legal business

Spoliation

Altering, destroying, or failing to preserve evidence.

Discoverable information in litigation

Information that is relevant to the case.

Judicial review of arbitration decisions

Limited review by courts compared to extensive trial court review on appeal.

Relationship between federal and state trial courts

They are separate court systems rather than one being superior to the other.

Record on appeal

The official documentation and transcripts sent to an appellate court when a case is appealed.

Primary method for maintaining an ethical workplace

Management setting standards and expectations for ethical behavior.

Relationship between ethics and legislation

Congress may pass laws directly based on ethical concerns.

Peremptory challenge

A request to remove a potential juror without giving a reason.

Key advantage of mediation for ongoing business partners

It is less adversarial than litigation, helping preserve business relationships.

Duty-based ethics

The ethical belief that every business or individual has fundamental duties to others.

Capability of electronic discovery

It can reveal facts and metadata unavailable through traditional paper discovery methods.

Lowest ethical level for a business

Merely complying with the law (moral minimum).

Inquiry step in the IDDR approach

Identifying and understanding the ethical issue at hand.

Motion for judgment as a matter of law

A request arguing that no reasonable jury could find for the opposing party based on the evidence.

Company code of conduct

A document that outlines company policies and expected employee behavior.

Role of multiple ethical theories in the IDDR approach

Analyzing an issue using multiple ethical perspectives to ensure a comprehensive evaluation.

Law applied by federal courts in federal question cases

Federal law.

Core principle of rights theory

Protecting and respecting the rights of others.

Requirement for appealing a court decision

A party must have valid legal grounds to appeal.

Consequence of an arbitrator improperly meeting with one party ex parte

A court may set aside the arbitration award.

Primary factor determining the effectiveness of an industry code of ethics

The commitment of its members to enforce it.

Appellate court authority over factual findings

An appellate court can overturn findings of fact if they are clearly erroneous.

Original jurisdiction

A court's authority to hear and decide a case for the first time.

Judicial review

A court's power to determine the constitutionality of laws and executive actions.

Timing for a motion to dismiss

Filed by a defendant when the plaintiff's complaint fails to state a facts-based legal claim.

Voir dire

The jury selection process where attorneys and judges question potential jurors.

In rem jurisdiction

Jurisdiction over real or personal property located within a state's borders.

Minimum-contacts test

The legal standard allowing a state court to exercise personal jurisdiction over an out-of-state defendant.

Default judgment

A judgment entered against a defendant who fails to respond to a properly served complaint.

Outcome-based (utilitarian) ethics

An ethical theory that relies on a cost-benefit analysis to achieve the greatest good for the greatest number.

Effect of targeting out-of-state customers on jurisdiction

It often creates minimum contacts sufficient for a state court to assert jurisdiction.

Law applied in federal diversity cases

State substantive law.

Direct examination

The initial questioning of a witness by the party who called them to the stand.

Business issue least likely to involve ethical concerns

Procedural protocols for standard company meetings.

Influence of available remedies on court selection

Different legal or equitable remedies can dictate whether a case is filed in state or federal court.

Primary focus of an appellate court

Legal interpretation and errors of law rather than fact-finding.

Reason for limited jurisdiction in federal courts

The federal government is one of limited, enumerated powers under the Constitution.

Importance of religious principles to global businesses

They heavily influence ethical expectations and cultural business norms.

Expression of duty-based ethics in corporations

Through corporate mission statements and strategic plans.

Appealing online dispute resolution (ODR) outcomes

Parties can appeal ODR outcomes under certain circumstances or agreements.

Goal of utilitarian ethics

To maximize overall good, producing the greatest good for the greatest number of people.

Jurisdiction

The statutory or constitutional authority of a court to hear and decide a case.

Standard burden of proof in civil cases

Preponderance of the evidence.

Enforceability of court judgments

Judgments are not always easily enforceable, especially if the debtor lacks assets.

Strategic value of jury selection

It is a crucial litigation strategy for assembling an unbiased panel favorable to the case.

Main challenge of legal compliance for multinational corporations

Laws and regulations vary significantly across different national jurisdictions.

Potential for abuse of expert testimony

Expert witness testimony can be misused or biased to sway a jury.

Distinction between a code of conduct and law

A code of conduct is an internal company policy, not a legally binding statute or common law.

Motion for a new trial

A post-trial request asking the judge to set aside the verdict and hold a new trial due to error or unfairness.

Corporate social responsibility (CSR)

The concept of integrating responsible corporate citizenship and societal impact into business strategy.

Court review of arbitration awards

Courts will only review or set aside arbitration awards under strict, limited statutory circumstances.

Reason appellate courts defer to trial court fact-finding

Trial courts directly observe witness testimony, demeanor, and credibility during trial.

Enforceability of mandatory arbitration clauses

They are generally enforceable because parties contractually waive their right to litigate in court.

Appeal by a prevailing party

A prevailing party may appeal if they are dissatisfied with a specific portion or remedy of the judgment.

Role of neutral third parties in negotiation

Negotiation does not require a neutral third party, unlike mediation or arbitration.

Motion to strike

A motion requesting the court to remove redundant, immaterial, or improper matter from pleadings.

Function of requests for admission

They shorten trial length by establishing non-disputed facts before trial begins.

Element of legal standing

Demonstrating that a favorable court decision is likely to redress or remedy the injury.

Limits on social media policies

Companies cannot legally prohibit all employee criticism on social media due to labor rights protections.

Rationalizing an ethical decision

Attempting to justify a decision after it was already made for non-ethical or self-serving reasons.

Importance of honesty in business ethics

Honesty is a fundamental ethical requirement across all corporate actions and decisions.

Settlement timing

Parties may attempt to settle a legal dispute at any point, even after litigation has commenced.

Unique evidence found in electronic discovery

Metadata, such as file creation dates, author info, and modification history.

Final authority on questions of state law

The highest court of that specific state.

Factor that does NOT limit subject-matter jurisdiction

A court's prior experience in deciding similar cases.

Key distinction of arbitration vs. other ADR methods

The neutral third party renders a binding decision (award).

Appellate court affirmation

An appellate ruling that agrees with and upholds the lower court's judgment.

Triple bottom line

A framework measuring corporate performance based on social, environmental, and financial outcomes.

Judicial review of executive orders

Courts possess the constitutional power to review and invalidate unlawful executive orders.

Trial use of depositions

To impeach a witness whose trial testimony contradicts their previous sworn deposition statement.

Ethical evaluation of legally compliant but harmful practices

Conduct can be legal yet unethical, such as using untested methods that lead to harm or death.

Post-decision evaluation in ethics

Decision-makers should monitor and evaluate the real-world results of their ethical choices.

Primary tools of civil discovery

Depositions, interrogatories, requests for admission, and requests for production of documents.

Primary driver of ethics code effectiveness

Leadership's active commitment to enforcing the code's standards.

Stakeholder view vs. shareholder view

The stakeholder view considers all affected groups, rather than prioritizing shareholders above all else.

Ensuring foreign supplier ethical compliance

Routinely monitoring and auditing overseas supplier facilities and labor conditions.

Client obligations in lost contingency-fee cases

The losing client typically pays out-of-pocket case expenses, but no attorney fees.

Appellate review of summary judgment rulings

Appellate courts review summary judgment rulings de novo (independently, without deference).

Selling undeveloped ideas ethically and legally

It is ethical and legal as long as the potential and current status are honestly represented.

Reason for ambiguity in legal application

Laws are products of political compromise and legislative drafting processes.

Deposition

Sworn out-of-court oral testimony recorded by a court reporter prior to trial.

Primary source of duty-based ethical standards

Philosophical reasoning and religious tenets.

Jurisdictional scope of state trial courts

General jurisdiction, allowing them to hear a broad variety of civil and criminal cases.

Relationship between legality and ethics

Legal conduct is not always ethical; law represents the moral minimum.

Rationalization

Justifying a decision with convenient reasons rather than analyzing it objectively.

Importance of preserving electronic evidence

Failing to preserve electronic records (spoliation) can result in legal sanctions or default judgments.

Preliminary jury verdicts

Juries do not render preliminary verdicts before trial begins.

Effect of waiving service of process

Waiving service does not increase liability or damages; it merely saves costs and time.

Standard for court-compelled arbitration

A court will compel arbitration if a valid agreement to arbitrate exists between the parties.

Financial factors in ethical business decisions

Businesses should evaluate financial impact along with ethical considerations.

Directed verdict timing

A directed verdict can end a case before the defense presents witnesses if the plaintiff failed to establish a prima facie case.

Motion to dismiss

A defense motion asserting that the plaintiff's complaint fails to state a cause of action upon which relief can be granted.

Ethical criterion under rights theory

A decision is ethical if it respects and protects fundamental human rights.

Arbitration as ADR

Arbitration is a formal type of alternative dispute resolution (ADR).

Requirement for answering interrogatories

Interrogatories must be answered in writing, under oath, truthfully, and in good faith.

Methods for resolving commercial disputes

Direct negotiation/settlement, alternative dispute resolution (ADR), or court litigation.

Misconception of judicial review

Judicial review is the power to declare acts unconstitutional, not Senate approval of judicial nominees.

Shareholder theory of business

The corporate theory holding that a business's primary duty is to maximize profits for its shareholders.

Corporate jurisdiction across states

Corporations are not automatically subject to personal jurisdiction in every state without minimum contacts.