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CHAPTER 1: LAW: PURPOSES AND SOURCES

CHAPTER 1: LAW: PURPOSES AND SOURCES. CHAPTER 1: LAW: PURPOSES AND SOURCES. Learning Objectives: Definitions and Classifications of Law Sources of Law Case Law: Role of Precedent and Conflict of Law Jurisprudence Ethics Law and Ethics. INTRODUCTION TO LAW. Definitions of Law

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CHAPTER 1: LAW: PURPOSES AND SOURCES

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  1. CHAPTER 1: LAW: PURPOSES AND SOURCES

  2. CHAPTER 1: LAW: PURPOSES AND SOURCES Learning Objectives: Definitions and Classifications of Law Sources of Law Case Law: Role of Precedent and Conflict of Law Jurisprudence Ethics Law and Ethics Chapter 1

  3. INTRODUCTION TO LAW • Definitions of Law • Classification of Law • Substantive and Procedural • Public and Private • Civil and Criminal • Other? Chapter 1

  4. SOURCES OF LAW • Constitution: forms government, establishes rights and duties • Legislation: created by Congress and state legislatures; signed by executive • Judicial Decisions (court cases): either interprets legislation or creates common law • Regulations (from administrative agencies) Chapter 1

  5. CASE LAW PRINCIPLES • Stare Decisis • Role of precedent • Advantages of stare decisis • Challenges associated with case law system • Rejecting Precedent • Why is this a positive attribute? • What are detriments of rejecting precedent? Chapter 1

  6. CONFLICT OF LAWS • State substantive laws in conflict • Determine law of which state applies Chapter 1

  7. LAW AND ETHICS (I) • Jurisprudence • Definition: Philosophy of Law • Principal Schools • Ethics • Role of Morality • Systems of Individual Ethics Chapter 1

  8. LAW AND ETHICS (II) • Interrelationship Between Law and Ethics • Consider the Delio case: • What are the facts? • What is the “ethical” thing to do? • What did the court do? • Was the legal ruling in line with “proper” ethical conduct? • What values did the ruling advance? Chapter 1

  9. CHAPTER 1: LAW: PURPOSES AND SOURCES

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