Save
Practice questions for this set
Learn 1 /7 Study with Learn
power to review the previous judicial decisions to determine whether the trial
court erred in decisions, concerned primarily with question of law, not
question of fact.
Choose an answer
Business law applicable to HR
1 2 Legal Postivism
managment
3 Criminal Law 4 Appellate Courts
Don't know?
Terms in this set (139)
Business law applicable to agency law, contracts, employment and labor law,
HR managment and employment discrimination
, Regulates disputes between private individuals or
Private law
groups, ex. landlord and tenant
Regulates disputes between individuals and
Public law government, ex. dumping in violation of state or
federal environmental laws.
Delineates the rights and responsibilities implied in
Civil law relationships between persons and between persons
and their government.
Regulates incidents in which someone commits an act
Criminal Law against the public as whole, such as by conducting
insider trading on the stock exchange.
top to bottom: U.S. Constitution, Federal Statues, State
Hierarchy of Laws
Constitution, State Statues, Common Law.
Collection of legal interpretations made by judges
Common Law
and are law unless revoked by new statuory law
past decisions in similar cases that guide later
Precedent decisions thereby providing greater stability and
predictability to the law.
-when courts rely on precedent, they are obeying the
principle of stare decisis ( standing by their decision)
Stare Decisis
- rulings made in higher courts become binding
precedent for lower courts.
Summaries of common law rules in a particular area of
Restatement of the law
the law that have been enacted in most states.
Schools of Jurisprudence
describes certain ethical laws and principals believed
Natural law to be morally right and "above" the laws devised by
humans.
Must abide by duly authorized law, law is distinct from
Legal Postivism
morality.
, Following tradition or custom to shape the law,
Historical School
closely linked with the doctine of stare decisis.
Judges should consider more than just the law, judges
Legal Realism should consider factors such as social and economic
conditions.
Law should yield more benefits than it costs, if so
Cost Benefit Analysis resources saved that can be used to obtain more
goods and services.
the application of ethics to the special problems and
Business Ethics
opportunities experienced by business people
Decision in choosing a method of production,
Business ethics includes
decisions regarding how to compete with competing
(but not limited to)
firms, social responsibilities of firm.
Who decision impacts
WPH Framework for
Purpose of decision
Business Ethics
How to make decision (i.e. Guildlines).
of a firm are the many groups of people affected by
the firms decisions, including but not limited to
-owner/shareholders
-employees
Stakeholders
-customers
-management
-community where the firm operates
-future generations
Values are positive notions that capture our sense of
what is good or desirable. we derive ethics from the
The basic unit of business
interplay of values, values represent understanding of
ethics is value
the purposes we will fulfill by making particular
decisions.
How do we make ethical Golden Rule, Public Disclosure, Universalization Test
business decisions?