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Formative & Summative Assessment
Objectives
Learning Activity 1
Learning Activity 2
Corrective Activity 1
Corrective Activity 2
Enrichment Activity 1
Enrichment Activity 2
Objective #1:
The student, after an explanation on key ideas in a story, will be
able to use illustrations and details in a text to describe its
characters, setting, or events.
The student will be asked to sit in a circle in the front of the
class to read a story, along with the teacher, and be able to
identify key points in the story that is being read by answering
and asking appropriate questions.
The student will be asked to sit in a circle in front of the class
to perform a picture walk, together as a whole class and with
the teacher, to recognize key detail, using illustrations.
The student will be asked to collect and display details using
text and illustration details to describe the characters.
The student will be asked to organize and graph the details that
describe the characters, setting, and events in the story.
The student will be given an empty graphic organizer that
includes the characters, setting, and events; the students are
expected to connect, or match them using key points.
The student will be given a new story to read and an empty
graphic organizer labeled with “Characters, Setting, and
Events” to fill in and apply concepts learned previously.
Objective #2:
The student, after an explanation on time with analog and
digital clocks, will be able totell and write time in hours and
half hours
The student will be asked to recognize the difference between
an analog and digital clock by observing two physical examples.
The student will be asked to identify and label an analog clock,
using a given worksheet.
The student will be asked to compare the differences and
similarities between an analog and digital clock.
The student will be asked to draw, label, and identify patterns
involved within an analog clock.
The student will be given different times to be shown within
both clocks, to hours and half hours (i.e. 6:00, 6:30, etc.).
The student will be given a worksheet containing both blank
analog and digital clocks, to differentiate given times.
Objective #3:
The student, after an explanation on words or phrases that
suggest feelings or appeal to the senses, will be able to identify
them within stories or poems.
The student will be involved in a discussion recalling the
different senses and feelings that we experience, (i.e. sight,
taste, hearing, touch, and smell).
The student will be asked to sit in a circle with the rest of the
class to read a story and recognize the different senses and
feelings seen in the story.
The student will be using “My Five Senses” by Margaret Miller
to compare their own experiences with what is being told in the
story.
The student will be able to categorize and interpret the different
senses and feelings they experienced while going through the
story.
The student will participate in an investigative discussion, by
involving their own personal experiences with what is being
told in the story.
The student will be able to construct their own story involving
an experience that withheld multiple feelings and the use of
their senses.
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.
0
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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?
©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.
2-2
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
©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
2-3
Normative Standards
Normative Standards
How we behave, on average
How we treat each other
Expectations on contracts beyond legal interpretation
©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
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3
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
2-4
©2017 Cengage Learning®. May not be scanned, copied or
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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.
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
2-5
©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.
Three Layers of Business Ethics
Basic values (honesty)
Notions of fairness (how we treat others)
Issues related to community and the environment
2-6
©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.
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
2-7
©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.
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
2-8
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
with a certain product or service or otherwise on a password-
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system for classroom use.
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
2-9
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
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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
2-10
©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-
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2-11
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
©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
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11
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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
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
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12
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.
2-13
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
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2-14
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
©2017 Cengage Learning®. May not be scanned, copied or
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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?
©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-
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system for classroom use.
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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?
©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.
16
Resolution of Dilemmas
Immanuel Kant’s Categorical Imperative
The Golden Rule
2-17
©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-
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2-18
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”
©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
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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
©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
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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 responsibilityLarger society Larger society
©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-
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2-21
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
©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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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
©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-
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2-23
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
©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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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
©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.
24
Why Business Ethics?
“The Tony Bennett Factor”
The Keys to Long-Term Survival
2-25
©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.
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
2-26
©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-
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system for classroom use.
2-27
Leadership and Ethics
Leadership and Ethics: Making Choices Before Liability
OPTIONS COST
W
©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.
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
2-28
©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.
2-29
The Tone at the Top
Sarbanes-Oxley Has Changed Corporate Governance, Reporting,
and Operations
Creating an Ethical Culture
©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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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
©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-
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system for classroom use.
2-31
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
©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-
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2-32
Developing an Ethics Stance
Setting parameters for personal and business behavior
Setting tone of tolerance or intolerance for behavior
Creating an Ethical Culture
©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-
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2-33
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
©2017 Cengage Learning®. May not be scanned, copied or
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2-34
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
©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-
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34
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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
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
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system for classroom use.
2-36
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
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
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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.
©2017 Cengage Learning®. May not be scanned, copied or
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or in part, except for use as permitted in a license distributed
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2-38
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.
©2017 Cengage Learning®. May not be scanned, copied or
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with a certain product or service or otherwise on a password-
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system for classroom use.
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
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2-40
International Business
Interdependence of Trust, Business, and Government
©2017 Cengage Learning®. May not be scanned, copied or
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Investors
Business
Customers
Government
Regulation/Fairness
Fairness assumption
Government
Investors
Customers
Business
Regulation/Fairness
Fairness assumption
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-
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0
1-1
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
©2017 Cengage Learning®. May not be scanned, copied or
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1
1-2
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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2
1-3
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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3
1-4
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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4
1-5
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
©2017 Cengage Learning®. May not be scanned, copied or
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5
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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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6
1-7
Purposes of Law
Keeping Order
Influencing Conduct
Honoring Expectations
Promoting Equality
Law as the Great Compromiser
©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.
7
1-8
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
©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.
8
1-9
Pervasiveness
Example: laws covering formation, operation and dissolution of
corporations do not unduly interfere with management
flexibility
Characteristics of Law
©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.
1-10
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?
©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.
10
1-11
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
©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.
11
Sources of Law
1-12
©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.
1-13
Constitutional Law
Exists at federal and state level
Establishes government structure
Establishes individual rights
Sources of Law
©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.
13
1-14
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
©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.
14
1-15
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
©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.
15
1-16
Private Laws
Contracts
Leases
Employer regulations
Court Decisions
Language in statute unclear
Court provides interpretation or clarification of law
Sources of Law
©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.
16
1-17
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
©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.
17
1-18
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
©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.
18
1-19
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
©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.
19
1-20
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
©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.
20

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Formative & Summative AssessmentObjectivesLearning Activ.docx

  • 1. Formative & Summative Assessment Objectives Learning Activity 1 Learning Activity 2 Corrective Activity 1 Corrective Activity 2 Enrichment Activity 1 Enrichment Activity 2 Objective #1: The student, after an explanation on key ideas in a story, will be able to use illustrations and details in a text to describe its characters, setting, or events. The student will be asked to sit in a circle in the front of the class to read a story, along with the teacher, and be able to identify key points in the story that is being read by answering and asking appropriate questions. The student will be asked to sit in a circle in front of the class to perform a picture walk, together as a whole class and with the teacher, to recognize key detail, using illustrations. The student will be asked to collect and display details using text and illustration details to describe the characters. The student will be asked to organize and graph the details that describe the characters, setting, and events in the story. The student will be given an empty graphic organizer that includes the characters, setting, and events; the students are expected to connect, or match them using key points. The student will be given a new story to read and an empty graphic organizer labeled with “Characters, Setting, and Events” to fill in and apply concepts learned previously. Objective #2: The student, after an explanation on time with analog and
  • 2. digital clocks, will be able totell and write time in hours and half hours The student will be asked to recognize the difference between an analog and digital clock by observing two physical examples. The student will be asked to identify and label an analog clock, using a given worksheet. The student will be asked to compare the differences and similarities between an analog and digital clock. The student will be asked to draw, label, and identify patterns involved within an analog clock. The student will be given different times to be shown within both clocks, to hours and half hours (i.e. 6:00, 6:30, etc.). The student will be given a worksheet containing both blank analog and digital clocks, to differentiate given times. Objective #3: The student, after an explanation on words or phrases that suggest feelings or appeal to the senses, will be able to identify them within stories or poems. The student will be involved in a discussion recalling the different senses and feelings that we experience, (i.e. sight, taste, hearing, touch, and smell). The student will be asked to sit in a circle with the rest of the class to read a story and recognize the different senses and feelings seen in the story. The student will be using “My Five Senses” by Margaret Miller to compare their own experiences with what is being told in the story. The student will be able to categorize and interpret the different senses and feelings they experienced while going through the story. The student will participate in an investigative discussion, by involving their own personal experiences with what is being told in the story. The student will be able to construct their own story involving an experience that withheld multiple feelings and the use of their senses.
  • 3. 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. 0 2-1 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?
  • 4. ©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. 2-2 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 ©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 2-3 Normative Standards Normative Standards How we behave, on average How we treat each other Expectations on contracts beyond legal interpretation
  • 5. ©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. 3 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 2-4 ©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. 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 2-5
  • 6. ©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. Three Layers of Business Ethics Basic values (honesty) Notions of fairness (how we treat others) Issues related to community and the environment 2-6 ©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. 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 2-7 ©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
  • 7. system for classroom use. 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 2-8 ©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. 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 2-9 ©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. 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
  • 8. 2-10 ©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. 2-11 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 ©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. 11 2-12 Ethical Dilemmas Categories of Ethical Dilemmas Committing acts of personal decadence
  • 9. Perpetrating interpersonal abuse Permitting organizational abuse Violating rules Condoning unethical actions Balancing Ethical Dilemmas ©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. 12 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. 2-13 ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole
  • 10. 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. 2-14 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 ©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. 14 2-15 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?
  • 11. ©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. 15 2-16 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? ©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. 16 Resolution of Dilemmas Immanuel Kant’s Categorical Imperative The Golden Rule 2-17
  • 12. ©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. 2-18 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” ©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. 18 2-19 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
  • 13. ©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. 19 2-20 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 responsibilityLarger society Larger society ©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
  • 14. system for classroom use. 2-21 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 ©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. 21 2-22 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 ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole
  • 15. 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. 2-23 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 ©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. 23 2-24 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
  • 16. GM and the engine switch case ©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. 24 Why Business Ethics? “The Tony Bennett Factor” The Keys to Long-Term Survival 2-25 ©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. 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 2-26 ©2017 Cengage Learning®. May not be scanned, copied or
  • 17. 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. 2-27 Leadership and Ethics Leadership and Ethics: Making Choices Before Liability OPTIONS COST
  • 18.
  • 19. W
  • 20. ©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
  • 21. system for classroom use. 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 2-28 ©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. 2-29 The Tone at the Top Sarbanes-Oxley Has Changed Corporate Governance, Reporting, and Operations Creating an Ethical Culture ©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.
  • 22. 29 2-30 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 ©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. 2-31 Creating an Ethical Culture The Ethical Culture Leadership By Example Company Policies and Compensation Systems
  • 23. Reward Ethical and Moral Behavior Ethics Codes Ethics Training: Annual/Scenarios Investigations/Enforcement/Feedback ©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. 2-32 Developing an Ethics Stance Setting parameters for personal and business behavior Setting tone of tolerance or intolerance for behavior Creating an Ethical Culture ©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. 2-33 Creating an Ethical Culture Your Ethics Stance: The Embezzling Employee
  • 24. Relativism ▪ ▪ Why did she Did she understand take the money? embezzlement is wrong? ▪ How long was she embezzling? ▪ Absolutism Termination Pragmatic Idealistic ©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. 2-34 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
  • 25. ©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. 34 2-35 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 ©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. 2-36 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
  • 26. ©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. 36 2-37 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. ©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. 2-38 Creating an Ethical Culture
  • 27. 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. ©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. LEASE CORRUPT Denmark Finland Sweden New Zealand Norway Switzerland Singapore Canada Germany Luxembourg United Kingdom Australia Iceland Belgium Austria United States
  • 28. 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-
  • 29. 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
  • 31. 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. 0 1-1 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 ©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. 1
  • 32. 1-2 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 ©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 1-3 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 ©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-
  • 33. protected website or school-approved learning management system for classroom use. 3 1-4 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 ©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. 4 1-5 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
  • 34. Passed by governmental body Also known as Codified Law ©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. 5 1-6 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 ©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. 6
  • 35. 1-7 Purposes of Law Keeping Order Influencing Conduct Honoring Expectations Promoting Equality Law as the Great Compromiser ©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. 7 1-8 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 ©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.
  • 36. 8 1-9 Pervasiveness Example: laws covering formation, operation and dissolution of corporations do not unduly interfere with management flexibility Characteristics of Law ©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. 1-10 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? ©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.
  • 37. 10 1-11 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 ©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. 11 Sources of Law 1-12 ©2017 Cengage Learning®. May not be scanned, copied or
  • 38. 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. 1-13 Constitutional Law Exists at federal and state level Establishes government structure Establishes individual rights Sources of Law ©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. 13 1-14 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
  • 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. 14 1-15 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 ©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. 15 1-16 Private Laws Contracts
  • 40. Leases Employer regulations Court Decisions Language in statute unclear Court provides interpretation or clarification of law Sources of Law ©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. 16 1-17 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 ©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.
  • 41. 17 1-18 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 ©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. 18 1-19 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 ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole
  • 42. 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. 19 1-20 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 ©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. 20