Presentation on theme: "Laws and Their Ethical Foundation Chp 1 Section 1-2"— Presentation transcript:
1 Laws and Their Ethical Foundation Chp 1 Section 1-2 Section 1-2 – Types of Laws in the U.S. systemlaws created at all three levels of government in the U.S. 1. federal 2. state 3. localForms of law in the U.S. include: constitutional, statutes, ordinances, case law, and administrative law
2 Laws and Their Ethical Foundation Chp 1 Section 1-2 ConstitutionDocument that sets forth the framework of a government and its relationship to the people it governs.Consitutional law is made when the constitution is amended or when courts interpret constitutions.Americans have both the U.S. constitution and a state constitutionU.S. constitution is the Supreme Law of the Land any federal, state, or local law is NOT valid if it conflicts with the federal constitutionSupreme Court is the final interpreter of the U.S. constitution
3 Laws and Their Ethical Foundation Chp 1 Section 1-2 Constitutions, cont.Allocate powers 1. between the people and their governments Bill of Rights, reserves the rights of citizens and protects them from actions of their governments 2. between states governments and the federal government Example: * federal government has power to regulate both foreign and interstate commerce * state government has power to regulate intrastate commerce
4 Laws and Their Ethical Foundation Chp 1 Section 1-2 Constitutions, cont.3. among the branches of the government there is a system ofchecks and balancesexecutive - executive can veto laws legislative - congress passes laws and establishes courts judicial - courts decide constitutionality of laws
5 Laws and Their Ethical Foundation Chp 1 Section 1-2 StatutesLaws enacted by the legislature: Congress at the federal level Legislature at the state levelOrdinancesPieces of legislation created by a town or city council or by a county board or commissiononly effective within boundary of that local government
6 Laws and Their Ethical Foundation Chp 1 Section 1-2 Case LawCreated by the judicial branch of a governmentMade after a trial has ended and one of the parties has appealed the result to a higher courtBased on legal issues arising from rulings made by the lower courtNew or more appropriate rules for future similar cases may be stated in the courts published rulingstare decisis - “let the decision stand” lower courts must follow established case law in similar cases
7 Laws and Their Ethical Foundation Chp 1 Section 1-2 Example of Case Law, p11Carol borrowed her stepfather’s car without his express permission. The police stopped her and discovered the car was not registered in her name. They then phoned her stepfather. When he said he did not know where his car was, Carol was arrested.At her trial, carol and her stepfather testified that she had his permission to use the car without asking each time. The trial judge nevertheless found Carol guilty of auto theft, which, the judge stated, occurs when one person takes the car of another without expressly asking permission.Carol appealed.The appellate court issued an opinion stating implied permission is enough, and, therefore, Carol’s conviction was overturned The appellate court’s ruling concerning implied permission then became state case law to be applied in similar cases.
8 Laws and Their Ethical Foundation Chp 1 Section 1-2 Administrative LawAdministrative agencies are governmental bodies formed to carry out particular laws. created by federal, state, and local legislaturesie: Social Security Admin., Food & Drug Admin., WSDOT, Kitsap County Dept. of Community Developmentusually controlled by the executive branchIf given legislative power: 1. they are authorized to create administrative laws called rules and regulations 2. able to hold hearings, make determinations of fact, and apply the law to particular cases
9 Laws and Their Ethical Foundation Chp 1 Section 1-2 Types of LawCivil LawWhen private legal rights of an individual(s) are violatedAllows individuals to seek legal remedies for wrongs done to themPolice do not take action in civil mattersDefendants are the accusedPlaintiffs are the accusers, the ones who had a lossLiable – term used if the defendant loses the casehave to pay compensation for lossIf a person is injured by another it is referred to as a tort. We will cover these later in the semester.
10 Laws and Their Ethical Foundation Chp 1 Section 1-2 Criminal LawOffense against society rather than an individual(s)The government investigates and alleged wrongdoing in the name of all people (society)Government will be the prosecutor if there is a crime and a suspect(s) can be foundDefendants are the accusedVerdict - term used for the outcome of the trialA guilty verdict will result in a fine, imprisonment, and in some states executionAn act can be a crime and civil offense since private injuries may be inflicted during a crime
11 Laws and Their Ethical Foundation Chp 1 Section 1-2 What’s Your VerdictJoe was a respiratory therapist in a nursing home. He controlled the ventilation equipment that kept some of his patients breathing. One day, to show the importance of his job to his girlfriend, Joe, without permission or warning, completely cut off the ventilator support to a severely ill patient. Within a few moments, the patient began to gasp for air and nearly lost consciousness before a nurse ordered Joe to restore the ventilator’s function.Did Joe violate civil law or criminal law or both? Be prepared to explain/backup your answer.
12 Laws and Their Ethical Foundation Chp 1 Section 1-2 Procedural Lawsets forth how rights and responsibilities can be legally exercised and enforced through the legal systemDetermine what remedies are available in a lawsuitDetermine whether equitable remedies are available, ie: injunctionStare decisis is a procedural law (let the decision stand)1. Civil Procedure – defines the process for enforcing the law when someone has committed a private offense2. Criminal Procedure – defines the process for enforcing the law when someone is charged with a crime
13 Laws and Their Ethical Foundation Chp 1 Section 1-2 Substantive LawDefines rights and dutiesConcerned with all rules of conduct except those involved with enforcementDefines the offenses, ie: murder, theft, breach of contract, etc.Business Lawcovers rules that apply to business situations and transactionsmost business transactions involve a merchant and a consumermainly concerned with civil laws governing contracts, property, and many other business-related areassometimes governed by criminal law, ie: price fixing or employee theft of material items
14 Laws and Their Ethical Foundation Chp 1 Section 1-2 6. Uniform Business LawsCommittees of legal experts have written model laws covering are such as sales, certain credit transactions, and business forms.States then had the opportunity to adopt these models in place of their current codesUniform Commercial Code (UCC) – widely adopted set of laws pertaining to business. (We’ll do more with this later.)