Chapter 1 4/15/2017 What is Law? “……still need the same protection from the conduct of others.” From what type of behaviors do we still need to be protected?

Chapter 1 4/15/2017 What is Law? “……still need the same protection from the conduct of others.” From what type of behaviors do we still need to be protected? Have students answer “What is Law?” – put answers on board – student write on back board Read “What is Law?” on page 5. Answer question above Behaviors that injure us in any way Physical – car accidents, work related Emotional – pain and suffering, Financial – loss of wages, damage to property Chapter 1

Chapter 1 Laws and Their Ethical Foundation
4/15/2017 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

1-1 Laws and Legal Systems
Chapter 1 4/15/2017 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 Very important to understand the development of law because it impacts how things happen in our current U.S. society Chapter 1

WHAT IS LAW? Enforceable rules of conduct in a society
Chapter 1 4/15/2017 WHAT IS LAW? Enforceable rules of conduct in a society Reflects the culture & circumstances that create them Laws grouped in an organized form are CODES Laws should be predictable and flexible – creates stability Must be enforceable to have meaning PG 13 movies created to conform to our changing acceptance of what is appropriate (16 Candles, Life of Brian, Uncle Buck rated PG because it wasn’t an R, but pushing the envelope of what is okay for little kids to see. Seat belts, texting, mandatory school age Find some weird laws….. Codes: Uniform Commercial Code, Rules of the Road, student handbook Hammurabi created for Codes of Law over 4000 years ago – we use the same concept today! Criminal law Property law Business law Family law Personal injury law Labor law Hammurabi, King of Babylon Chapter 1

Stages in the Growth of Law
Chapter 1 4/15/2017 Stages in the Growth of Law Individuals free to take revenge Wild West, little kids, Gangs Sovereign (Leader) acquires power……convinces the wronged to accept goods/money Sovereign gives this power to a system of courts Leader (central authority) acts to prevent/punish wrongs Vigilante Justice! Revenge can harm innocent bystanders (drive-by shootings) Leader needs to bring peace Sovereign cannot oversee all of the issues, appoints elders/scholars to hear cases. Sovereign still hears the big, important cases. Instead of righting the wrong, sovereign needs to take steps to PREVENT the behavior in the first place. Laws are created with matching punishment Chapter 1

Stages in the Growth of Law
Chapter 1 4/15/2017 Stages in the Growth of Law “The more insecure the society the more severe the criminal punishment” Agree or Disagree? Eye for an eye Steal? Chop off hand Slander? Cut out tongue Wild West – hang ‘em high! Witches – drown ‘em – if they die, not a witch, swim? WITCH and burn them at the stake. Chapter 1

Laws Laws should be both predictable and flexible.
Chapter 1 4/15/2017 Laws Reflect the wisdom-or lack thereof-of their creators Laws should be both predictable and flexible. In what ways are the rules at CLS predictable/flexible? In what ways are the rules at CLS predictable and flexible? A system of laws that is not predictable will not produce a stable society. Chaos, unrest, and the replacement of the system by one that can exercise control and restore peace will follow. Chapter 1

Laws What happens when a legal system is too controlling/rigid?
Chapter 1 4/15/2017 Laws What happens when a legal system is too controlling/rigid? What is the best system of laws? Overthrown – Arab Spring, Hitler Develops over time that is most in line with customs of the people Chapter 1

WHAT IS LAW? Common Law Positive Law
Chapter 1 4/15/2017 WHAT IS LAW? Common Law Positive Law Based on current standards & customs Evolves slowly, appropriate to current standards of the people Set forth by sovereign or other central authority to PREVENT disputes in the first place Chapter 1

WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM?
Chapter 1 4/15/2017 WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? Louisiana, Anyone? ROMAN CIVIL LAW Comprehensive codes Only changed by central government Judges must enforce them, not change them Louisiana established by France – Napoleonic Code derived from Roman Civil Law, then purchased by U.S. Chapter 1

Chapter 1 4/15/2017 WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? The rest of the U.S. uses….Anyone? ENGLISH COMMON LAW In the beginning……. Feudal barons settled disputes…. ……problems with this? Colonists from England brought the legal system they understood Barons made decisions for their regions, which were not the same in other regions. Rules changed as people moved about the country Difficult for the central government to control! Chapter 1

Chapter 1 4/15/2017 WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? ENGLISH COMMON LAW Then……. King’s (Queen’s) Bench Created Good Weather? Bad Weather? Jurisdiction – Power to decide a case Jury – to respect local customs/standards -- used local citizens 1150 King Henry II appointed judges to settle disputes Good weather? Travelled country to hear/settle disputes Bad weather? Stay in London to listen to appeals. What is an Appeal? Request a formal change to an official decision The King’s Bench heard the minor cases – the King’s Court always maintained jurisdiction to important cases King Henry II Chapter 1

Tell Me About Gwen and William…..
Chapter 1 4/15/2017 Tell Me About Gwen and William….. Ruling? Williams reaction? Then what? In William’s region, the right of way goes the person on the left. Gwen does not yield, because it is opposite in her region. Both suffer damages – Who is at fault and pay the damages? Judge from King’s Bench gathers facts and a jury. Ruling? Jury finds it more common to yield to the person on the right and rules in Gwen’s favor. William must pay her damages. William appeals due to his travels through the countryside. Takes his case to appellate court (must wait for bad weather) and prepares case for King’s Bench in London. William wins appeal, damages are reversed and from here on out, you must yield to the person on your left – even Gwen’s region! Chapter 1

English Common Law Advantages? Disadvantages?
Chapter 1 4/15/2017 English Common Law Advantages? Uniform, common laws, stability Precedents – use prior case law as guide to settle current case Disadvantages? Rigid adherence Only remedy of damages – harm must be done before action taken Can’t stop someone from doing harm – can only sue after it is done – no going back in some cases. Swimming Pool in neighbors yard, you have small children…….as a parent, what would you want? A fence! Common Law, must wait for child to be harmed before you can sue Chapter 1

Courts of Equity Originally only available to who?
Chapter 1 4/15/2017 Courts of Equity Originally only available to who? Addresses a major problem w/ Courts of Law Do not have to suffer damages Injunction Can also COMPEL specific actions US courts have merged the two Originally only available to the nobles who had the King’s ear Injunction – order to stop an action Swimming pool – compel neighbor to get a fence before harm is done!

Comparison of Courts Court of Laws Court of Equity
Chapter 1 4/15/2017 Comparison of Courts Court of Laws Court of Equity Provides monetary damages when that will repair wrong created by defendant Everything not covered in C.O.E. Jury Provides fairness & justice when money will not fix problem Family Law Probate Trusts Specific performance No Jury Family Law – custody of kids, money doesn’t matter! Probate – division of assets after death Trusts – wealth management (Michael Jackson’s children, gift versus inheritance tax) Legal Focus Page 16

Equity Equity = Fairness
Chapter 1 4/15/2017 Equity Equity = Fairness Use precedent cases for application of the law fairly. Fairness ≠ Same If you are gone for 2 days for sister’s graduation versus being gone for 2 days for surgery…..should each get the same number of make up days? Do I have to treat the cases the same? Chapter 1

On which early legal system is the U.S. legal system based?
Chapter 1 4/15/2017 On which early legal system is the U.S. legal system based? English Common Law Chapter 1

1-2 Types of Laws GOALS Identify the four sources of law
Chapter 1 4/15/2017 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

WHAT ARE THE SOURCES OF LAW?
Chapter 1 4/15/2017 WHAT ARE THE SOURCES OF LAW? Constitutions Statutes Case law Administrative law Chapter 1

WHAT ARE THE LEVELS OF GOVERNMENT?
Chapter 1 4/15/2017 WHAT ARE THE LEVELS OF GOVERNMENT? Federal State Local All create laws, but who has supremacy? The federal level is the highest law in the land. Chapter 1

Minimum Wage For instance: federal minimum wage is $7.25.
Chapter 1 4/15/2017 Minimum Wage For instance: federal minimum wage is $7.25. Illinois state is $8.25. Wisconsin state is $7.25 Illinois can be higher that the fed, but they can’t make Minimum Wage $7.00 Chapter 1

Constitutions Supreme Law of the Land
Chapter 1 4/15/2017 Constitutions Supreme Law of the Land Creates framework and relationship to the people U.S. Constitution and state constitutions apply concurrently Which is superior? U.S. Supreme Court overrides State constitutions Chapter 1

Constitutional Law Highest source of law
Chapter 1 4/15/2017 Constitutional Law Highest source of law Adopted Amended Interpreted (courts) U.S. Supreme Court is final interpreter All laws must be in line with Federal Constitution Chapter 1

Allocation of Power….. Between people and their government
Chapter 1 4/15/2017 Allocation of Power….. Between people and their government Bill Of Rights (1st Ten Amendments) What does this protect you from? Between Federal and State Governments Example: Commerce Foreign & INTERstate = Federal INTRAstate = State Among Branches of Government System of Checks and Balances Intramurals – within the school Chapter 1

Statutes Pending Legislation in Illinois
Chapter 1 4/15/2017 Statutes Pending Legislation in Illinois Laws enacted by legislative branches of state and federal (Congress) Inferior to the U.S. Constitution Elected officials represent the citizens Local governments create ordinances that effect their communities City sticker for car – no longer needed in Cary Trash stickers for pick up Night time parking Noise restrictions Curfew Chapter 1

Case Law NEW CASE LAW(S)
Chapter 1 4/15/2017 Case Law NEW CASE LAW(S) Laws enacted by judicial branches Trial ended and appeals exhausted Stare Decisis – “Let it Stand” Important Because: Don’t Start from scratch Biases have less chance to interfere Makes system more efficient More stability Who is not bound by Stare Decisis? Case law reflects new or more appropriate rules for society Technology has had a great impact Chapter 1

Precedents Why Overturn? Reasoning No Longer Valid Publicity
School Prayer Women in certain occupations Segregation Speed Limit Restrictions

Chapter 1 4/15/2017 Administrative Law Created by Legislature, controlled by Executive Branch Rules and regulations made by appropriately empowered Administrative Agencies Legislative Powers – create rules/regs Judicial Powers – hold hearings Food and Drug Administration regulations on dosage/labelling holds hearings to approve new medicines Department of Transportation Use of technology on plane, Chapter 1

What are the four sources of law?
Chapter 1 4/15/2017 What are the four sources of law? Chapter 1

What Happens When Laws Conflict?
Chapter 1 What Happens When Laws Conflict? 4/15/2017 Federal State Local So many levels of government, branches of government, agencies create laws, there is bound to be some conflicts! The U.S. Constitution is the Law of the Land! What source of law is the highest authority? Chapter 1

What Happens When Laws Conflict?
Chapter 1 What Happens When Laws Conflict? 4/15/2017 Constitutional Validity Unconstitutional means what? Is the U.S. Supreme Court the ultimate authority? Statute and Administrate Validity Constitutional? Does law exceed scope of power? Case Law and Validity Legislative body can nullify courts interpretation by rewriting statute U.S. Supreme Court has the final say, but is not the ultimate authority The people can amend the constitution Chapter 1

Which source of law in the United States is the highest authority?
Chapter 1 4/15/2017 Which source of law in the United States is the highest authority? Chapter 1

WHAT ARE THE MAIN TYPES OF LAWS?
Chapter 1 4/15/2017 WHAT ARE THE MAIN TYPES OF LAWS? Civil and criminal laws Procedural and substantive laws Business law Uniform business laws Chapter 1

TORTS CIVIL LAW CIVIL LAW Wrongs against individuals
Chapter 1 4/15/2017 CIVIL LAW CIVIL LAW Wrongs against individuals Police do not take action Seek remedy for wrongs done Wrongs against society Gov’t investigates/ prosecutes Conviction results in fines/ imprisonment/ execution TORTS Chapter 1

Some actions are both civil & criminal
Chapter 1 4/15/2017 Some actions are both civil & criminal Bill takes a watch from a counter display in a retail store and leaves the store without paying for it. A security guard gives chase and bumps into a pedestrian injuring her. Bill jumps into a stranger’s car, pulls a knife and orders her to help him escape. As they attempt to leave she hits a pedestrian and then a parked car. The guard catches up and pulls Bill out. Bill slashes the guard’s arm with his knife; takes off running….. Crimes: shoplifting, kidnapping, criminal assault, criminal battery, assault with a deadly weapon Civil (Torts): injuries to property (car and store’s inventory), injuries to people (guard, pedestrians) Shoplifting is a Tort of Conversion with actual (cost of item) and punitive (deter others) damages and the owner suffers the loss of merchandise Shoplifting is a crime because all citizens have to pay higher prices for goods (loss of merchandise, security systems) and it is a breach of peace. Chapter 1

PROCEDURAL SUBSTANTIVE
Chapter 1 4/15/2017 PROCEDURAL SUBSTANTIVE How legal rights and responsibilities must be exercised in the legal system What remedies are allowed Criminal Procedures? Civil Procedures? Defines legal rights and duties Defines crimes What is the difference between assault and battery? Procedural law issues are argued by the attorney before a judge rather than before a jury. The judge will decide procedural issues because they are questions of law. Failure to follow proper procedure can cause an otherwise winning case to be lost. Example: The time limitation for suing people is most states is 1 year. This is known as the statute of limitations. This is in place for fairness. It is not fair to bring a suit against someone after this time period because people cannot remember things forever. Witnesses to an automobile accident cannot be expected to recall what they saw ten years ago. One procedural law involves the right to a trial by jury, as outlined in the Bill of Rights. Another is the right to an attorney, even if you do not have enough money to pay for one. Chapter 1

Chapter 1 4/15/2017 Procedure Law Procedural law issues are argued by the attorney before a judge rather than before a jury. The judge will decide procedural issues because they are questions of law. Evidence issues such as hearsay “Objection your honor”. “On what grounds?” Failure to follow proper procedure can cause an otherwise winning case to be lost. Chapter 1

Chapter 1 4/15/2017 Substantive Law Substantive law defines duties, establishes rights, and prohibits wrongs. It is concerned with all rules of conduct. The law against taking another’s life is a part of substantive law. The law protecting you from discrimination in housing, schooling and the like is part of substantive law. Murder Theft Breach of contract Negligence Chapter 1

Chapter 1 4/15/2017 Business Law Covers rules that apply to business situations and transactions. Mostly Civil law Contracts (Breach) Commercial torts Cease & Desist Gator Mascot Criminal law for business activities Bernie Madoff Enron Martha Stewart Chapter 1

The Uniform Commercial Code - UCC
A uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practice. Is this good? Why? Makes doing business easier Uniformity

TYPES OF LAW Constitutional law Based on constitutions Statutory law
Chapter 1 4/15/2017 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

1-3 Ethical Bases for Laws
Chapter 1 4/15/2017 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

ETHICS is a decision…… .....Of right or wrong …..Is reasoned
Chapter 1 4/15/2017 ETHICS is a decision…… .....Of right or wrong Affects you or others …..Is reasoned Not emotion May use established authority as source The Law Religious texts …..Is impartial Applies to everyone Student who safety pinned his arm…..and nobody said a thing! Chapter 1

Consequences-based ethical reasoning
Chapter 1 4/15/2017 Consequences-based ethical reasoning Rightness or wrongness is based only on the results of the action. Particular acts have no ethical, or moral, character. It was right to do that, because I didn’t get caught. I did it because I was financially rewarded. I did it for justice. Who will be receiving “the good” often is a major consideration in this reasoning process. What is a major consideration in this reasoning process? Chapter 1

Rule-based ethical reasoning
Chapter 1 4/15/2017 Rule-based ethical reasoning Acts are judged to be either right or wrong. Example anyone? What are the STANDARDS FOR JUDGING based on? A recognized authority Frequently a religious source (ten commandments) Human reasoning Universalizing – what if everyone was doing this? Telling the truth is always right. Lying is always wrong. Is it okay to lie if the truth hurts? (Brad Sigsworth) Okay to steal bread if your children are hungry? Good consequences do not justify wrong or bad acts. For instance: You can’t justify lying because it produces good consequences. Chapter 1

Chapter 1 4/15/2017 Real World Business Enron Corporation employed approximately 22,000 people One of the world's leading electricity, natural gas, pulp and paper, and communications companies Claimed revenues of $111 billion in 2000. Offshore accounts were hiding losses for the company which the Executives and insiders at Enron knew about and the investors (stock holders) knew nothing about. Chapter 1

Real World Business Video
Chapter 1 4/15/2017 Real World Business In 2001 it was revealed that their accounting firm, Arthur Anderson, was practicing irregular accounting. Enron was on the verge of bankruptcy Enron shares dropped from over $90.00 to less than 50¢ Arthur Anderson, one of the world's top five accounting firms was dissolved. Video Chapter 1

Ethics Reflected in Laws
Chapter 1 4/15/2017 Ethics Reflected in Laws Both ethics based on consequences and ethics based on rules conclude that we are obligated to obey the law. Consequence based reasoning usually results in more people being injured than are benefited. Rule based reasoning, if we break the rule, we are breaking our promise to obey the rules, usually affects one person. Chapter 1

Ethics Reflected in Laws
Chapter 1 4/15/2017 Ethics Reflected in Laws MAJORITY RULE! (consequence-based) To be re-elected, representatives need to vote for the majority opinion of their people PROTECT WELL-BEING OF MINORITIES (rule-based) Individual rights preserved by the Bill of Rights Read paragraph that begins, “both ethics based…..” The U.S. Constitution is drawn from the values of the people who elect the majority of legislators making the rules and by the protections against the tyranny of the majority afforded the minority of the people by the Bill or Rights Chapter 1

Are YOU a Scofflaw? What are SCOFFLAWS? Examples?
Chapter 1 4/15/2017 What are SCOFFLAWS? Examples? Denver boot used to force people with unpaid traffic tickets to pay up! Are YOU a Scofflaw? Chapter 1

Tell me about Dr. Martin Luther King, Jr.
Chapter 1 4/15/2017 Tell me about Dr. Martin Luther King, Jr. Violate the law by engaging in acts of civil disobedience. Make the legal system more just Open, peaceful, protest Want to be arrested to test the validity of the law in court 1960’s Dr. Martin Luther King, Jr. lead a march in Birmingham Alabama, to protest racial segregation. He was arrested. Results – Many human rights were extended for the first time to several minority groups in this country. VIDEO Chapter 1

Civil Disobedience When is Civil disobedience ethical ?
Chapter 1 4/15/2017 Civil Disobedience When is Civil disobedience ethical ? A written law is in conflict with ethical reasoning No effective political methods are available to change the law The civil disobedience is nonviolent The civil disobedience does not advance a person’s immediate self-interest The civil disobedience is public and one willingly accepts the punishment for violating the law Chapter 1

PREVENT LEGAL DIFFICULTIES
Chapter 1 4/15/2017 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

PREVENT LEGAL DIFFICULTIES
Chapter 1 4/15/2017 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

Chapter 1 4/15/2017 WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? English common law King’s Bench Jury An example Advantages of English common law Equity: An alternative to common law Chapter 1

Chapter 1 4/15/2017 Compare and contrast criminal and civil law and substantive and procedural law. Chapter 1

In the U.S. system of democracy, how are ethics reflected in laws?
Chapter 1 4/15/2017 In the U.S. system of democracy, how are ethics reflected in laws? Chapter 1

How does common law differ from positive law?
Chapter 1 4/15/2017 How does common law differ from positive law? Common law is based on current standards and are formed by judicial rulings to settle disputes Positive law is more proactive – prevents disputes and wrongs before they can happen. Dictated from above Chapter 1

Chapter 1 4/15/2017 What is Law? “……still need the same protection from the conduct of others.” From what type of behaviors do we still need to be protected?

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Chapter 1 4/15/2017 What is Law? “……still need the same protection from the conduct of others.” From what type of behaviors do we still need to be protected?

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Presentation on theme: "Chapter 1 4/15/2017 What is Law? “……still need the same protection from the conduct of others.” From what type of behaviors do we still need to be protected?"— Presentation transcript:

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