Chapter 1: The Law and the Courts

Where Does the Law Come From? Do you know the difference between right and wrong? How?

Morals vs Ethics Morality refers to a society’s values and beliefs about right and wrong. Ethics refers to the rules used to determine the difference between right and wrong.

Where Do Ethics Come From? The Greatest Good (utilitarianism) The Golden Rule Real-World Ethics (feelings/opinions) People just know instinctively Individuals decide what is right and wrong

The Greatest Good The greatest good for the greatest # of people Ethics The Greatest Good The greatest good for the greatest # of people Can be misapplied (is it okay to sacrifice 1 person to save 10?)

Real-World Ethics (Feelings/Opinions) Nathan comes from a poor family, while Erin’s family is wealthy. Nathan believes that Erin has more money than she needs. When she leaves her purse unattended in the school cafeteria, Nathan steals her billfold. Nathan defends the theft by saying that he feels he deserves the money more than Erin, who can always get more from her father. Isn’t stealing always wrong?

The Golden Rule (Do unto others as you would have them do unto you) Ethics The Golden Rule (Do unto others as you would have them do unto you) Apply empathy – put yourself in someone else’s shoes

The Golden Rule applied correctly: Ethics The Golden Rule applied correctly: Steve is the star pitcher on Franklin High School’s varsity baseball team. However, he is having a bad outing against the Vikings of St. Joseph High. Frustrated, Steve throws two pitches at St. Joseph’s best batter. When the umpire ejects Steve from the game, Franklin’s coach does not argue. Instead, he tells Steve, “You were wrong to throw those pitches at that kid. If it’s right for you to throw at their batters, then it would be right for their pitchers to throw at our batters.” Steve agrees that he would not want to be a pitchers target either. The Golden Rule gone wrong: When law tests are handed out in Mrs. Martin’s class, Max accidentally receives two copies of the exam. He fills out one and returns it, but keeps the other. After class, he gives the copy to his friend, Bob, who will have a chance to look at it before his afternoon law test. Max justifies his conduct by saying he would want Bob to give him the test if Bob had been the one to receive the extra copy.

Ethics So what about businesses and corporations? Are they bound by ethics too?

Social Responsibility of Business Decisions made by business have far- reaching effects on society. In the past, many business decisions were made solely on a cost-benefit analysis. “Bottom line” impact. Such decisions may cause negative externalities for others. Corporations owe some degree of social responsibility.

Theories Theory Social Responsibility Maximizing profits Social Responsibility of Business Theories Theory Social Responsibility Maximizing profits To maximize profits for stockholders. Moral minimum To avoid causing harm and to compensate for harm caused. Stakeholder interest To consider the interests of all stakeholders, including stockholders, employees, customers, suppliers, creditors, and local community. Corporate citizenship To do good and solve social problems.

Section 1.1 The Foundations of Law People do not always behave morally or ethically, so we need law. Law is a system of rules established by a government according to the values of society and having legal force.

Ethical and Legal Conflicts Law and Ethics Ethical and Legal Conflicts There are times where your ethics could be in conflict with the law. Clark is the editor of the Franklin High Herald. Rita tells Clark that another student is selling drugs on campus. She asks Clark not to reveal her identity in his news article or to the police. Clark agrees. When the article appears and the student is arrested, Clark has to testify at the trial. Clark refuses to identify Rita even though the judge orders him to do so. Clark is held in contempt of court and is fined Other examples might include: abortion, anti-war sentiment, etc.

There are five main sources of law: 5 Sources of the Law There are five main sources of law: constitutional law common law statutory law court decisions administrative law

US Constitution and State Constitutions Which do you think are more powerful? A constitution is a formal document that lays out the basic principles that govern society.

US Constitution The Supreme Law (Supremacy Clause) 1st 10 amendments = The Bill of Rights What are your rights? What does the 1st amendment guarantee?

1st Amendment-Freedom of Speech (+ religion, press, assembly) Bill of Rights 1st Amendment-Freedom of Speech (+ religion, press, assembly) Fully Protected Speech political, symbolic Limited Offensive speech, commercial (limited and restricted) Unprotected Dangerous, defamatory, obscene, child pornography

Establishes precedent 2: Common Law Common Law Common law is the set of laws created over time through customs and judgments by courts, which later courts must follow. Establishes precedent We know what will happen based on what has happened before

Common Law Common Law Law Courts Chancery Courts

3: Statutory Law Statutory Law Statutory law is the set of laws created by a governing body, called a legislature, whose purpose is to pass new laws. Congress makes the laws

Courts make laws in three ways: 4: Court Decisions Court Decisions Courts make laws in three ways: through the common law tradition by interpreting statutes through judicial review, or deciding whether some laws conflict with the Constitution

Court decisions also establish precedent Stare Decisis = To stand by the decision All cases with similar circumstances will be decided in a similar way The higher the court, the more important the precedent Roe v Wade Brown v Board of Education Miranda v State of Arizona

Administrative law is the set of laws created by government agencies. FTC, FDA, IRS, etc. They make their own rules Investigate their own rules Determine guilt/innocence of who violates their rules

Section 1.2 The Court System and Trial Procedures

Section 1.2 The Court System and Trial Procedures The United States has two major court systems: the federal and the state courts. The power a court has to hear a case and make a judgment is called jurisdiction.

Section 1.2 The Court System and Trial Procedures The federal court system consists of: district courts appellate courts special U.S. courts the Supreme Court

Section 1.2 The Court System and Trial Procedures Most state court systems consist of: local trial courts general trial courts special courts, such as juvenile courts intermediate appellate courts state supreme courts

Section 1.2 The Court System and Trial Procedures An appellate court is not a trial court, but reviews the decision of a lower court.

Section 1.2 The Court System and Trial Procedures

Section 1.2 The Court System and Trial Procedures Courts hear two types of cases: criminal civil

Section 1.2 The Court System and Trial Procedures Civil cases are brought by one individual against another. Criminal cases are brought by the government for offenses committed against the public.

Section 1.2 The Court System and Trial Procedures A civil case begins with one individual suing another. The plaintiff is the person bringing the lawsuit. The defendant is the person being sued.

Section 1.2 The Court System and Trial Procedures A criminal case begins with the arrest and arraignment of a person.

Section 1.2 The Court System and Trial Procedures An arrest is when a person is legally deprived of his or her freedom. An arraignment is when a person is read the charges and asked to plead guilty or not guilty.

Section 1.2 The Court System and Trial Procedures There are several steps to a trial: selecting the jury arguments and evidence by the lawyers judge’s instructions to the jury verdict and judgment

Section 1.2 The Court System and Trial Procedures If the defendant is found liable in a civil case, the plaintiff is granted a remedy, often in the form of money.

Section 1.2 The Court System and Trial Procedures If the defendant is convicted in a criminal case, the defendant is punished in the form of a fine, imprisonment, or both.

Section 1.2 The Court System and Trial Procedures In either case, if the defendant is found liable or convicted, the defendant has the right to appeal the judgment to an appellate court.