- Civil Law system Utilitarianism  Respect for human being is said to be necessary – sometimes called respect for persons  Most commonly occurs with block shareholdings, large loans from financial institutions or block The Queensland DPP is responsible for criminal prosecution in relation to It encompasses authority, accountability, stewardship, leadership, direction anthropologists, sociologists)  Rule utilitarianism: rules are more significant in that they do not regard as expendable on grounds that action is required to do, or refrain from doing, a particular thing. - In a civil case, that is on the balance of probabilities. 0000001566 00000 n Winning the Case Magistrates Court, Federal Magistrates Court whom it is addressed to do or stop doing a particular act.  Principle 5 – Make timely and balanced disclosure standards of conduct enforceable through sanction  Modify or replace common law 0000016601 00000 n TEXTBOOK NOTES – Chapter 1: Introduction to the Australian Legal System In most instances the onus - Conciliation is similar except that the 3rd party may also offer advice/suggestions on how to 0000005435 00000 n ��b�yt~_�6���.��T"z���"c�Ar����N��� �p?�A���y'�_���N>��^_QN�pE���_� Y�M� endstream endobj 351 0 obj <>/ProcSet[/PDF/Text]>> endobj 352 0 obj <> endobj 353 0 obj <> endobj 354 0 obj <> endobj 355 0 obj <>stream Interpreting a Statute - Original Jurisdiction: primarily with 0000039933 00000 n 0000024487 00000 n  “Corporate governance is concerned with improving the performance of companies for the benefit of Supreme Court (trial division) and many tribunals. impact on others. upper). - Mediation is where a third party assists the disputing parties in reaching consensus by keeping - The standard of proof is the level that the person must prove their case. Equity: fairness and justice.  Another distinct feature of a company is that it has limited liability. statute was designed to prevent.  Also known as: precedent or case law - Conceptual approach: analysis of the meaning of key terms (concepts), eg: right, obligation,  Reserve Bank of Australia (RBA) - responsible for monetary policy and the stability of the financial Scribd is the world's largest social reading and publishing site. What is ethics? o Reasonable: Law must be fair, just and necessary (i.e. H��W�n#7��)x� ��H���ݢ[��؃c;���c{�. Individuals at this primary stage of maturity in ethical decisions will conduct themselves in an ethical  self-regulation: from the internal company – based no social expectations. This is called “cross-vesting”  Only binds courts in same hierarchy, Persuasive precedent Justice – equity and fairness, Binding precedent Egoism - Original jurisdiction: Federal court is divided into two areas:  Procedural justice: outcome most important - Constitutional matters R-(�`I �w�g�1p���@>�|������ܠ����3ɳd��v�����߼�OB�|&C��-��@�@����P� �  If it’s the first time the case has come to court, the person bringing the case is the plaintiff. endstream endobj 349 0 obj <>/Length 9/Matrix[1.0 0.0 0.0 1.0 0.0 0.0]/Resources<>>>/Subtype/Form/Type/XObject>>stream  Constrains voting power by limiting shareholders, therefore concentrated ownership, Market discipline  Moral worth of actions or practises is determined by the consequences went to trial the first time  Principle 1 – Lay solid foundations for management and oversight TEXTBOOK NOTES – Chapter 3: How Law is Made /R0 gs  Set of rules, regulating peoples (corporations, government, individuals) interactions with each other which set Business Ethics Wayne Norman “Business ethics” is a concise, but in many ways misleading, label for an interdis-ciplinary field covering a vast range of normative issues in the world of commerce. The actions of individuals at this stage are motivated to conform to the norms and rules of the greater 6.  Supreme law in Australia Business Law - Compiled Lecture Notes - Lecture note, lectures 1 - 11 Sample/practice exam 12 June 2014, questions Exam 16 June 2014, questions and answers (partial) Lecture slides 1-12 Summary - Lecture 2, Normative Theories for Business Ethics Sample/practice exam April 2015, questions placement of bonds  Governance is concerned with all aspects of the direction and control of organisations. the offender personally believed they were doing the right thing. At this stage, individuals will only conduct themselves in an ethical manner if in doing so brings about B u t i f w e c o n s i d e r t h e a r r a y o f t o p i c s c o v e r e d i n t h e l e a d i n g b u s i n e s s e t h i c s j o u r n a l s o r t e x t b o o k s , w e \ s e e t h a t t h e s e c o r e i s s u e s a b o u t i n d i v i d u a l v i r t u e s a n d e t h i c a l d e c i s i o n - m a k i n g a r e s u r r o u n d e d b y l a y e r s o f i s s u e s i n v o l v i n g o \ r g a n i z a t i o n s a n d i n s t i t u t i o n s .  If the case is an appeal from an earlier decision, the person bringing the appeal is the appellant and the jurisdiction of the court.  Following precedent = question should be resolved in a certain way today because a similar question maximises personal gain – irrespective of whether such action is ethical or not; or if it has an adverse 376 0 obj <>stream standards in Australia. 0000013877 00000 n - In a criminal case, the prosecution must prove their case beyond a reasonable doubt. the plaintiff or appellant) - Regulatory capture is when officials regulate so that they promote the narrow interests of this  Concerned with how we behave or “should” behave.  “Corporate governance generally refers to the processes by which organisations are directed, controlled o industry codes of conduct  values such as social justice, redistribution or paternalism are what can justify regulation QLD is unicameral – only one house ( no  QLD is the only state iwth a uni-cameral parliament ie. demand (ie. 0000001632 00000 n  Principle 3 – Promote ethical and responsible decision-making  Principle 4 – Safeguard integrity in financial reporting o Court of appeal = full bench T h e l a b e l l e n d s i t s e l f m o s t d i r e c t l y t o a c o r e s e t o f q u e s t i o n s a b o u t h o w \ i n d i v i d u a l s i n t h e b u s i n e s s w o r l d o u g h t t o b e h a v e , o r w h a t p r i n c i p l e s t h e y m i g h t a p p e a l t o i n o r d e r t o n e g o t i a t e m o r a l d i l e \ m m a s a t w o r k . meant to. - civil matters where the amount claimed is less than $50,000.  Eg. - Original jurisdiction: - Original jurisdiction: the power to hear a matter for the first time  Ethical egoism: supreme principle is to promote one’s well-being above all others – normative theory as o regulatory bodies The concept of business ethics, al-though not all that different from kindergarten rules, can be difficult to instill in business practices. - Appellate Jurisdiction: Hears some appeals from They may be either the plaintiff or the defendant n Outline the relationship between business ethics and the law.  Hierarchy of Courts: The ranking of courts according to their ability to hear matters. Responsible for the interpretation, applicagtion