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LGS 200 Exam 1(ruth ann hall) Questions And Answers.
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LGS 200 Exam 1(ruth ann hall) Questions And Answers.
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LGS 200 Exam 1(ruth ann hall) Questions And Answers.What are the 4 sources of the American Law?
Where do they come from? Answer- 1) US constitution: supreme law.
2) STATUATORY LAW: aka black letter law. statutes or laws passed by Congress/legislatures. we know the consequences of breaking them.
3) CASE LAW: aka common law. court decisions.
4)ADMINISTRATIVE LAW: regulations created by regulatory agencies, micromanage specific areas.
which source of law is Supreme? Answer- US constituion
What is law? Answer- **set of rules we all have to abide by**
-laws need to be flexible-society changes.
What is stare decisis? Answer- let the decision stand, Stand on decided cases
What are the branches of government and what do they do? Answer- Executive - carries out laws (president, cabinet, vice-president)
Legislative - makes laws (Congress --> House, Senate)
Judicial - evaluates/interprets laws (Supreme Court, Circuit Courts, District Courts) **vehicle for change!!*
Describe how law and ethics differ Answer- -What is the morally right thing to do?
-LEGAL does not equal ETHICAL
Perfectly legal doenst mean perfectly ethical.
Citizens United v. Federal Election Comm. (2010) Why is it so controversial? Answer- -Unlimited spending: spend as much money as they want for campaigning and elections (used to be a cap, now there is none)
~first amendment: free speech
The Queen v. Dudley and Stephens (1884) Answer- was there a defense of the necessity? Ship wreck kill the cabin boy to save 3 lifes. Sentence was brought down to 6 months instead of death
False Claims Act / Whistleblower Statute Answer- Under the False Claims Act, private parties can sue companies for fraud on behalf of the government.
Couto worked for Bayer as an executive and disclosed that Bayer kept $97 million from Medicaid by using a discounted private labeling program for Kaiser and other health companies, when they threatened to buy Cipro elsewhere.
Bayer did not give the same discount price to the government. Couto, age 39, blew the whistle on Bayer and died of pancreatic cancer 3 months prior to the settlement. His estate was awarded $34 million, which went to his 3 children.
Utilitarianism Answer- greater good for society
Duty Based Ethics Answer- Deontological (duty-based) ethics are concerned with what people do, not with the consequences of their actions.
Do the right thing.
Do it because it's the right thing to do.
Don't do wrong things.
Avoid them because they are wrong.
Under this form of ethics you can't justify an action by showing that it produced good consequences, which is why it's sometimes called 'non-Consequentialist'
Grimshaw V. Ford Motor co. Answer- Ford was aware of defects in the Pinto, however, they used a cost-benefit analysis to decide whether to recall the Pinto and fix the defects. It was cheaper to allow drivers to crash and burn. Cheaper to let people die
What do ethical fundamentalists believe? Answer- Persons look to an outside source (bilbe etc.) or a central figure for ethical guidelines.
Describe how corporations use the cost-benefit analysis. Answer- A process by which business decisions are analyzed. The benefits of a given situation or business-related action are summed and then the costs associated with taking that action are subtracted. (Grimshaw V. Ford Motor co)
What is jurisdiction and Federal jurisdiction and how do you get it? Answer- Jurisdiction-power of a particular court to hear a case / speak the law
-Deal with constitutional issues or federal questioning.
-at least $75,000 controversy OR complete diversity of citizenship
Dual Judicial System Answer- FEDERAL and STATE court system
The appeal Answer- to ask a higher court to reverse the decision of a trial court after
final judgment or other legal ruling.
State Court Answer- Judge only district
District Courts
Circuit courts
court of appeals (civil and criminal)
Supreme Court of State
deal with: property, misdemeanors, wills, adoption, ect. non federal level issues.
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