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Week 2 Business Law
Week 2 Business Law Review
| Term | Definition |
|---|---|
| Business Ethics | balancing the goal of profits with values of individuals and society. |
| Civil Disobedience | the term used when natural law proponents violate positive law. |
| Conflict Of Interest | conduct that compromises an employee’s allegiance to that company. |
| Entitlement Theory | another name for Nozick’s theory that we all have certain rights that must be honored and protected by government. |
| Ethical Egoism | theory of ethics that we should all act in our own self-interest; the Ayn Rand theory that separates guilt from acting in our own self-interest. |
| Ethics | a branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct. |
| Integrity | the adherence to one’s values and principles despite the costs and consequences. |
| Kant's Categorical Imperative | a standard of ethics that requires that we avoid one-sided benefit for us as a result of the conduct or decision. |
| Moral Relativists | those who make decisions based on circumstances and not on the basis of any predefined standards. |
| Natural Law | a system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by man’s rational intelligence. |
| Positive Law | law enacted and codified by governmental authority. |
| Primum Non Nocere | above all, do no harm. |
| Rights Theory | Nozick’s theory of ethics that we all have a set of rights that must be honored and protected by government. |
| Social Contract | the agreement under Locke and Rawls as to what our ethical standards will be. |
| Stakeholder Analysis | the term used when a decision maker views a problem from different perspectives and measures the impact of a decision on various groups. |
| Stakeholders | those who have a stake, or interest, in the activities of a corporation. |
| Theory Of Justice | the Locke and Rawlsian standard for ethics that requires that we all agree on certain universal principles in advance. |
| Utilitarians | theory of ethics based on doing the most good for the most people in making decisions. |
| Bedrock View | a strict constructionist interpretation of a constitution. |
| Bicameral | a two-house form of the legislative branch of government. |
| Commerce Clause | that section of the U.S. Constitution allocating business regulation between federal and state governments. |
| Constitution | a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. |
| Delegated Powers | powers expressly granted the national government by the Constitution. |
| Due Process Clause | a guarantee of protection against the loss of property or rights without the chance to be heard. |
| Executive Branch | the branch of government (e.g., the president) formed to execute the laws. |
| Ex Post Facto Laws | a law making criminal an act that was lawful when done or that increases the penalty when done. Such laws are generally prohibited by constitutional provisions. |
| Federal System | the system of government in which a central government is given power to administer to national concerns while individual states retain the power to administer to local concerns. |
| Judicial Branch | the branch of government (e.g., the courts) formed to interpret the laws. |
| Legislative Branch | the branch of government (e.g., Congress) formed to make the laws. |
| Living-document View | the term used when a constitution is interpreted according to changes in conditions. |
| Police Power | the power to govern; the power to adopt laws for the protection of the public health, welfare, safety, and morals. |
| Preemption | the federal government’s superior regulatory position over state laws on the same subject area. |
| Privileges and Immunities Clause | a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state. |
| Quasi-judicial Proceedings | forms of hearings in which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard. |
| Shared Powers | powers that are held by both state and national governments. |
| Tripartite | three-part division (of government). |