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Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 1 Laws and Their Ethical Foundation Chapter 1 Laws and Their.

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Presentation on theme: "Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 1 Laws and Their Ethical Foundation Chapter 1 Laws and Their."— Presentation transcript:

1 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 1 Laws and Their Ethical Foundation Chapter 1 Laws and Their Ethical Foundation Laws and Legal Systems Types of Laws Ethical Bases for Laws

2 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 2 Chapter 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

3 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 3 Chapter 1 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.

4 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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. Slide 4 Chapter 1

5 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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 peoples 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. Slide 5 Chapter 1

6 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 6 Chapter 1 How does common law differ from positive law?

7 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 7 Chapter 1 WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? Read Whats 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.

8 Law for Business and Personal Use © South-Western, a part of Cengage Learning English Common Law Slide 8 Chapter 1 Brought by colonist from England to the US Kings Bench Jury An example p. 7 Advantages of English common law

9 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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 Slide 9 Chapter 1

10 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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) Slide 10 Chapter 1 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

11 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 11 Chapter 1 On which early legal system is the U.S. legal system based? Read Cyber Law on pg. 8 and discuss

12 Law for Business and Personal Use © South-Western, a part of Cengage Learning Assignment Complete and turn in 1-1 Assessment (hand- written) Different Countrys Legal Systems: See handout Slide 12 Chapter 1

13 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 13 Chapter 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

14 Law for Business and Personal Use © South-Western, a part of Cengage Learning Whats Your Verdict Read Whats Your Verdict on p. 10 What part of the US Constitution contains most of these guarantees? Bill of Rights Slide 14 Chapter 1

15 Law for Business and Personal Use © South-Western, a part of Cengage Learning Laws are created at all three levels of government: Federal State Local Slide 15 Chapter 1

16 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 16 Chapter 1 WHAT ARE THE SOURCES OF LAW? Constitutions Statutes Case law Administrative law

17 Law for Business and Personal Use © South-Western, a part of Cengage Learning Constitution A document that sets forth the framework of a government and its 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 Slide 17 Chapter 1

18 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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 Slide 18 Chapter 1

19 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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 Slide 19 Chapter 1

20 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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. Slide 20 Chapter 1

21 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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. Slide 21 Chapter 1

22 Law for Business and Personal Use © South-Western, a part of Cengage Learning Administrative Law Rules and regulations made by appropriately empowered agencies (Administrative Agencies) Legislative branch delegates it power to agencies Rules have power of law Slide 22 Chapter 1

23 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 23 Chapter 1 What are the four sources of law?

24 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 24 Chapter 1 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

25 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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. Slide 25 Chapter 1

26 Law for Business and Personal Use © South-Western, a part of Cengage Learning Statutes and Validity Must be constitutional to be valid Slide 26 Chapter 1

27 Law for Business and Personal Use © South-Western, a part of Cengage Learning Administrative Regulations and Validity Can also be reviewed by courts Can be invalidated by courts Slide 27 Chapter 1

28 Law for Business and Personal Use © South-Western, a part of Cengage Learning Case Law and Validity A legislative body has the power to nullify a courts interpretation of a statute or ordinance by rewriting the statute Slide 28 Chapter 1

29 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 29 Chapter 1 Which source of law in the United States is the highest authority?

30 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 30 Chapter 1 WHAT ARE THE MAIN TYPES OF LAWS? Read Whats 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)

31 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 31 Chapter 1 Compare and contrast criminal and civil law and substantive and procedural law.

32 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 32 Chapter 1 TYPES OF LAW Constitutional lawBased on constitutions Statutory lawEnacted by legislative bodies Administrative lawRule-makings by administrative agencies Civil lawAddresses wrongs done to individuals Criminal lawAddresses wrongs done to society Procedural lawDeals with methods of enforcing legal rights and duties Substantive lawDefines legal rights and duties Business lawRules that apply to business transactions

33 Law for Business and Personal Use © South-Western, a part of Cengage Learning Assignment Complete Assessment 1-2 on p. 15 Questions 1-11 Slide 33 Chapter 1

34 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 34 Chapter 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

35 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 35 Chapter 1 ETHICS AND THE LAW What does Ethics mean? (Focus) Three elements of ethics 1.Decisions about right and wrong 2.Decision is reasoned (consistent and established) 3.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).

36 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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) Slide 36 Chapter 1

37 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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) Slide 37 Chapter 1

38 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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? Slide 38 Chapter 1

39 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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 (thats 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 Slide 39 Chapter 1

40 Law for Business and Personal Use © South-Western, a part of Cengage Learning 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. Slide 40 Chapter 1

41 Law for Business and Personal Use © South-Western, a part of Cengage Learning Breaking Laws Even if unethical, it can be tempting Some dont even obey minor laws Some assess the risk of being caught against the benefits Shows a lack personal integrity Slide 41 Chapter 1

42 Law for Business and Personal Use © South-Western, a part of Cengage Learning Civil Disobedience Some care passionately about ethical behavior, human rights, and justice They participate in an open, peaceful, violation of a law Protest its injustice Read Whats Your Verdict p. 16 Slide 42 Chapter 1

43 Law for Business and Personal Use © South-Western, a part of Cengage Learning Dr Kings belief on Civil Disobedience He believed its 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 Its public and one willingly accepts the punishment for violating the law. Slide 43 Chapter 1

44 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 44 Chapter 1 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.

45 Law for Business and Personal Use © South-Western, a part of Cengage Learning Assignment Ch 1-3 Assessment p. 19 Questions 1-9 Slide 45 Chapter 1

46 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 46 Chapter 1 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

47 Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 47 Chapter 1 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.


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