Understanding Criminal Law and Ethics: Crimes, Jurisdiction, and Legal Standards - Prof. R, Study notes of Introduction to Business Management

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Ch 1

Intro  Law o What? System of limitations on our actions imposed by the government o Why? For order, safety, predictability, to control our behavior, etc  Theory o Market will correct bad business decisions (it regulates) o Rely on self-regulation o Government intervention if both these fail
Classifications of law  Public v. Private o Public law is relationship between govt and its citizens  Criminal law, civil rights, (United States v. John Doe)  Proceed even if actual victim doesn’t want it to go forward o Private law is legal relationship between individuals  One of the parties must bring the claim forward, no one will do it for you  Contract disputes, divorce  Civil v. Criminal o Civil law – rights, obligations, and duties between individuals, entities and the govt  Job is to make somebody whole again in our system by giving monetary compensation  Injunctive relief – compensation in forms other than money (getting rid of pigs example)  Must be brought forward by you o Criminal law – crimes are wrongs committed against society  Usually has specific victim  Brought forward by local, state, national govt  One of big goals is punishment  Categories of crimes (4)  Violations  Speeding tickets, noise violations  *Misdemeanors (Class A or B)  Crimes punishable by up to 12 months jail time  *Felony (Class A, B, C or D)  Crime punishable by a year or more of jail time  Class D = 1-5 years  Class C = 5-10  Class B = 10-20  Class A = 20+  Treason o Burden of proof  Civil
International Law  Intro o Not bound by any international govt  Custom – something that develops over time and through repeated conduct o Different cultures (can’t look someone in the eye in some countries)  Treaties - Agreement between or among nations on a subject of international law signed by the leaders of those nations and ratified by their governing bodies o Bilateral – treaty between two nations o Multilateral – agreement between several nations o General/universal – most all nations recognize this  Private law – agreements between companies in different countries o Beginning to be recognized by courts  Trade agreements 

Stuff to Know for Exam  Difference in public and private law  Difference in felonies and misdemeanors 01/14/2011
Ch 2

Ethics  Intro
Ethics Defined  Standards o Ethical standards are higher than legal standards o Generally accepted rules of conduct that govern society  Rules o Things you must go by with your conduct
Business Ethics  Three layers o Basic values o Notions of fairness o Social responsibility  Dilemmas - business
Sources of Moral Standards  Actual law (positive law) o Establish moral standards based on whether an activity is moral or not  Natural law o Use common sense  Moral relativism (situational ethics) o Situation we’re in establishes our moral standards  Religious beliefs
Categories of Ethical Dilemmas  Stealing  Lying  Giving false impressions  Buying influence or engaging in a conflict of interest  Taking unfair advantage  Perpetrating interpersonal abuse
***Resolution of Ethical Dilemmas*** Use for paper  *Blanchard and Peale model o Legal?  If no, you’re done, if yes, go on to next step o Balanced?  If no, you’re done, if yes, go on to next step o How does it make me feel?  Front of the Newspaper Test o Ask how a news reporter would phrase the headline in the paper and if you like it  *Laura Nash’s Model o missed question
Types of Courts  Trial court (Lower court) o One judge o Gives us our first decision o Evidence presented and witnesses testify o Sometimes bench trial (court with no jury) o Usually jury’s decision  Appellate court o Review what happened at trial court (appeal it) o 3 judges o Makes sure everything was properly taken care of o Case law comes from here
Decision Making  Judicial review  Error  Statutory interpretation
Stare Decisis (Latin for “let the decision stand”)  Setting precedent  Purpose  Not following o Makes new decisions because things change
Parties in the Court System  Plaintiff/petitioner o Files lawsuit  Defendant/respondent o Plaintiff files suit against them  Lawyers  Judges
KY Court System  District court o Judges are elected o Trial court o Court of limited jurisdiction o What is handled in district court:  Traffic court  Criminal – misdemeanors and violations  Civil - $4000 or less (small claims court)  Probate – takes care of wills and inheritances  Forcible detainers  Domestic violence  Paternity  DN&A – Dependency, neglect, and abuse cases  *Juvenile  Last 4 cases all have family court ties  Circuit Court o Primarily considered a trial court  Can sometimes act as an appellate court and review lower court decisions o General jurisdiction o What circuit court handles:  Civil  Anything above $4000  Criminal  Family  Divorces  Adoptions  TPR’s  Appellate  If you are appealing a district court  Family court o Considered a circuit court o 6-9 o 3 a,b,c  Agree to be part of the lawsuit  Presence in a jurisdiction  Defendant resides in that state/jurisdiction  Minimum contacts  Connection between out of state contact and the jurisdiction you’re in  Long Arm Statutes  Allows a state to reach into another state if needed for jurisdiction
Venue  Geographic location to hear a case  Can ask for a change of venue o If too much bias  Trial court determines if change of venue is proper or not
Standing to Sue  Does plaintiff have significant interest in the outcome of the case? o Is the plaintiff suffering? o Do they need the case?
International Courts  Determines cases between international cases  Been around since 1920’s  Parties agree to be here  15 judges  International Court of Justice


** Know difference in trial and appellate courts
01/14/2011 0 Civil Litigation  Intro  Civil trial processes o Pleadings – documents filed by the parties for the court  Complaint – document filed by plaintiff that starts the lawsuit  Content  Identify the parties  Statement on jurisdiction  Why this court has jurisdiction  Basis of lawsuit  Prayer for relief  What the person following the lawsuit wants o Summons  **Issued by the court clerk  tells defendant they are being sued  brings defendant under jurisdiction of the court o Answer  Default judgment  If the defendant doesn’t respond to the summons, you get what you asked for by default judgment  File an answer  Counter claim  Opening statements  Council for each party will summarize what they’re out to prove  Burden of proof  **Plaintiff has the burden of proof  Civil – preponderance of the evidence  Criminal – beyond reasonable doubt  Defendant’s case  Closing statements  Deliberations and Verdict  Civil – 9/12  Criminal – 12/12  Post trial  Motions  Appeals  Takes case out of trial court and sends it up to appellate court level
Criticisms of legal system  Very expensive  Time it takes for the process to drag out
ADR (Alternative Dispute Resolution)  Intro o Alternative method to court o More informal than courts  Types of ADR o *Arbitration  Panel of arbitrators make a decision  Parties beforehand decide if it will be binding or nonbinding o *Mediation  Very common  Parties meeting with independent third party (mediator)  The mediator listens to each side and tries to facilitate an agreement on both sides  Don’t render a decision themselves  More cost-effective o Medarb  Brings in a third party  Third party tries to act as mediator  If this fails, they become an arbitrator and make decision o Minitrial  Each case if presented to a group of people  Usually highly ranked representatives of each company  Group provides feedback o Rent a judge  Like Judge Judy, Judge Joe Brown o Summary jury trial  Usually for big money cases  Go through mediation/arbitration center  Arrange for a mock jury to come in  Has a retired judge reside over the case  Each side presents to jury  Jury reports findings  Often leads to a settlement
Litigation vs ADR  ADR is faster, cheaper  ADR is more private  ADR has creative remedies


Exam***  100 pts  everything but essays  Ch 1-4  2 bonus questions at 2 pts a piece  be on time   **Supremacy clause  federal constitution and its laws are the supreme laws of the land  Authorizes national debt o Article seven  States that constitution will be established when nine states ratify it
Economic Regulation  Commerce clause o This gives government authority to regulate business  Interstate Commerce  Commerce among two or more states  Intrastate commerce  Within one state  States can have control over there intrastate commerce, but it’s difficult. Easier for federal govt to do it  Federal Govt o Heart of Atlanta Motel  Used power and authority to open public accommodation among all people  Hotel tried to not allow African Americans o Intrastate  California passed a law that made the medical use of marijuana legal o Limitations  Lopez (not too important)  Kid in Arizona who brought gun to school, violated a govt act, charged federally, Supreme Court ruled he cannot be charged federally  Morrison  Woman attacked, Supreme Court says it is best left to states to regulate this  State Govt o Police power  State’s power to pass laws that promote the public welfare, and protect public health and safety  Have a little control over intrastate commerce, try to pass laws to control interstate commerce but rarely works
Bill of Rights  Intro o 1st Amendment  Religion  Establishment  Congress shall make no law establishing a national religion  Free exercise clause  Government cannot control how we worship  Speech  Government cannot regulate the content of our speech  Can control context  Commercial speech  University Speech Codes o 2nd Amendment o 4th Amendment o 5th Amendment  Takings Clause  Eminent Domain  Govt can take your private property for public use (roads, airports, etc)  Physical  Regulatory