Our Laws and Legal System

1. Our Laws and Legal System Chapter 1 Adamson , John E., Law: for Business and Personal Use, 18edition

2. 1-1 Objectives • 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

3. Class Discussion With her stereo blasting, Clarisse began her drive home from school in her small pickup. She was soon pulled over by the police officer. The officer cited her for violation of the city’s noise ordinance. As he did so his voice was partially drowned out by the sound of jack hammers from a nearby construction site. Clarisse asked the officer why he had not cited the construction company as well. He replied that, even though the company was in violation, the noise ordinance had been put on the books to stop people from playing loud music in public, not to stop honest work. Source: Law for Business and Personal Use 18edition by John E. Adamson

4. What is Law? • Laws • Enforceable rules of conduct in a society. • Reflect the culture and circumstances that created them. • Code • Laws grouped into an organized form

5. Search Hammurabi… What were some of the more unusual parts of is Code? How many different laws were included?

6. Stages in Development of Law • Individuals take revenge for wrongs done to them • Gang-related shootings • Accept awards of money or goods as a substitute for revenge • Sovereign (individual who brings 2nd stage) • Court systems are formed • Central authority figure intervenes to prevent & punish wrongs

7. U.S. Law – Which State? • It is illegal to hunt birds from an airplane. • Tennessee • It is illegal for anyone other than a barber to advertise haircuts. • Michigan • It is illegal to forget to close a gate. • Nevada • Residents must bathe once a year. • Kentucky

8. U.S. Law – Which State? • One may not mutilate a rock in a state park. • Colorado • It is unlawful to lend your vacuum cleaner to your next door neighbor. • Denver • The dog catcher must notify dogs of impounding by posting, for three consecutive days, a notice on a tree in the city park and along a public road running through said park. • Denver

9. Common Law vs. Positive Law • Common Law (case law) • Law based on the current standards or customs of the people. • Positive Law • Law set down by a sovereign or central authority to prevent disputes from occurring. • Some examples of positive laws might include statutes, and ordinances. • Positive laws may be written and enacted by government lawmakers, and administrative agencies

10. Common Law or Positive Law? • In China, people have to pay a fine for having more than one child. • In Saudi Arabia, there are two highways between Jiddah and Ryadh. One of them is for Muslims, the other is for "infidels”. • All gondolas in Venice by law, must be painted black unless they belong to a high ranking official. • In Scotland, It is illegal to be a drunk while in possession of a cow.

11. Student Assessment • 1. Define the word Law. • 2. Define the word Code. • 3. In order, list the four stages in the development of law. • 4. Define Common Law. • 5. Define Positive Law. • 6. What type of law do you think U.S. Law is based on? Why?

12. Class Activity • Create a set of laws or codes of conduct for a fictional culture. (Have fun with it) • This set of laws must contain: • Five common laws that have arisen out of their culture. • Five positive laws that have been imposed on the people by the ruling class. • Write a paragraph describing a habit or characteristic that your family has that might seem quirky to an outsider.

13. Origin of Our Legal System • Two great systems of law in the world • English common law • Roman civil law • Trivia: Which state in the U.S. has a legal system that is not based on English common law? • 49 states are based on English common law Louisiana is based on civil law.

14. English Common Law • Different laws throughout England. • King Henry II (circa 1150) • The King’s Bench • Judges appointed by King Henry II • Jurisdiction: The power to decide a case. • Judges held court in villages (rode circuit). • Good weather months. • Judges heard cases on appeal in London. • Bad weather months. • Jury: Citizens chosen to help interpret that regions customs for court. • The jury system is a unique institution in English common law system.

15. English Common Law • Advantages of English Common Law: • Uniformity of law. • Ability to adapt to changes in society. • Precedent: The use of prior cases as a guide to deciding similar new cases. • Disadvantages of English Common Law: • A rigid adherence to proper form can arise. • i.e. Misspelled word or period. • Could only grant remedy for damages. • i.e. Inability to stop a wrong from happening.

16. Alternative to English Common Law • Equity: Fairness • Chancellor assigned by King • Usually a high clergyman • Conduct a hearing: • Different rules than common law court • No jury • Only accessible by nobles • Different remedies would be applied • Injunction: an order that prohibits something from being done • Given control over equity courts (created by King) • Access to equitable remedies for All citizens

17. Modern U.S. Law: • There are three states in the United States that administer law and equity separately. • Delaware. • Mississippi. • Tennessee.

18. Student Assessment • 1. What are the world’s two great systems of law? • 2. Define the word jurisdiction. • 3. Describe the Kings Bench and how it worked. • 4. Define the word equity. • 5. What could the chancellor do that the common law courts didn’t? • 6. What are the four sources of U.S. Law?

19. 1-2 Objectives • Identify the sources of law • Discuss how conflicts between laws are resolved • Compare and contrast criminal and civil laws, and substantive and procedural law.

20. Sources of U.S. Law 1. Constitutions (Federal and State) • Definition: A document that sets forth the framework of government and its relationship to the people it governs. • Allocation of power between the people and their government. • Bill of Rights: The first ten amendments. • Allocation of power between federal and state governments. • Federal governments regulate both foreign and interstate commerce. • State governments regulate intrastate commerce. • Allocation of power among branches of government. • Executive branch, legislative branch, judicial branch. • Checks and Balances: no branch gets too powerful.

21. Sources of U.S. Law • Federal Constitution created the Congress of the United States. • State Constitutions created the state legislatures. 2. Statutes • Definition: Laws enacted for their citizens by federal or state legislatures. • Elected representatives act for citizens and enact laws. • Delegate some legislative authority to local governments. (Cities, towns, counties etc.) • Ordinance: Local level legislation.

22. Sources of U.S. Law 3. Administrative Law • Administrative Agencies • Definition: Governmental bodies formed to carry out particular laws • Created by legislatures, controlled by the executive branch. • Sometimes given legislative powers. • Authority to create administrative laws (rules, regulations). • Sometimes given limited judicial powers. • Authority to hold hearings, make determinations of fact, and apply law to certain cases.

23. Sources of U.S. Law 4. Case Law • Created by the Judicial branch of governments. • Usually made when a trial has ended and one party has appealed to a higher court. • Appellate court publishes opinion which may state rules to be used in similar cases • Effectiveness arises out of doctrine of stare decisis (“let the decision stand”) • Lower courts must follow • Supreme courts are not bound by stare decisis.

24. 1-2 Class Activity: In small groups … • Research 1 source of law and present to class • Constitution (state, federal) amendments • Statutes • Case Law • Administrative agency • Include the following: • Definition/Description (from notes/book) • Example of a law (Precise wording and summary) • Current Article (extra credit) • Include Citation(s)

25. Student Assessment • 1. What are the four sources of U.S. Law? • 2. Who creates case law? • 3. What powers are administrative agencies sometimes given? • 4. Define statutes. • 5. Define ordinance. • 6. Who regulates interstate commerce?

26. When Laws Conflict • Federal Constitution • “The supreme law of the land”. • No federal, state, or local law is valid if it conflicts • Unconstitutional • Supremacy rules: • Federal Law > State Law > Local Law. • Constitutional Law > Statutory Law > Administrative Law.

27. Main Types of Laws • Civil Law • Group of laws that allow individuals to seek legal remedies for wrongs done to them. • Police do not take action in civil matters. • Applies to enforcing legal promises. • Applies when one person injures another. • Criminal Law • A crime is an offense against society. • Acting in the name of all the people, the government investigates an alleged wrongdoing • Result in fine, imprisonment, or execution • Violations can be both civil & criminal

28. Types of Law • Procedural Law • Methods of enforcing legal rights and duties. • Stare Decises is a form of procedural law. • Determine what remedies are available. • Civil procedure & criminal procedure. • Substantive Law • Defines rights and duties. • Concerned with all rules of conduct except those involved in enforcement.

29. Business Law • Covers rules that apply to business situations and transactions • Involve merchant and consumer • Largely civil law • Torts • Private wrongs against people or organizations. • UCC (uniform commercial code) • Widely adopted uniform business

30. 1-3 Objectives • Define Ethics • Compare and contrast consequences-based ethics with rule-based ethics • Discuss ways in which ethics are reflected in laws

31. What is Ethics? • Lisa found a $20 bill on the floor in the girl’s locker room at school. She bought her sister a gift with part of the money and put the rest of the money in her savings • Jimela found $20 on the floor in the girl’s locker room. She knew whoever lost the money would probably need it, so she turned the money in to the office. Who is displaying more ethical behavior? What would you have done?

32. Ethics 1. Decision about a right or wrong action. • To involve ethics, a decision must affect you or others in some significant way. 2. Decision is reasoned. • Not based on emotion. • People reason about right and wrong by referring to a written authority that provides consistency. 3. Decision is impartial • The same ethical standards are applied to everyone.

33. Business Ethics • Ethical principles used in making business decisions • Profit maximization • Supported by those who need a justification for actions that would hurt the general welfare.

34. Forms of Ethical Reasoning 1. Consequences-based ethical reasoning. • Determines rightness or wrongness based on on results of actions and how they affect the majority of the people involved. • Steps in consequential reasoning: • Describe alternative actions. • Forecast consequences. • Evaluate consequences. • Potential pitfalls: • Subjective definition of good (pleasure, love, justice, financial reward). • Who will be receiving “the good”.

35. Forms of Ethical Reasoning 2. Rules-based ethical reasoning. • Acts are judged to be right or wrong. • Steps in rules-based reasoning: • Must have a standard for judging. • Based on authority (Religious source). • Based on reasoning (Universalizing). • Universalizing: picturing everybody performing the same action and then assessing the result to see if it is irrational, illogical, or demeaning (i.e. cheating on tests). • Pitfalls: • Standards for judging are subjective.

36. Activity • Schoology Comment in Discussion Threads 1. Ethics A.Create your own comment for given scenario B. Comment on at least one of your classmates (different scenario) 2. Kevorkian

37. Ethics Reflected in our Laws • Laws judged to be right or good when they affect majority of people positively. • Greatest good for the greatest number of people. • Also protect well-being of minorities that might be taken advantage of by the wrong actions of the majority. • Protected by the constitution and civil laws. • We are obligated to obey the law both consequence and rules-based.

38. Ethics Reflected in Laws • Fidelity bond • Insurance policy that pays employer money in case of employee theft • Scofflaws • People who do not respect the law at all • Assess risks of being caught and punishment • Never ethically justified • Integrity • Capacity to do what is right in the face of temptation or pressure to do otherwise

39. Ethics Reflected in Laws • Civil Disobedience • Open, peaceful, violation of a law to protest its alleged injustice • Make legal system more just • Civil Disobedience Ethical when: • A written law conflicts with ethical reasoning • There are no political methods available to change the law • Nonviolent • Does not advance immediate self-interest • Public and one accepts the punishment for violating the law.

40. Chapter 1 Quiz Give the word for: • 1. Enforceable rules of conduct in a society. • 2. An order that prohibits something from being done. • 3. Private wrongs against people or organizations. • 4. Insurance policy that pays an employer money in case of theft. • 5. An offense against society. Define or describe: • 6. Scofflaw. • 7. Stare Decisis. • 8. Rules-based ethical reasoning.

41. Chapter 1 Quiz True or False: • 9. Business Law is largely civil law. • 10. Police take action in criminal and civil cases. • 11. Universalizing is part of consequence-based reasoning. • 12. Civil law applies when one person injures another. Answer the following questions: • 13. Describe the Kings Bench and how it worked. • 14. How do our laws reflect both consequence-based and rules-based ethical reasoning? • 15. What doctrine are lower courts bound to that the supreme courts are not?

42. Chapter 1 Quiz Extra Credit: • 16. Name an administrative agency. • 17. Give me an example of a case in which someone would be subject to both criminal law and civil law and explain why. • 18. Define precedent. • 19. Does adhering to stare decisis mean that courts follow precedent? • 20. What is universalizing?