27AUG14 Ethics Law Business Decision Making Ethics Ethical Dilemma study of morals and morality right vs wrong ambiguous situations situations that we encounter for which the right choice we often look to law for guidance and the law is not clear or it is unclear how law may not be obvious applies to the situation laws are usually in the gray area usually encounter an ethical dilemma because laws are unclear Recognize and dealing with ethical dilemmas attention discussion thought practice Addressing an ethical dilemma do not use opinions 3SEP14 Addressing Ethical Dilemmas 2 Approaches Teleological approach consequential focus on consequences Deontological approach duty based Utilitarianism discover what is good bad believe through rational intelligence and reason we should be able to what will create the greatest good for the greatest numbers how do we maximize happiness a societal cost benefit analysis what benefits everyone the most at the least cost ex what if every time business was being made you gave a gift since your competitors were giving gifts similar with actual legislatures gathering a lot of information room for debate discussion Shortcomings Knowing the outcomes we cannot know the consequences of a given situation Ex slavery Being on who is worse off the majority rule can screw some people over 8SEP14 Law Criminal Civil 10SEP14 Distinctions between criminal and civil law Two Methods Theoretical Criminal Law harm to society Civil Law harm to individuals Practical Criminal Law Legislated Law Civil Law anything else Other Distinguishing Features The Prosecutor Criminal Law that expresses criminal intent Ex it is a crime felony or misdemeanor Federal State Law statutes Local Law County City ordinances state or federal government Civil Law injured victim Ex person business etc Sanctions Criminal Law punishment and deterrence fines incarceration fines go to the government Civil Law compensation usually in the form of money Burden of Proof Criminal Law beyond a reasonable doubt Civil Law by a preponderance of the evidence Law Procedural Law Criminal Civil Criminal Substantive Law law that governs our daily activities fraud theft bribery embezzlement etc Civil tort law contract law property law agency law etc Complexity of Federalism U S Constitution Establishes the relationship between federal state governments laws We have 50 different states with potentially 50 different rules or variations reasons religion history geography Louisiana does not follow some laws because it was originally French 15SEP14 Appellate Courts an appeal can only be because of an error of law Concurring Opinion agree with the opinion disagree with the reasoning behind it 17SEP14 Model Court System Highest Appellate Court review for error of law Intermediate Appellate Court review for error of law Trial Courts fact finding Kansas Court System Kansas Supreme Court Kansas Court of Appeals District Court s in each county 22SEP14 Jurisdiction the authority of a court to handle a suit Strategic Dispute Resolution Issues sue or be sued analyzing a case for settlement value Subject Matter Jurisdiction authority over the kind of case dispute Federal Courts have very broad subject matter jurisdiction Personal Jurisdiction authority over the parties 24SEP2014 Penzoil vs Texaco biggest judgement court ever recorded 11 12 billion judgement background involved a tort claim tortious Geddy breached contract w Penzoil Texaco met with Geddy to stop giving their assets to Penzoil instead giving them directly to Texaco Texaco moved HQ to New York Texans began to not like Texaco Penzoil decided to bring the case between Penzoil vs Texaco to Texas since Texans do not like Texaco 08OCT2014 Defamation 1 Defamatory Statement harming a person s reputation reputation an accurate representation of character 2 Falseness 3 Communicated to 3rd party often called publication 4 Injury NOT directed at reputation of a person but instead at a product or service Ex Competitors bad mouthing each others products Disparagement Deceit aka Fraud all of the elements need to be proven knowing intent to deceive misrepresentation false statement material fact justifiable reliance causation resulting damage False Imprisonment anyone being deprived of their freedom to move about Shoplifting Example must have probable cause to believe that shoplifting Infliction of Emotional Distress has occured Negligence extreme and outrageous conduct resulting in severe emotional distress presents a lot of risk FOR businesses elements of negligence claim KNOW EACH OF THESE POINTS BELOW A owed duty of care to B A breached that duty B suffered injury A s breach was the proximate cause legal cause of B s injury Strict Liability Product Liability Intentional Torts someone is at fault done intentionally to cause harm to someone else conduct does not conform to conduct of a reasonable person trying to be responsible Negligence Tort Liability is fault based Strict Liability hold someone liable EVEN though they did not do something wrong Traditional Strict Liability abnormally dangerous OR ultra hazardous activity serious potential harm high degree of risk not a very common activity Ex using dynamite and harming someone you are still liable Ex2 using toxic chemicals and harming someone you are still liable negligence regarding condition of real property slip fall suits Traditional approach Negligence Causation Analysis causation directness foreseeability Premises Liability invitees licensees trespassers Minority Approach reasonably safe condition Negligence Per Se negligence beyond doubt Ex drunk driving Res Ipsa Loquitur elements Defendant had exclusive control Harm normally would not occur without negligence Plaintiff had no role in causing this harm Evidence more accessible to the defendant than to the plaintiff Defenses to Negligence Assumption to Risk victim perceives the risk and confronts it Ex seeing an icy patch and running towards it Contributory Negligence Comparative Negligence