform body of law in courts

What does RFA stand for?

Regulatory Flexibility Act

What is statutory interpretation?

The process by which courts analyze aspects of a statute not anticipated by the legislature

What publication produces daily compilations of federal agency regulations?

Federal Register

What does a court compare during judicial review?

The statute, regulation, or action against the Constitution

What is the Deep State?

A loosely organized group within the bureaucracy that opposes the president

The rules and decisions of federal agencies are known as what?

Administrative law

Who are the four primary parties involved in the courtroom process?

Jury, complainant/defender, advocates, and the judge

What must an agency do under the Model State Administrative Procedures Act before making new regulations?

Notify affected parties and hold hearings for their views

What does the US Constitution authorize regarding the court system?

One Supreme Court and inferior courts established by Congress

What is the goal of the Regulatory Flexibility Act (RFA)?

Protect small businesses from negative effects of new regulations

Define jurisdiction in a court context.

The power of the court to decide a certain kind of case

How often is the Code of Federal Regulations updated?

Annually

What are common names for state trial courts?

Superior courts, circuit courts, or courts of common pleas

What is the ultimate aim of the Deep State?

To remove the president

Why is a civil case usually brought to court?

To enforce a right

Who usually resolves a court dispute?

A judge or jury

How does a plaintiff begin a lawsuit?

By filing a complaint in a trial court of general jurisdiction

Does the US Constitution authorize the creation of the federal court system?

True

What three things must a summons include?

Identification of the court, description of the lawsuit nature, and demand for a timely answer

What refers to the authority of a court to decide certain types of cases?

Jurisdiction

What is a demurrer?

A pre-answer motion to dismiss because the plaintiff failed to state a claim for which relief can be granted

State municipal courts hearing claims under $10,000$ are called what?

Courts of limited jurisdiction

What is an affirmative defense?

A defense claiming a defendant is not responsible even if the plaintiff proves the facts in the complaint

What is the purpose of a civil lawsuit?

To seek monetary damages

What is the purpose of discovery, and what are its types?

To obtain info for resolution; types include interrogatories, physical/mental exams, depositions, real evidence, and admissions

How is a civil lawsuit initiated?

A plaintiff files a complaint against a defendant

In a jury trial, is the judge's role secondary to the jury's?

Yes