1. Chapter 1:
The Law and the Courts

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

3. 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.

4. 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

5. 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?)

6. 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?

7. 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

8. 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.

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

10. 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.

11. 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.

13. 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.

14. 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.

15. 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

16. 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.

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

18. 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

19. 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

20. Common Law
Common Law
Law Courts
Chancery Courts

21. 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

22. 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

23. 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

24. 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

25. Section 1.2
The Court System and Trial Procedures

26. 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.

27. 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

28. 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

29. 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.

30. Section 1.2 The Court System and Trial Procedures

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

32. 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.

33. 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.

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

35. 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.

36. 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

37. 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.

38. 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.

39. 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.