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Chapter 1 Laws and Their Ethical Foundation

Chapter 1 Laws and Their Ethical Foundation. 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws. 1-1 Laws and Legal Systems. GOALS Explain the stages in the growth of law Describe the differences between common law and positive law

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Chapter 1 Laws and Their Ethical Foundation

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  1. Chapter 1Laws and TheirEthical Foundation 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws Chapter 1

  2. 1-1 Laws and Legal Systems GOALS • Explain the stages in the growth of law • Describe the differences between common law and positive law • Identify the origin of the U.S. legal system Chapter 1

  3. WHAT IS LAW? • The first law code set down 4,000 years ago is similar to that found in our current law codes. • Why? Enforceable rules of conduct in a society that reflects the culture and circumstances that create them. Chapter 1

  4. Stages in the Growth of Law • Individuals are free to take revenge for wrongs done to them. • A leader acquires enough power to be able to force revenge-minded individuals to accept an award of goods or money instead. • The leader gives this power to a system of courts. • The leader or central authority acts to prevent and punish wrongs that provoke individuals to seek revenge. Chapter 1

  5. Common Law vs. Positive Law • Common Law is based on the current standards or customs of the people. • Usually formed from the rules used by judges to settle people’s disputes • Positive Law are laws set down by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place. Chapter 1

  6. How does common law differ from positive law? Chapter 1

  7. WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? • Read “What’s Your Verdict?” Pg. 6 • Is LaBonne Correct? • Two great systems of Law • English Common Law • Roman Civil Law • Roman Civil Law • Adopted, written, well organized, comprehensive set of statues in code form. Only changed by central government, not by judges. Chapter 1

  8. English Common Law • Brought by colonist from England to the US • King’s Bench • Jury • An example p. 7 • Advantages of English common law Chapter 1

  9. Equity: An Alternative to Common Law • Common Law courts follow precedent • Courts use prior cases as a guide for deciding similar cases • Following precedent helps to provide stability in the law Chapter 1

  10. Disadvantages of Early Common Law • Rigid adherence to proper form • Courts could only grant damages • Inability to stop wrong before it caused damage • Nobles could go directly to the King (unequitable) • King sensed a need for access to equitable remedies for all citizens, so he created a system of equity courts. • In the US today, law courts and equity courts are merged, except Delaware, Mississippi, and Tennessee Chapter 1

  11. On which early legal system is the U.S. legal system based? Read “Cyber Law” on pg. 8 and discuss Chapter 1

  12. Assignment • Begin vocabulary word list for chapter 1 (Key Terms on pg. 5) • Complete and turn in 1-1 Assessment (hand-written) • Different Country’s Legal Systems: • See handout Chapter 1

  13. 1-2 Types of Laws GOALS • Identify the four sources of law • Discuss how conflicts between laws are resolved • Compare and contrast criminal and civil law, and substantive and procedural law Chapter 1

  14. What’s Your Verdict • Read “What’s Your Verdict” on p. 10 • What part of the US Constitution contains most of these guarantees? • Bill of Rights Chapter 1

  15. Laws are created at all three levels of government: • Federal • State • Local Chapter 1

  16. WHAT ARE THE SOURCES OF LAW? • Constitutions • Statutes • Case law • Administrative law Chapter 1

  17. Constitution • A document that sets forth the framework of a government and it’s relationship to the people it governs. • Supreme law of the land • Creates governmental framework and relationship to the people • US Constitution and state constitutions apply concurrently • US Constitution superior to any and all state constitutions Chapter 1

  18. US Constitution, Article VI • Constitutions are the highest sources of law, and the federal Constitution is “the supreme law of the land” • Any federal, state, or local law is not valid if it conflicts with the federal Constitution. • Constitutions are concerned primarily with defining and allocating certain powers in our society Chapter 1

  19. Constitutions allocate powers: • Between people and their governments • Bill of Rights (First 10 amendments) • Between Federal and State Governments • Power to regulate both foreign and interstate commerce • Among the branches of Government • Executive, Legislative and Judicial • Ensures that no branch becomes too powerful Chapter 1

  20. Statutes • State and federal legislatures are composed of elected representatives of the people • Acting for their citizens, these legislatures enact laws called statutes • Local governments also can create legislation on matters. These pieces of legislation created by a town or city are referred to as ordinances. Chapter 1

  21. Case Law • The judicial branches of governments create case law. • Usually made after a trial has ended and one of the parties has appealed the result to a higher court. • The rules or opinions published by the appellate court are then used in deciding other cases like it. Chapter 1

  22. Administrative Law • Rules and regulations made by appropriately empowered agencies (Administrative Agencies) • Legislative branch delegates it power to agencies • Rules have power of law Chapter 1

  23. What are the four sources of law? Chapter 1

  24. WHAT HAPPENS WHEN LAWS CONFLICT? • Read p. 12 “What happens when laws conflict” • Legal Rules are used the determine which statement of the law is superior • Constitutions and validity • Statutes and validity • Administrative regulations and validity • Case law and validity Chapter 1

  25. Constitutions and Validity • Constitutions are the highest sources of the law, and the federal Constitution is “the supreme law of the land”. • If a local, state or federal statute conflicts with the constitution, it is not valid (unconstitutional) • These can be appealed to the highest court. • The people have the power to amend constitutions if they disagree with the courts interpretation. Chapter 1

  26. Statutes and Validity • Must be constitutional to be valid Chapter 1

  27. Administrative Regulations and Validity • Can also be reviewed by courts • Can be invalidated by courts Chapter 1

  28. Case Law and Validity • A legislative body has the power to nullify a courts interpretation of a statute or ordinance by rewriting the statute Chapter 1

  29. Which source of law in the United States is the highest authority? Chapter 1

  30. WHAT ARE THE MAIN TYPES OF LAWS? • Read “What’s Your Verdict” p. 13 • Civil and criminal laws • Is this Civil, Criminal or both? • Procedural and substantive laws • Business law • Mainly civil law • Uniform business laws • Uniform Commercial Code (UCC) Chapter 1

  31. Compare and contrast criminal and civil law and substantive and procedural law. Chapter 1

  32. Chapter 1

  33. Assignment • Complete Assessment 1-2 on p. 15 • Questions 1-11 Chapter 1

  34. 1-3 Ethical Bases for Laws GOALS • Define ethics • Compare and contrast consequences-based ethics with rule-based ethics • Discuss ways in which ethics are reflected in laws Chapter 1

  35. ETHICS AND THE LAW • What does Ethics mean? • (Focus) • Three elements of ethics • Decisions about right and wrong • Decision is reasoned (consistent and established) • Decision is impartial (fair) • An ethical decision is one that is reasoned out typically by referring to an established authority that provides consistency. (law is such an authority). Chapter 1

  36. Ethics (Continued) • Ethic decisions should be impartial • Impartiality is the idea that the same ethical standards are applied to everyone. • Business Ethics are the ethical principals used in making business decisions • Often not considered in business decisions (video) Chapter 1

  37. Forms of Ethical Reasoning • Read “In This Case” p. 16 • Basic forms of ethical reasoning • Consequences-based ethical reasoning • Right or wrong is based on the results of the action • Rule-based ethical reasoning • Acts are either right or wrong (judging comes from an authority [law] or human reasoning) Chapter 1

  38. What kinds of ethical decisions do you have to make? • Give some examples • Apply consequence based reasoning and rule based reasoning to each situation. • Compare the results • Is one superior to the other? Why? Chapter 1

  39. Ethics reflected in laws • Discuss “A Question of Ethics” p. 17 • Representatives must vote for laws that are acceptable to the majority of the people (that’s how they get re-elected). • Laws are judged to be right or good when they affect the majority of people positively (Consequence Based Ethics) • “Provides the greatest good for the greatest number” Chapter 1

  40. Ethics reflected in laws (continued) • Constitution also protects the well-being of minority groups. • Done through the first 10 Amendments (Bill of Rights) and other civil rights laws. • This reflects ethics based on rules. • Both consequence and rule based ethics conclude that we are obligated to obey the law. Chapter 1

  41. Breaking Laws • Even if unethical, it can be tempting • Some don’t even obey minor laws • Some assess the risk of being caught against the benefits • Shows a lack personal integrity Chapter 1

  42. Civil Disobedience • Some care passionately about ethical behavior, human rights, and justice • They participate in an open, peaceful, violation of a law • Protest it’s injustice • Read “What’s Your Verdict” p. 16 Chapter 1

  43. Dr King’s belief on Civil Disobedience • He believed it’s ethical when: • The law is in conflict with ethical reasoning • No effective political methods are available to change the law • It is nonviolent • Does not advance a persons immediate self-interest • It’s public and one willingly accepts the punishment for violating the law. Chapter 1

  44. In the U.S. system of democracy, how are ethics reflected in laws? Reflected in the Constitution which is drawn from the values of the people who elect the majority of the legislatures making the rules for our country. Chapter 1

  45. Assignment • Ch 1-3 Assessment p. 19 • Questions 1-9 Chapter 1

  46. PREVENT LEGAL DIFFICULTIES As a citizen . . . • When moving to a new location, find out how the laws in that county or city may affect you. • Before beginning a new business, consult an attorney to learn about city, county, state, and federal laws and how they may affect you. • Study business law so you can become an informed citizen who is knowledgeable about legal matters. Continued on the next slide Chapter 1

  47. PREVENT LEGAL DIFFICULTIES • Recognize that fulfilling your duties as a citizen is the greatest guarantee of your maintaining your individual rights and liberties. These duties include: • The duty to obey the law. • The duty to respect the rights of others. • The duty to inform yourself on political issues. • The duty to vote in elections. • The duty to serve on juries if called. • The duty to serve and defend your country. • The duty to assist agencies of law enforcement. Chapter 1

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