business law chapter 1

morality

Principles concerning the distinction between right and wrong or good and bad behavior, often influencing legal standards and business practices.

ethics

refers to the system of moral principles that govern the behavior of individuals and organizations, defining what is considered right or wrong in various contexts.

justice

The concept of fairness and impartiality in the administration of laws and the protection of rights for individuals and groups.

law

A system of rules that are created and enforced through social or governmental institutions to regulate behavior and maintain order in society.

constitution

a fundamental set of principles or established precedents that outline the structure, functions, and limits of government in a state, ensuring the rights of citizens.

common law

A legal system based on court decisions and precedents rather than statutory laws. Common law evolves through judicial interpretations and rulings.

statute

A written law passed by a legislative body that governs a specific area of law. serve as a primary source of law, typically taking precedence over common law.

administrative law

A branch of law governing the activities of administrative agencies of government. It involves rules, regulations, and decisions created by governmental agencies, often pertaining to regulatory and enforcement functions.

jurisdiction

The authority of a court to hear and decide cases within a specific geographic area or over particular subjects. Jurisdiction determines which court has the power to adjudicate particular matters.

appellate court

A court that hears appeals from lower courts. review the decisions made in trial courts to ensure the law was applied correctly.

alternative dispute resolution (APR)

A process for resolving disputes outside of traditional litigation, often involving methods such as mediation and arbitration to achieve a resolution.

arrest

The act of taking someone into custody by legal authority, often as a result of suspected criminal activity. Arrest typically involves detaining an individual pending further legal proceedings.

bail

The temporary release of an accused person awaiting trial, usually granted in exchange for money or property to ensure their appearance in court.

arraignment

The formal reading of charges against a defendant in a criminal case, during which the defendant is asked to enter a plea. Arraignment is typically one of the first steps in the criminal justice process.

Ethical decisions can be made by applying the greatest good principle, or by following the Golden Rule (always think empathy with the Golden Rule!).

the Golden Rule

treat others how you want to be treated

the 4 ethical character traits

honesty, justice, compassion, and integrity.

Ethics may be subjective. Laws provide an objective standard of behavior.

The U.S. Constitution

consists of seven articles and 27 amendments, enumerates the fundamental rights of citizens, names the functions of the three branches of government, and creates a system of checks and balances.

Common law

a set of laws that provide rules for courts of justice. It is the basis of the U.S. legal system.

Statutory law

the body of laws derived from statutes

Legislatures form regulatory agencies

which have a wide range of powers to create, enforce, and adjudicate rules and procedures.

Jurisdiction

the power and authority given a court to hear a case and make a judgment.

Federal courts are arranged in three levels:

U.S. district courts, U.S. courts of appeals, and the Supreme Court of the United States.

State court systems consist of:

local trial courts, courts of general jurisdiction, appellate, and supreme courts.

examples of reactive Alternate Dispute Resolution (ADR).

Mediation, arbitration, conciliation, and negotiation

In civil court, the plaintiff sues the defendant for a remedy. In a criminal proceeding, the district attorney prosecutes on behalf of the government.

Steps in a civil trial

Jury selection, opening statements, evidence, closing arguments, instructions to the jury, the jury verdict, and the court’s judgment.

Civil Law

Individuals who believe they have been injured bring civil cases, Is enacted to govern the relationships between two individual parties and does not involve the government.

Criminal Law

The government brings criminal cases to court for offenses against the public, Is enacted to protect the public from harm

arrest

An arrest occurs when a person is legally deprived of his or her freedom. Criminal cases often start when the defendant is arrested.

due process

Defendants have the right to due process of law or fair treatment according to established legal principles

Miranda warnings

People must be informed of their constitutional rights when they are arrested.