Key Concepts in American Law and Ethics

Sources of American Law

1) US constitution: supreme law. 2) STATUATORY LAW: aka black letter law. statutes or laws passed by Congress/legislatures. 3) CASE LAW: aka common law. court decisions. 4) ADMINISTRATIVE LAW: regulations created by regulatory agencies.

Supreme Source of Law

US constitution

Law

Set of rules we all have to abide by.

Stare Decisis

Let the decision stand, Stand on decided cases.

Branches of Government

Executive - carries out laws (president, cabinet, vice-president). Legislative - makes laws (Congress --> House, Senate). Judicial - evaluates/interprets laws (Supreme Court, Circuit Courts, District Courts).

Law vs. Ethics

LEGAL does not equal ETHICAL. Perfectly legal doesn't mean perfectly ethical.

Citizens United v. Federal Election Comm. (2010)

Controversial due to unlimited spending for campaigning and elections under the first amendment.

The Queen v. Dudley and Stephens (1884)

Case involving a shipwreck where killing the cabin boy to save 3 lives led to reduced sentencing.

False Claims Act / Whistleblower Statute

Allows private parties to sue companies for fraud on behalf of the government.

Utilitarianism

Ethical theory focusing on the greater good for society.

Duty Based Ethics

Deontological (duty-based) ethics that emphasize doing the right thing for its own sake.

Grimshaw V. Ford Motor co.

Case where Ford chose not to recall a defective product based on cost-benefit analysis.

Ethical Fundamentalists

Believe in seeking ethical guidelines from an external source or central figure.

Cost-Benefit Analysis in Corporations

Analyzing business decisions by summing benefits and subtracting costs.

Jurisdiction

Power of a particular court to hear a case and speak the law.

Dual Judicial System

Federal and State court systems.

Appeal

Requesting a higher court to reverse a legal ruling.

State Court

Handles non-federal level issues like property, misdemeanors, wills, and adoption.

Federal Court

Includes US Supreme Court, Court of Appeals, and District Courts dealing with constitutional or federal issues.

Trail Courts

Courts where cases are tried initially, not in appeals courts.

Intermediate Courts

Civil or criminal appeals courts hearing appeals from trial courts.

State Supreme Courts

Courts of last resort for state law issues.

Jurisdiction of the US Supreme Court

Hears appeals from federal circuit courts of appeals and highest state courts under special circumstances.

Cost-Benefit Analysis

Process analyzing business decisions by comparing benefits and costs.

Trial Courts

Courts where cases are initially tried, not appeals courts.

US Supreme Court Jurisdiction

Hears appeals from federal circuit courts and highest state courts.

Federal Question Cases

Cases arising under the US Constitution, treaties, or federal laws.

Diversity of Citizenship Cases

Lawsuits involving citizens of different states or countries.

Service of Process

Serving a summons to establish jurisdiction over a defendant.

Standing to Sue

Requirement for the plaintiff to have a stake in the lawsuit's outcome.

Zippo Mfg. Co. v. Zippo.com, Inc.

Case determining jurisdiction over out-of-state defendants in cyberspace.

Federal Judges vs. State Court Judges

Federal judges nominated by President, confirmed by Senate, hold office for life.

Long-Arm Statute

Allows a state court to assert jurisdiction over nonresidents.

Voir Dire

Process of questioning potential jurors to eliminate bias.

Discovery

Pre-trial process to gather information and evidence.

Mediation

Non-binding process to settle a case with a neutral party's help.

Arbitration

Binding process where an independent arbitrator makes a decision.

Statute of Limitations

Law requiring legal actions to begin within a specified time.

Litigation Process

Legal action taken against a lawbreaker, involving pleadings, discovery, etc.

Default Judgment

Automatic win for plaintiff if defendant fails to respond.

Summons/Complaint

Summons orders defendant to court; complaint initiates lawsuit.

Finder of Fact

Individual or group responsible for evaluating trial evidence and rendering a verdict.