Civil litigation

 

3. Identify and define at least one ethical framework that the company apparently employed in making its decision.  Note — Not “”Should have used.”” It is not acceptable to say it did not act ethically or did not use a framework. Analyze it.  Frameworks include utilitarianism, free market ethics, deontology, virtue ethics , etc., covered in your course readings.
4. Then, identify and define at least one ethical framework that the company should have used when the problem arose, and explain how to apply it for them to have reached a better result than what actually happened. Be clear.
5. Identify and explain measures the company should implement to avoid this type of problem in the future.
6. Within your discussion include whether the company had a code of ethics or policy that seemed to apply to the situation, and if so, what went wrong with that?
7. Explain what  business leadership in any company can learn from this situation.
8. Have a conclusion that wraps up the key points.

Part 2The book for this course is Criminal-Law-OER.pdf short answersExplain civil litigation and criminal prosecution as discussed in chapter 1 of the OER. Try to answer the questions below with your explanation. You may use examples from real cases as an example.

1. Define the goal of civil litigation?

2. Define the goal of criminal prosecution?

3. What is the difference between the two?

4. Can there be civil liability if there is no harm caused? Explain.

5. Can there be a crime if there is no harm caused? Explain.

6. Is there ever a punishment involved in civil litigation? What is it called?

Sample Solution

Civil litigation

Civil litigation is a legal process in which criminal charges and penalties are not at issue. When two or more parties become embroiled in such a non-criminal legal dispute, the case is presented at a trial where plaintiffs seek compensation or the damages from defendants. Criminal prosecution is the act of officially accusing someone of committing an illegal act, especially by bringing a case against that person in a court of law. The goal of civil litigation is to compensate the plaintiff for any injuries and to put the plaintiff back in the position that person held before the injury occurred. There is a difference between civil litigation and criminal prosecution. Civil litigation is a legal action between individuals to resolve a civil dispute while criminal prosecution is when the government prosecutes a defendant to punish illegal conduct.

In the 1920s the introduction of new technologies brought with it new communications tools that would change how people received, interacted and discussed information. The introduction of the radio gradually reduced the importance of the newspaper, especially as they came down in price, because news spread much more quickly and immediately over the radio than was the case with newspapers. “Radio coverage of presidential campaigns began in 1924 and expanded dramatically in the 1930s” (Gentzkow et al. 2986) and the first president to publicly communicate to the country in real time was Calvin Coolidge, in 1923 through the use of the radio (Morgan RealClear.com).
Public expectations of presidents changed with the introduction of the radio. During the golden age of American newspapers, public expectations of presidents were distinguished by the way they looked and what they were said to have said. With the introduction of radio, public expectations of presidents began to be shaped by how they talked and how they were perceived to behave, through speech. This changed the character of the presidency. “Public expectations of presidential communication formed in conjunction with the development of a more public rhetorical presidency at the beginning of the 20th century” (Scacco and Coe 302) and have continued to operate since that time. The concept of a rhetorical presidency is derived from political communication theory and is argued to be witnessed when “a decline in party strength and a changing media environment led presidents to bypass the bargaining processing in DC and “go public” with their policies instead” (Pluta 2). Rhetorical presidencies began in the 1930s, when Roosevelt, facing strong Congressional opposition to the New Deal policies that he was espousing to defeat the Great Depression, used radio to create a stronger relationship with the American people by appearing to be open, upfront and honest with them. Roosevelt’s rhetorical presidency accelerated in World War II, when Roosevelt used the radio to recreate the direct and immediate communication modes of earlier presidencies. However, while Roosevelt’s fireside chats and radio addresses were direct and immediate, they were also tightly scripted in order to garner ever-deeper support for the American war effort. In this way, presidential communications remained, as they had been with newspapers, heavily mediated.

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