1. Chapter 1 Laws and Their Ethical Foundation
3/28/2017
Chapter 1 Laws and Their Ethical 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
Chapter 1
3/28/2017
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. Chapter 1
3/28/2017
WHAT IS LAW?
Enforceable rules of conduct in a society that reflects the culture and circumstances that create them.
The first law code set down 4,000 years ago is similar to that found in our current law codes.
Why?
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
3/28/2017
How does common law differ from positive law?
Chapter 1

7. WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM?
Chapter 1
3/28/2017
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
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?
Chapter 1
3/28/2017
On which early legal system is the U.S. legal system based?
Read “Cyber Law” on pg. 8 and discuss
Chapter 1

12. Assignment 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
Chapter 1
3/28/2017
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?
Chapter 1
3/28/2017
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
3/28/2017
What are the four sources of law?
Chapter 1

24. WHAT HAPPENS WHEN LAWS CONFLICT?
Chapter 1
3/28/2017
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
3/28/2017
Which source of law in the United States is the highest authority?
Chapter 1

30. WHAT ARE THE MAIN TYPES OF LAWS?
Chapter 1
3/28/2017
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. Chapter 1
3/28/2017
Compare and contrast criminal and civil law and substantive and procedural law.
Chapter 1

32. TYPES OF LAW Constitutional law Based on constitutions Statutory law
Chapter 1
3/28/2017
TYPES OF LAW
Constitutional law
Based on constitutions
Statutory law
Enacted by legislative bodies
Administrative law
Rule-makings by administrative agencies
Civil law
Addresses wrongs done to individuals
Criminal law
Addresses wrongs done to society
Procedural law
Deals with methods of enforcing legal rights and duties
Substantive law
Defines legal rights and duties
Business law
Rules that apply to business transactions
Chapter 1

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

34. 1-3 Ethical Bases for Laws
Chapter 1
3/28/2017
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)
Chapter 1
3/28/2017
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
Letter from a Birmingham Jail
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?
Chapter 1
3/28/2017
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
Chapter 1
3/28/2017
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
Chapter 1
3/28/2017
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