Exam 1- ASU LES 305

act of state doctrine

each country's government actions are not subject to judicial review by the courts in other countries

Affirm

When the appellate court upholds the lower court's decision.

Alternative Dispute Resolution (ADR)

Means other than litigation used to resolve disputes and claims; includes arbitration, mediation, and negotiated settlements.

Answer

Pleading filed by the defendant containing the defendant's version of the basis of the suit.

appellant or petitioner

The party who appeals a lower court's decision.

appellate court

A court of review that reviews the trial court proceedings for errors of law and procedure.

Attorney-Client Privilege

An attorney cannot disclose statements or information given by the client.

behavioral ethics

Draws upon behavioral psychology, cognitive science, biology, and sociology to help us understand how people make ethical decisions.

bilateral treaty

In international law, a treaty between two nations

binding arbitration

Arbitration from which there is no judicial appeal.

Blanchard and Peale

Is it legal? Is it balanced? How does it make me feel?

Bounded ethicality

Internal and external pressures such as cognitive biases, organizational, and social pressures often impair our ability to make good ethical decisions. For example, we like to conform to what our peers are doing to feel accepted to them. We might also favor ourselves over others when we make ethical choices.

Burden of proof

The responsibility of the party for providing the facts needed to recover in a lawsuit.

Categorical Imperative (Kant)

Our 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.

censorship

According to the American Civil Liberties Union (ACLU), it is the "Suppression of words, images, or ideas that are "offensive,"

Civil Law

these are laws affecting the private rights of individuals. They are enforced by the individuals who are harmed.

class action suits

Civil suits by a group of plaintiffs with the same claims.

Common Law

the legal customs from England that were adopted by the courts which are now considered to be judicial precedent in the US

complaint

Pleading that outlines the plaintiff's allegations against the defendant and the remedies sought.

concurrent jurisdiction

Authority of more than one court to hear a case.

Constituion

document that contains an individuals basic rights in a society and the structure of the government

Contentious Jurisdiction

Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example, UN courts.

Counter claim

pleading in a lawsuit in which the defendant makes allegations against the plaintiff in response to the plaintiffs complaint

Communities

the court of dispute settlement for the nations of the european community.

Criminal Laws

Wrongs against society that are enforced by the government.

Default

Judgment entered when the defendant fails to file an answer or other responsive pleading in a lawsuit.

Defendant

Party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution.

Depositions

Form of discovery in which witnesses or parties can be questioned under oath in recorded testimony outside the courtroom.

derivative suit

Lawsuit brought on behalf of another through the other's rights; for example, a shareholder suing to enforce a corporation's rights.

dicta

the discussion of the rule of law

discovery

Pretrial process to gather evidence for a case.

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.]

Divine Command Theory

Ethical standards are based upon religious beliefs.

Enlightened self interest school ofSocial Responsibility

advises managers to be responsible to shareholders by being responsive to the larger society

Equitable Remedy

A remedy other than money damages, such as specific performance, injunction, and so on.

equity

the portion of the law that originated to give remedies when money damages were not appropriate or adequate

ethical egoism

We all act in our own self-interest and limit our judgments to our own conduct, not the conduct of others.

ethics

the unwritten rules we have developed for our interaction with each other

European Court of Human Rights

a non commercial court dealing with disputes over the treatment of a country's citizens

federal circuits

Geographic groupings of the federal district courts for purpose of appellate jurisdiction.

Federal Disctrict Courts

the trial court of the federal system

forum selection clause

stipulates that if litigation is required, a particular in a particular state will have jurisdiction over the parties to the case

framing

the tendency for people to view a situation in a manner that will affect their understanding of the facts and influence how they make ethical decisions

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."

in personam jurisdiction

jurisdiction over the person

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.

Incrementalism

every large accounting scandal begins with the first time someone falsifies an accounting entry

Inherence School of Social Responsibility

Advises managers to serve shareholders and to act only with shareholders' interests in mind.

injuction

equitable remedy in which courts order someone to stop a particular activity

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.

international chamber of commerce(IC)

Voluntary body with uniform rules on commerce and contracts

International Court of Justice (ICJ)

Voluntary court in the international system of law; nonbinding decisions.

Interrogatories

Method of discovery in which parties send written questions to each other, with responses that are given under oath.

invisible hand school of social responsibility

Role of business is to serve larger society and it does so best when serving shareholders only.

Jurisdiction

power of a court to settle disputes

jurisprudence

philosophy of law

legal remedy

In common law, a _________consisted of money damages only.

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.

long arm statues

statues in each state that allow the courts to bring in defendants from outside the state so long as they have some "minimum contract" within the state

loss aversion

people tend to dislike losing more than they like winning. This may cause people to lie when they make a mistake and want to cover it up to avoid harm to their reputations

Mediation

ADR mechanism in which a third party helps the parties come to an agreement that settles a dispute.

Methods avoid facing ethical dilemmas

Relabeling (copyright infringement vs peer to peer file sharing and rationalizing

Minimum Contacts

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.

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.

modify

Action of an appellate court when it agrees with the trial court's verdict changes the judgment amount of the remedy.

moral relativist

Time-and-place ethics; making ethical choices based on the circumstances.

Morals Clause

part of a contact for actors, athletes, and others that prohibits private conduct that would subject that person to public ridicule

motion

a party's request to the court for action

ordinances

Laws at the city, town, or county level.

overconfidence bias

false belief that we are smarter, more talented, or more skilled than others. This comes into play with conflicts of interests and other problems because we think that our judgement will not overcome by an incentive. Example: I won't be swayed by an incentive because I am more ethical than others, so my judgement won't be swayed.

Party autonomy

The right of parties to determine privately their choice of law.

peremptory challenge

Right to strike jurors with or without cause (usually limited in number).

Plantiff

party filing suit, who is alleging a wrong committed by the defendant

pleadings

The complaint, answer, and counterclaim filed in a lawsuit.

Precendent

prior judicial decision

prima facie case

A case establishing all the necessary elements; without rebuttal evidence from the defendant, entitles the plaintiff to a verdict.

Primum non nocere

"Above all, do no harm"

process servers

Individuals licensed by a state to deliver summonses and subpoenas to individuals.

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.

rent-a-judge

ADR method in which the parties hire a former judge and a private hearing room and the judge determine liability.

request for admissions

discovery tool in which one side asks the other to admit certain facts in a case

request for production

Discovery tool in which one side asks the other side to produce documents relevant to the case.

Respondent (or Appellee)

The party against whom a petition or an appeal is filed.

reverse

Action of an appellate court in changing the decision of a lower court.

reversible error

Mistake made in lower court proceedings that is sufficient in magnitude to change the outcome of a case.

Rights Theory

Everyone has a set of rights and it is the role of government to enforce those rights.

Rule of Law

legal principle adopted by a court that others within the jurisdiction must follow

self-serving bias

gathering and processing information in a manner that serves our self-interest and protects our egos. This clouds of ethical judgment

shareholders

Owners of shares of stock in a corporation.

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.

social responsibility school of social responsibility

role of business is to serve larger society, so it should serve the needs of the larger society

specific performance

Equitable remedy in which party asks for performance of the contract as damages.

Stakeholders

Groups of people who are impacted by a company's business decisions including customers, suppliers and the government.

stare decisis

the doctrine of following or distinguishing precent from previous court cases. It is latin for "let the decision stand"

State decisis

the principle adhering to the rule of law from prior decisions

statue of limitations

statue controlling the time periods in which suits must be brought by plaintiffs

Statutory Law

laws that are passed by some governmental entity

Sterroids

prescription medication often used illegally to increase the performance of competitive athletes

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.

summons

court ordered issued to the defendant in a lawsuit that explains the requirements of filing an answer or other response and the time period in which it must be done