Organizations Can Shape Ethical Conduct in Work Environment Ques

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Assignment 1 Course: Business Law INSTRUCTIONS TO CANDIDATES1

Question 1 [15 marks]: Explain the following three important ideas about law. i. Power ii. Importance iii. Fascination [Not less than 200 words: Not less than 2 references]

Question 2 [20 marks]: Explain the sources of contemporary law in United States of America (U.S.A). [Not less than 400 words: Not less than 3 references]

Question 3 [10 marks]: Distinguish between criminal law and civil law. [Not less than 200 words: Not less than 2 references]

Question 4 [15 marks]: Explain the three theories of law [Not less than 200 words: Not less than 2 references]

Question 5 [10 marks]: Explain the minimum requirement for ethics compliance programs [Not less than 200 words: Not less than 2 references]

Question 6 [15 marks]: Explain the three individual moral and ethical development [Not less than 200 words: Not less than 2 references]

Question 7 [15 marks]: Explain how organizations can shape ethical conduct in the work environment [Not less than 200 words: Not less than 2 references] END OF THE ASSIGNMENT ONE

(1) Page | 2 Business Law INTERNATIONAL ASSOCIATION OF UNIVERSITY SUMMER SESSIONS(IAUSS) INTRODUCTION TO LAW LAW IS POWERFUL  Nearly everything we do  Contract Law  Intellectual Property Law  Employment Law  Securities Law LAW IS IMPORTANT  Law is essential LAW IS FASCINATING  The law is a big part of our lives 3 ORIGINS OF OUR LAW Law comes from many different sources • England-10th Century • Shires/counties————————-Yorkshire • Sheriff————————————Mediation • Public Order and Peace • Tithing(10 freemen)-Tithing-men—-Collective responsibility • Oath helpers—————————–Modern jury of 12 people • Normans conquer England-1066 (King William) • Land belongs to the king——————–Special commodity

• On the law and customs of England Henry De Bracton (1250) Precedent • The tendency to decide current cases based on previous ruling • Accumulation of precedent, based on case after case-Common Law • Common Law-Judge-made law 5 Law in the U.S.A • Inherited the British Legal system (e.g. New Zealand, Australia, Canada). • Sources of Contemporary Law 1. United States Constitution-It is the supreme law of the land. This federal constitution does three basic things: i. Establish National Government of the U.S.A with its three branches a. Legislative Power-Gives the ability to create new laws-(Article I) • 50 state elects representatives to serve in the congress and debate

• House of representatives has 435 voting members • Senate has 100 voting members-Two from each state b. Executive Power- Is the authority to enforce laws-(Article II) c. Judicial Power- It gives the right to interpret laws and determine their validity (Article III). 6 CONT’ This federal constitution does three basic things: ii. Checks and Balance The authors gave power government some power over the other two branches • • • • President can veto congressional legislation Congress can impeach the president The Supreme Court can void laws passed by congress The president appoints judges to the federal courts, the congress approves nominees iii. Fundamental Rights • First Amendment guarantees the rights of free speech, free press, free exercise of religion • The fourth, Fifth and Sixth Amendments protect the rights of any person accused of crime. 7 Sources of Contemporary Law CONT’ 2. Statutes The constitution gave to the U.S.A congress the power to pass laws on various subjects. • These laws are called statutes (A law created by a legislative body).

• The idea is called a bill • President sign becomes law • If the president refuses to approve, or vetoes a bill 3. Common Law • Doctrine precedent • Binding only on lower courts • Supreme court under no obligation to follow precedent 8 Sources of Contemporary Law CONT’ 4. Court Orders Judges have the authority to issue court orders that place binding obligation on specific people or companies • An injunction is a court order to stop doing something. 5. Administrative Law • Environmental Protection Agency (EPA) • Securities and Exchange Commission (SEC) • Internal Revenue Services (IRS)

• Agencies have the power to create laws called regulations 6. Treaties • President has constitution power to make treaties with foreign nations • The US senate by a two-thirds vote. 9 CLASSIFICATIONS OF LAW CRIMINAL LAW AND CIVIL LAW 10 SETS THE DUTIES OF GOVERNMENT TO ITS CITIZENS AND VICE-VERSA 11 JURISPRUDENCE Jurisprudence The philosophy of law OR, WHAT IS LAW? THREE THEORIES: 1. LEGAL POSITIVISM • Sovereign –The recognized political power, whom citizens obey 2. NATURAL LAW • St. Thomas Aquinas (1225-1274): Argued that an unjust law is no law at all and need not be obeyed. • It is not enough that a sovereign makes a command 3. LEGAL REALISM • They claim it does not matter what is written as law • What counts is who enforces that law and by what process • All of us are biased by issues such as income, education, family background,race….etc 12 LAW AND MORALITY ARE OFTEN IN CONFLICT ! 13 LAW AND MORALITY Law is different from morality, yet the two are obviously linked. Example: • In the case of contract Sometimes there are laws that are immoral Example: • Firing the workers for any reason Sometimes there are laws where the morality is less clear Example: • Child playing with a gun with live bullets 14 The structure of the court system

• The Constitution Act, 1867, determines how the court system is structured • Authority is divided between the federal and the provincial governments • The federal government is responsible for the Supreme Court of Canada and appointing of judges to superior courts and provincial courts of appeal • The provincial and territorial governments administer both civil and criminal law. They appoint judges to provincial courts Copyright 2013 McGraw-Hill Ryerson Ltd. 15 The courts in the criminal justice system in canada Copyright 2013 McGraw-Hill Ryerson Ltd. 16 Provincial/territorial court • Most criminal cases are heard in the provincial and territorial courts • Often referred to as a lower court, all criminal cases in Canada begin here • All accused will make a first appearance at the provincial/territorial court (either in bail court, trial court, or a specialized court – mental health, domestic violence, drug treatment, aboriginal persons, young offenders, superior court, court of appeal) Copyright 2013 McGraw-Hill Ryerson Ltd. 17 Courts for aboriginal persons

• The Supreme Court ruling (R. v. Gladue [1999]) mandates that special consideration should be given to Aboriginal persons regarding sentencing • A special court (the Gladue court) has been created to respond to the unique circumstances of Aboriginal persons accused of criminal offences Copyright 2013 McGraw-Hill Ryerson Ltd. 18 The federal courts • Deals with cases that are specified in federal legislation including disputes between provinces, territories and/or the federal government • As well, cases relating to intellectual property, citizenship appeals and federal Crown corporations are managed by the federal courts Copyright 2013 McGraw-Hill Ryerson Ltd. 19 The supreme court of Canada • The final court of appeal and the highest court in Canada • It hears cases from all areas of law (criminal, constitutional, and civil law)

• A case will be heard at the Supreme Court only after all other appeal opportunities have been exhausted • An application for appeal is reviewed by three judges. If granted, it is called a “leave to appeal” Copyright 2013 McGraw-Hill Ryerson Ltd. 20 Business Law INTERNATIONAL ASSOCIATION OF UNIVERSITY SUMMER SESSIONS(IAUSS) May 31, 2021 Business Ethics and Social Responsibility 5 Discuss how organizations shape ethical behavior. 1 Explain the concepts of business ethics and social responsibility. 6 Describe how businesses’ social 2 Describe the factors that influence business ethics. 7 Summarize the responsibilities of 3 List the stages in the development of ethical standards. 4 Identify common ethical dilemmas in the workplace. responsibility is measured. business to the general public, customers, and employees. 8 Explain why investors are concerned with business ethics and social responsibility.

Concern for Ethical and Societal Issues Sarbanes-Oxley Act 2002 law that added oversight for the nation’s major companies and a special oversight board to regulate public accounting firms that audit the financial records of these corporations. Business Ethics The standards of conduct and moral values governing actions and decisions in the work environment. • Social responsibility. • Balance between what’s right and what’s profitable. • Often no clear-cut choices. • Often shaped by the organization’s ethical climate. THE NEW ETHICAL ENVIRONMENT • High profile investigations and arrests in headlines.

• Vast majority of businesses ethical. • New corporate officers charged with deterring wrongdoing and ensuring ethical standards. Source: “Our Company, Our Credo,” Johnson & Johnson Web site Individuals Make a Difference • Personal ethics matter. • Survey of British workers found 30 percent spent 30 minutes daily doing personal business online. • Technology expanded abuses. • Data theft. Development of Individual Ethics On-the-Job Ethical Dilemmas Situation in which a business decision may be influenced for personal gain. Employee’s disclosure of illegal, immoral, or unethical practices in the organization.

Telling the truth and adhering to deeply felt ethical principles in business decisions. Businesspeople expect employees to be loyal and truthful, but ethical conflicts may arise. HOW ORGANIZATIONS SHAPE ETHICAL CONDUCT Ethical Awareness • Code of Conduct Formal statement that defines how the organization expects and requires employees to resolve ethical questions. Ethical Reasoning • Codes of conduct cannot detail a solution for every ethical situation, so corporations provide training in ethical reasoning. Ethical Action • Helping employees recognize and reason through ethical problems and turning them into ethical actions. Ethical Leadership • Executives must demonstrate ethical behavior in their actions. ACTING RESPONSIBLY TO SATISFY SOCIETY Social Responsibility Management’s acceptance of the obligation to consider profit, consumer satisfaction, and societal well-being of equal value in evaluating the firm’s performance.

• For example, contributions to the overall economy, job opportunities, and charitable contributions and service. • Measured through social audits. Areas of responsibility Responsibilities to the General Public Public Health Issues What to do about inherently dangerous products such as alcohol, tobacco, vaccines, and steroids. Responsibilities to the General Public Public Health Issues What to do about inherently dangerous products such as alcohol, tobacco, vaccines, and steroids. Responsibilities to the General Public Public Health Issues What to do about inherently dangerous products such as alcohol, tobacco, vaccines, and steroids. Responsibilities to the General Public Public Health Issues What to do about inherently dangerous products such as alcohol, tobacco, vaccines, and steroids. Protecting the Environment Using resources efficiently, minimizing pollution. • Recycling Reprocessing used materials for reuse.

Developing the Quality of the Workforce Enhancing quality of the overall workforce through education and diversity initiatives. Corporate Philanthropy Cash contributions, donations of equipment and products, and supporting the volunteer efforts of company employees. Responsibilities to Customers Responsibilities to Customers The Right to Be Safe Safe operation of products, avoiding product liability. The Right to Be Informed Avoiding false or misleading advertising and providing effective customer service. The Right to Choose Ability of consumers to choose the products and services they want. The Right to Be Heard Ability of consumers to express legitimate complaints to the appropriate parties. Responsibilities to Employees Responsibilities to Employees Workplace Safety Monitored by Occupational Safety and Health Administration. Quality-of-Life Issues Balancing work and family through flexible work schedules, subsidized child care, and regulation such as the Family and Medical Leave Act of 1993.

Ensuring Equal Opportunity on the Job Providing equal opportunities to all employees without discrimination; many aspects regulated by law. Age Discrimination Age Discrimination in Employment Act of 1968 protects workers age 40 or older. Sexual Harassment and Sexism Avoiding unwelcome actions of a sexual nature; equal pay for equal work without regard to gender. Responsibilities to Investors and the Financial Community • Obligation to make profits for shareholders. • Expectation of ethical and moral behavior. • Investors protected by regulation by the Securities and Exchange Commission and state regulation

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