Business Ethics Essay

1572 Words Aug 22nd, 2013 7 Pages
31: Constitutional, Contract, Criminal, Evidence, Property and Tort Law

32: List and explain Nash’s, Drucker’s, Buffet’s, Blanchard's and Peale’s comprehensive approach for resolving ethical dilemma
Drucker: “Above all do no harm.” Intentionally making decisions that will not do harm will encourage ethical decision-making.
Buffet: front-page-of-the-paper test, it supports critical thinking to envision how the decision may look on the front page of a paper before making the final decision. Blanchard and Peale: three- question test: “Is it legal?” “Is it balanced?” and “How does it make me feel?”
Nash: a comprehensive model allows for the incorporation of perspective, alternative views and historical consideration in the decision
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The terms of the offer and the acceptance
2. Any dates
3. Any oral or telephonic communication
4. The subject matter and whether it’s Article II. Always ask yourself “is this a contract for the sale of goods?” If it is, Article II applies. If it’s a contract for anything else, common law applies. Normally, it will either be goods, which is Article II, or services.

42:Constitutional law is divided into four broad categories. Please list them
1. Due process
2. Equal protection
3. The privileges and immunities clause of Article IV
4. The First Amendment. We can divide the First Amendment into two subcategories: (a) Free Speech and (b) Freedom of Religion

43: In order to convict one of a crime two elements must exist and concur. What are those two elements? Explain fully with complete details (1) the performance of a prohibited act and (2) a specified state of mind, or intent, on the part of the actor. Additionally, to establish criminal liability, there must be a concurrence (agreement) between the act and the intent.
The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return.
State of Mind—A wrongful mental state, mens rea is also typically required to establish criminal liability. The mental state, or intent, is indicated in the applicable statute or law.
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