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 Morality- Involves the values that govern a group’s ideas about right and wrong  Ethics- refers to the rules used to determine the difference between.

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Presentation on theme: " Morality- Involves the values that govern a group’s ideas about right and wrong  Ethics- refers to the rules used to determine the difference between."— Presentation transcript:

1  Morality- Involves the values that govern a group’s ideas about right and wrong  Ethics- refers to the rules used to determine the difference between right and wrong

2 1) Greatest Good ◦ The action will cause the greatest good for the greatest number of people. ◦ The more good that results, the more right the action ◦ It is used incorrectly when people think only of their own good, or if a person sees only the good created for a small group. 2) Golden Rule ◦ “Do unto others as you would have them do unto you” ◦ Heart of the rule is EMPATHY- putting yourself in another person’s position. 3) Real-World Ethics ◦ There are moral rules that most people know instinctively, without thinking. Ex. Lying is wrong ◦ Sometimes you have to do something wrong, ex. Lie, to lead to the best result (ex. Save a life).

3  Honesty ◦ Character trait of someone who is truthful in dealings with others  Justice ◦ Treating people fairly and equally ◦ Everyone gets his or her fair share  Compassion ◦ Caring about other people and the situation they are in. ◦ Understand other people’s mistakes and motivations  Integrity ◦ A willingness and determination to do the right thing ◦ Stand up for their convictions even when many people are against them.

4 ◦ Government created laws because people don’t always do what they are supposed to ◦ Law- system of rules of conduct established by a country’s government to maintain stability and justice according to the values that are relevant to the country.  Defines the legal rights and responsibilities of the people  Can require certain actions, or forbid others. ◦ Ethics and law affect each other  Used to be ethically acceptable to have slaves, so there were laws that enforced it  No longer acceptable, laws had to be changed.

5 GO to page 9 and complete the “Business Ethics” activity.

6 1)Constitutional Law  Constitution- a country’s formal document that spells out the principles by which its government operates.  United States Constitution describes the three branches of the U.S. government  Sets up the limits within which the federal and state governments may pass laws.  Sets down the rights of the people.

7 ◦ Article I  Sets up the Legislative Branch of the government, Congress, which is responsible for passing laws for the country and lays out duties and requirements for serving in the federal government. ◦ Article II  Creates Executive Branch, which includes the President and all the different departments within the government  Responsible for ensuring that the laws passed by Congress are upheld and followed ◦ Article III  Describes the Judiciary Branch  Responsible for interpreting the laws passed by Congress and adjudicating (judge) criminal cases in federal matters and disputes between parties.

8 ◦ First three Articles cause a “checks and balances” system.  No one part of government is more powerful than the other. ◦ Other important Articles  Article IV (4)- Each state must accept the laws of other states.  Article V (5)- How laws are added to the Constitution (amendments)  Article VI (6)- Contains Supremacy Clause- U.S. Constitution and laws of the U.S. are highest laws in the country.  Article VII (7)- Explains how to approve the Constitution. ◦ Constitution has 27 amendments.  First 10 are called the Bill of Rights  13 TH Amendment- abolished slavery, 19 th Amendment- gave women right to vote, 26 th Amendment- lowered voting age to 18 years old.

9 Common Law  Set of laws made by the courts which provide a series of consistent rules that later courts must follow.  Judges use past cases to help them make decisions. Past cases are known as Precedent.  Precedent- A past case that a court follows when making a present decision.  Stare decisis (“Let the decision stand”)- relying on past court cases  Not used today that much. Statutes and the Civil Law System  Civil law is based on statutes, rather than court decisions.  Statute- a law passed by a government body that has been made for the purpose of creating laws.  Can order people to do something (ex. Wear seatbelts)  Can say people can’t do something, also known as a criminal statute (ex. Murder is a crime)

10 Federal Statute  Laws that are passed by the U.S. Congress and signed by the President State Statutes  State legislators cannot pass statutes that conflict with the U.S. Constitution or their own constitutions. (refer to example on page 13) Ordinances  Most local governments have the power to create laws that affect their citizens, laws known as ordinances.  Include things like parking fines and noise levels after a certain time of day.

11 Court Decisions ◦ Courts make laws, known as case law, court decisions, or judge-made law ◦ Courts make laws in three ways:  Common law tradition  Interpreting statutes  Judicial Review ◦ Creating laws-decisions made by the highest courts in the state must be followed by other courts in that state. ◦ Interpreting laws- when a statute is confusing, the court must figure out what it means.  Judge may not interpret a statute unless it is part of a case. ◦ Judicial review- courts decide if any law conflicts with the Constitution. Supreme Court has final say.

12 Chapter 1.2 The Court System and Trial Procedures

13  Federal ◦ Hear cases involving federal subjects ◦ Hear cases involving citizens from different states or from another country  State ◦ Powers not specifically granted to the federal government are reserved for the states. ◦ Have their own courts with their own rules

14  Jurisdiction- a court’s power to hear a case and to make a judgment 1.Actions in which the United States or one state is a party, except those actions between a state and its citizens 2.Cases that raise a federal questions, such as interpreting the Constitution 3.Cases, which involve citizens of different states and in which the amount of money in dispute exceeds $75,000 4.Admiralty cases, or those pertaining to the sea 5.Patent and copyright cases 6.Bankruptcy cases

15  Federal courts are arranged in three tiers. ◦ First tier is the U.S. District Court  Each state has at least one, many have more than one ◦ Second tier consists of the U.S. Courts of Appeals ◦ Third tier is the U.S. Supreme Court

16  Go to a computer and find the answer to these 2 questions: ◦ Who was the first African American appointed to the Supreme Court? ◦ Who was the first woman to serve on the Supreme Court, and when was she appointed?

17  District Courts ◦ Have original jurisdiction  A court has the power to hear a case for the first time. ◦ Most federal cases begin in one of the U.S. District Courts  Courts of Appeals ◦ Appellate courts of the federal system  Court that hears appeals and reviews cases from lower courts (can reverse court decisions)  Intermediate Courts- one that is between the lower courts and the highest court of a system.  Appellate jurisdiction- power to hear an appeal from a lower court  Panel of 3 judges, no witnesses, no evidence and no jury  Only questions of law can be raised, not fact (determine if law was properly applied.

18  Special U.S. Courts ◦ Special Federal Courts ◦ Have jurisdiction in certain kinds of cases ◦ Include lawsuits that are brought by citizens against the federal government  Supreme Court ◦ Highest court in the country. ◦ Consists of the Chief Justice of the United States and eight associate justices ◦ President chooses the justices, with Senate’s consent ◦ Justices serve for life ◦ Hear appeals, they choose which ones to hear (vote from 4 of 9) ◦ Two types of jurisdiction- appellate and original. ◦ Original jurisdiction in cases that involve ambassadors, consuls and other public ministers. Also in cases that involve a state.

19  Examine the makeup of the Supreme Court. Express your opinion about the age, race, or gender of the justices.

20  Local Trial Courts ◦ Limited jurisdiction (handles minor matters) ◦ Ex. Disputes over small amounts of money (small-claims court) ◦ Can be heard by traffic, police, or mayor’s courts.  General Trial Courts ◦ General jurisdiction ◦ Handles criminal and civil cases

21  Juvenile Courts ◦ Deal with juvenile offenders and children who need protection from the state. ◦ Up to age 18 ◦ Special jurisdiction (delinquent, unruly, abused and neglected children) ◦ Cases are sealed to protect privacy ◦ No right to trial by jury or to be released on bail ◦ Must be proof beyond a reasonable doubt to convict a child as an adult

22  Intermediate Appellate Courts ◦ Hear Appeals  When parties feel they did not have a fair trial  Judge did not interpret the law correctly ◦ Only hear appeals on questions of law  No witnesses  Judge listens to attorneys and study documents and records  State Supreme Courts ◦ Highest court in most states ◦ Hears appeals from lower courts, but does not hold a second trial ◦ Do NOT look at facts, just makes sure lower courts did not make a mistake with interpretation ◦ Some cases may be appeals to U.S. Supreme Court

23 MARBURY vs MADISON CASE STUDY


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