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Common Law
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collection of legal interpretations made by judges
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business Law
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consists of the enforceable rules of conduct that govern commercial relationships
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Constitutional Law
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general limits and powers of these governments as stated in their written constitutions
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Statutory Law
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Assortment of statutes , or rules and regulations put forth by legislators
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Precedent
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past court decisions that guides later decisions (provides greater stability and predictability to law)
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Stare decisis
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Standing by their decision
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Administrative Law
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rules created by administrative agencies
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Administrative Agencies
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governmental bodies created by legislative branch to carry out specific duties
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Source of law
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Constitution, statues, cases , and regulations. They are issued by the 3 branches of gov.
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Ethics
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decisions about what's good or right.
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Business ethics
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applying ethics to special problems/opportunities experienced by businesspeople.
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ethical dilemma
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a problem a firm faces when no clear decision is available
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Social responsibility of business
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expectations the community imposes on firms doing business inside its borders.
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WPH process of ethical decision making
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three-step approach that offers future business managers ethical guidelines that provide a dependable stimulus to ethical reasoning in business context
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W in WPH
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stakeholders (who it effects)
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P in WPH
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Decisions are made in pursuit of purpose
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H in WPH
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Managers need a doable set of guidelines for how to make ethical decisions. THE GOLDEN RULE
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Public disclosure test
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if the public knew about this decision, how would you decide?
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Universalization test
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What would the world be like if our decisions are copied by everyone else.
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Jurisdiction
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a court's authority to hear and decide cases/ a court hearing
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courts of original jurisdiction
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where the case started (trial)
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courts of appellate jurisdiction
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courts that review the decisions of origional courts
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In personam Jurisdiction
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jurisdiction over the person
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Concurrent Jurisdiction
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power shared by federal and state courts to hear certain cases
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Subject Matter Jurisdiction
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the power of a court to make a decision in a particular type of case. ( includes state, exclusive federal, and concurrent federal)
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exclusive jurisdiction
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federal courts system has exclusive jurisdiction over very few cases
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Federalism
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power is divided between the Federal and state governments
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Nerve Center Test
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establishment citizenship of court
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Zippo Test
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the sliding scale is used to determine if enough Ecommerce happened online to determine jurisdiction ( location)
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venue
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Speaks to where a case can be heard
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in rem jurisdiction
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Court jurisdiction over a defendant's property.
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Circuit courts
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Sometimes both original court and appellate
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standing
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a legal rule stating who is authorized to start a lawsuit(you must be affected)
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Threshold Requirements ( requirements to sue)
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standing, case or controversy, and ripeness
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Arbitration
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3rd party to make a decision
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Mediation
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3rd party to try and help to come to an agreement
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Enabling Statutes
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Gives admin agency power to make rules and enforce them
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Enabling Legislation
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specifies the name, functions, and specific powers of new agency.
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Powers of Administrative Agencies
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-Power to create rules and regulations
-power to conduct investigation
-interpret law
-power to conduct investigation
-interpret law
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Executive Agencies
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Units of government under the president, within the executive branch. Focus on social decisions.
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independent agencies
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Governed by board of commissioners , one who is in the chair. President appoints commissioners but they can't be removed except for cause. Fixed terms
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informal rule making
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A type of rule making in which an agency publishes a proposed rule in the Federal Register, with opportunity for public comments
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Formal Rule Making
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A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings, and publication of the final rule if adopted.
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Judicial Review
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To determine if the law is constitutional
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Commerce Clause
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The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries. Article 1 , section 8 , clause 3
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Supremacy Clause
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Federal law is supreme over state law
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police power
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power reserved to the state government to regulate the health, safety, and welfare of its citizens
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7 articles of the constitution
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1.) Legislative Power; 2.) Executive Power; 3.) Judicial Power; 4.) States' Power & Limits; 5.) Process of Amendments; 6.) Federal Powers; 7.) Ratification
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14th Amendment
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Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws- due process clause and equal protection clause, also applies bill of rights to all states.
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How can a federal government come into a state and offer accommodations to everyone?
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They can use the commerce clause/14th amendment to justify foreign desegregation
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1st 10 amendments to the constitution
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Bill of Rights
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right to privacy
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The right to a private personal life free from the intrusion of government. isn't found in constitution but it can be found in the shadows of it.
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Heart of Atlanta Motel v. US
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1964
*A motel operator refused to serve an African American customer
*The SUpreme Court upheld the Civil Rights Act of 1964, which outlawed discrimination in schools, places of work, voting sites, public accommodations, and public areas. Commerce Clause power allows Congress to eliminate acts of private discrimination
*A motel operator refused to serve an African American customer
*The SUpreme Court upheld the Civil Rights Act of 1964, which outlawed discrimination in schools, places of work, voting sites, public accommodations, and public areas. Commerce Clause power allows Congress to eliminate acts of private discrimination