Cengage Mindtap Assignments
Complete Cengage Mindtap Assignments
Brief Hypotheticals – Chapter 1
Legal Reasoning – Chapter 1
Brief Hypotheticals – Chapter 2
Legal Reasoning – Chapter 2
Jennings, M. MindTap Business Law for Jennings’ Business: Its Legal, Ethical & Global Environment (11th ed.) Cengage Online. ISBN: 9781337103619
follow directions Mindtap cengage
Chapter 1
Introduction to Law
Its Legal, Ethical, and
Global Environment
Marianne M. Jennings
Business
11th Ed.
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Definition of Law
Aristotle
Law is reason unaffected by desire
Holmes
Law embodies the story of a nation’s development through many centuries
Blackstone
That rule of action which is prescribed by some superior and which the inferior is bound to obey
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Definition of Law
Black’s Law Dictionary
A body of rules of action or conduct prescribed by the controlling authority, and having legal binding force
Rules Enacted By a Government Authority That Govern Individuals and Relationships in Society
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Classifications of Law
Public Law
Enacted by some authorized government body. Example: federal securities laws
Private Law
Enacted by private individuals
Example: the terms of a lease agreement
Example: employment agreement
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Classifications of Law
Criminal versus Civil Laws
Criminal laws are wrongs against society
Civil laws are wrongs against individuals
Substantive versus Procedural Laws
Substantive: Gives rights and responsibilities
Procedural: Means or procedures for enforcing substantive rights
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Classifications of Law
Common Law
Began in England in 1066 and continues today
Non-statutory law
Exists in court decisions
Following case precedent, or stare decisis, “let the decision stand”
Statutory Law
Passed by governmental body
Also known as Codified Law
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Classifications of Law
Law versus Equity
In common law England, remedies were separated into legal and equitable remedies
Legal = money
Equitable = injunctions, specific performance
Remedies were separated so that courts of chancery could give remedies when courts of law could not
Today all courts are authorized to award legal or equitable remedies
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Purposes of Law
Keeping Order
Influencing Conduct
Honoring Expectations
Promoting Equality
Law as the Great Compromiser
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Characteristics of Law
Flexibility
Examples: the Internet has required the courts to revisit when a contract acceptance occurs
Consistency
Example: allows businesses to rely on law for planning
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Pervasiveness
Example: laws covering formation, operation and dissolution of corporations do not unduly interfere with management flexibility
Characteristics of Law
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Case
Case 1.1 Yates v. U.S. (2015)
Statutory interpretation: Does a statute that prohibits destruction of documents and tangible objects cover fish?
Consider 1.2 U.S. v. Katakis (2015)
Statutory interpretation: Is it obstruction if you have a program on your computer that clears out your e-mail?
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Theory of Law: Jurisprudence
Incorporation of Theories or Values Into Definition of Law
Natural Law: Inviolate principles, regardless of laws – human rights
Holmes: “The life of the law … has been experience”
The Social Contract: Law reflects the desires of society for interaction
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Sources of Law
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Constitutional Law
Exists at federal and state level
Establishes government structure
Establishes individual rights
Sources of Law
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Statutory Law at the Federal Level
Enactments of Congress
United States Code. Citation = (e.g., 15 U.S.C. § 77)
Executive orders
Presidential orders
Administrative agency regulations
Code of Federal Regulations. Cite or citation = C.F.R. (e.g., 12 C.F.R. § 226)
Sources of Law
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State Laws
Enactments of state legislatures
State Codes
Cite = Nevada Revised Statutes – N.R.S.
State administrative agency regulations
Local Laws
Ordinances
County or city statutes
Sources of Law
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Private Laws
Contracts
Leases
Employer regulations
Court Decisions
Language in statute unclear
Court provides interpretation or clarification of law
Sources of Law
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Sources
Custom (Country-by-Country)
Treaties
Bilateral − between two nations
Multilateral − among three or more nations
Geneva Convention − prisoners of war
Vienna Convention − diplomatic relations
Warsaw Convention − air travel
International Law
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Private Law or Party Autonomy
International Organizations (U.N.)
Act of State Doctrine
Expropriation
Confiscation or nationalization: taking of private property by a government
International Law
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Trade Laws and Policies
Tariffs
Treaties, e.g., GATT, NAFTA
Uniform International Laws
Contracts for the International Sale of Goods (CISG)
Similar to Article 2 of the Uniform Commercial Code (UCC)
International Law
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The European Union (EU)
Group of countries in continental Europe
Aiming for barrier-free trade; uniform laws; ease in transaction negotiations and execution
Uniformity in currency, job safety, immigration, customs, licensing, and taxation
International Law
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Chapter 2
Business Ethics and
Social Responsibility
Its Legal, Ethical, and
Global Environment
Marianne M. Jennings
Business
11th Ed.
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
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Examples:
Underinflated football issue in the NFL
Turing increases drug price by 5000%
Uber’s billing policies
Definition: normative standards, generally accepted rules of conduct that govern society
What Is Ethics?
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What Is Ethics?
What is “fair”?
What if something “just doesn’t seem right” or “That’s just not fair”?
Discuss seeing two movies for the price of one
Disclosing your salary cut after the loan application is submitted
Telling the clerk you received too much change
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Normative Standards
Normative Standards
How we behave, on average
How we treat each other
Expectations on contracts beyond legal interpretation
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Normative Standards
Applying Standards of Ethical Reasoning to Business Dilemmas
Ethical standard is established
Individual ethical standards differ
Debate over sources of ethical standards
Evaluate ethical standards and conflicts as new data appear
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Normative Standards
There is no statute on cutting in line, but we do honor that normative standard
We refer to adultery as “cheating” because the normative standard is that such relationships breach the social norm
We refer to “cheating” on exams as well
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Three Layers of Business Ethics
Basic values (honesty)
Notions of fairness (how we treat others)
Issues related to community and the environment
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Ethical Standards: Positive Law
Codified law is followed
However, there can still be issues with fairness, disclosure, etc. even though there is compliance with the law, as with the verdicts in the 2008 financial markets cases
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Ethical Standards: Natural Law and Ethics
Positive law is not the standard because some principles are inviolate
Slavery was wrong even though laws allowed it in the United States
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Ethical Standards: Moral Relativism
Ethics standard is based on the situation you are dealing with
Depending on pressures, you make a decision without regard to positive law or normative law standards
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Ethical Standards: Religion and Ethics
Tenets of faith are ethical standards
Even if the law allows you to disclaim liability for selling goods “as is,” the standards of religion might require them to do more
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Ethical Dilemmas
Categories of Ethical Dilemmas
Taking things that don’t belong to you
Saying things you know are not true
Giving or allowing false impressions
Buying influence or engaging in conflict of interest
Hiding or divulging information
Taking unfair advantage
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Ethical Dilemmas
Categories of Ethical Dilemmas
Committing acts of personal decadence
Perpetrating interpersonal abuse
Permitting organizational abuse
Violating rules
Condoning unethical actions
Balancing Ethical Dilemmas
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Analyzing Ethical Dilemmas
Make sure you have a grasp of all the available facts.
List any information you would like to have but don’t and what assumptions you would have to make, if any, in resolving the dilemma.
Take each person involved in the dilemma and list the concerns they face or might have on what to do about a product and its safety issue.
Develop a list of resolutions for the problem. Apply the various models for reaching this resolution.
Evaluate the resolutions for costs, legalities, and impact. Try to determine how each of the parties will react to and be affected by each of the resolutions you have proposed.
Make a recommendation for the actions that should be taken.
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Blanchard and Peale
Is it legal?
Is it balanced?
How does it make me feel?
The Front-Page-of-the-Newspaper Test
How would the story be reported?
Use an objective and informed reporter’s view
Resolution of Dilemmas
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Resolution of Dilemmas
Laura Nash and Perspective
How would I view the problem if I sat on the other side of the fence?
Am I able to discuss my decision with my family, friends, and those closest to me?
What am I trying to accomplish?
Will I feel as comfortable over the long term as I do today?
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Resolution of Dilemmas
The Wall Street Journal Model
Compliance: Are you violating any laws?
Contribution: What does this action contribute to my customers, shareholders, bondholders, employees, community, and suppliers?
Consequences: How will this action affect me, my company, my family, our employees, and our shareholders?
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Resolution of Dilemmas
Immanuel Kant’s Categorical Imperative
The Golden Rule
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Why We Fail to Reach Good Ethical Decisions
Rationalizations
“Everybody else does it”
“If we don’t do it, someone else will”
“That’s the way it has always been done”
“We’ll wait until the lawyers tell us it’s wrong”
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Rationalizations
“It doesn’t really hurt anyone”
“The system is unfair”
“I was just following orders”
“You think this is bad, you should have seen…”
“It’s a gray area”
Why We Fail to Reach Good Ethical Decisions
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Social Responsibility
Whom Should Shareholders Serve?
Policy question:
Best way to serve
Moral question: interest is if the
Whose interest should corporation is
corporation serve? responsive to:
Inherence Shareholders only Shareholders only
Enlightened Self-Interest Shareholders only Larger society
Invisible Hand Larger society Shareholders only
Social responsibility Larger society Larger society
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Inherence
Serve shareholders
Friedman view
Enlightened Self-Interest
Manager is responsible first to shareholders but serves them best by being responsible to larger society
Business value is enhanced if it is responsive to society needs
Social Responsibility
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Social Responsibility
Invisible Hand
Best for society to guide itself
The Social Responsibility School
Manager should serve larger society
Become involved in all types of political and social issues
Encourage managers to be involved
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Importance of Ethics
Ethics Resource Center Study
Firms with written codes of ethics did substantially better as an investment than the general Dow Jones Composite over a 30-year period
Executives feel ethical behavior strengthens a firm’s competitive edge
Johnson & Johnson recall of Tylenol earned it high respect and higher earnings in spite of cost as well as a type of immunity to scrutiny for decades
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Why Business Ethics?
Costs of Unethical Behavior
BP and the refinery explosion and pipeline rupture and Deepwater Horizon
Nestlé and the infant formula
Beech-Nut and the fake apple juice
GM, the Malibu design, and the litigation
GM and the engine switch case
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Why Business Ethics?
“The Tony Bennett Factor”
The Keys to Long-Term Survival
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Why Business Ethics?
Ethics as a Strategy
Impact on Reputation of Ethical Missteps
Reputation’s Impact on Market Price and Capitalization: Johns-Manville and asbestos
Reputational Capital and Its Importance
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Leadership and Ethics
Leadership and Ethics: Making Choices Before Liability
OPTIONS COST
W
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Ethics as a Strategy
The Subprime Mortgage Market
Lucrative area
Questions about fairness and disclosure
With collapse of the mortgages, new regulations, economic setbacks, financial downturns in companies that pushed the envelope on subprime loans
Companies that pulled back from subprimes are now doing well
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The Tone at the Top
Sarbanes-Oxley Has Changed Corporate Governance, Reporting, and Operations
Creating an Ethical Culture
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Creating an Ethical Culture
Sarbanes-Oxley and Culture
Code of ethics
Training for employees
Means for anonymous reporting
Following up on employee reports
Reporting up the ladder
Action by the board in monitoring and following up
Self-reporting by company
Enforcement within company
High-ranking officer in charge
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Creating an Ethical Culture
The Ethical Culture
Leadership
By
Example
Company Policies and
Compensation Systems
Reward Ethical and
Moral Behavior
Ethics Codes
Ethics Training: Annual/Scenarios
Investigations/Enforcement/Feedback
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Developing an Ethics Stance
Setting parameters for personal and business behavior
Setting tone of tolerance or intolerance for behavior
Creating an Ethical Culture
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Creating an Ethical Culture
Your Ethics Stance:
The Embezzling Employee
Relativism ▪
▪ Why did she
Did she understand take the money?
embezzlement is
wrong?
▪
How long was
she embezzling?
▪
Absolutism Termination
Pragmatic Idealistic
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Watch for Dangers of Unethical Environment
Intense competition and issues of survival (pressure)
Managers making poor judgments
Avoiding the “either/or conundrum”
Disparity in time devoted to ethics discussion vs. performance discussion
Creating an Ethical Culture
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Creating an Ethical Culture
Being Careful About Pressure and Signals
Competition is so intense that business survival is threatened
Managers make poor judgments
Employees have few or no personal values
Employees respond only to earnings demands
Managers and executives are touting earnings
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International Business
Businesses Must Decide Whether to Operate Under One Uniform Set of Standards
Cultures, Laws, and Standards Vary
Creates issues of bribes, grease payments, and culture-related gifts
Problems of economic development where bribery is common
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Creating an Ethical Culture
A Possible Uniform Standard for Ethical Choices
Categorical Imperative: How would you want to be treated?
Are you comfortable with a world with your standards?
Christian principle: The Golden Rule
And as ye would that men should do to you, do ye also to them likewise. Luke 6:31
Thou shalt love…they neighbor as thyself. Luke 10:27
Confucius: What you do not want done to yourself, do not do to others.
Aristotle: We should behave to our friends as we wish our friends to behave to us.
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Creating an Ethical Culture
A Possible Uniform Standard for Ethical Choices
Judaism: What you hate, do not do to anyone.
Buddhism: Hurt not others with that which pains thyself.
Islam: No one of you is a believer until he loves for his brother what he loves for himself.
Hinduism: Do nothing to thy neighbor which though wouldst not have him do to thee.
Sikhism: Treat others as you would be treated yourself.
Plato: May I do to others as I would that they should no unto me.
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LEASE CORRUPT
Denmark
Finland
Sweden
New Zealand
Norway
Switzerland
Singapore
Canada
Germany
Luxembourg
United Kingdom
Australia
Iceland
Belgium
Austria
United States
Hong Kong
Ireland
Japan
Uruguay
Qatar
MOST CORRUPT
Somalia
Korea (North)
Afghanistan
Sudan
South Sudan
Angola
Libya
Iraq
Guinea Bissau
Venezuela
Haiti
Yemen
Turkmenistan
Syria
Eritrea
Uzbekistan
Zimbabwe
Cambodia
Burundi
Myanmar
Corruption Perceptions Index 2015
2-39
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
2-40
International Business
Interdependence of Trust, Business, and Government
©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use.
Investors
Business
Customers
Government
Regulation/Fairness
Fairness assumption
Government
Investors
Customers
Business
Regulation/Fairness
Fairness assumption