CHAPTER 1. Laws and Their Ethical Foundation

Similar documents
Chapter One: Our Laws. Lessons: 1-1 Our Laws & Legal System 1-2 Types of Laws

Glossary of Terms for Business Law and Ethics

B-LAW 1: Law, Ethics, and the Courts 1

Good Morning Finance 270. Finance 270 Summer The Legal & Regulatory Environment of Business

coercive nature of law (i.e., not voluntary) rules of the sovereign (legitimate authority) backed by force Problem:

Hello! DO NOW: 1. Open up the notes on Google Docs for today. 2. Pick up your class notes copy and vocabulary sheets 3. DO NOW: Foundations of Law

Federal and State Court System CHAPTER 13

Chapter 4. Criminal Law and Procedure

Judicial Branch. Why this is important What do I do if I m arrested? What are my rights? What happens in court?

What is Law? Class Discussion: Chapter 1 Introduction to Law 1/4/2012. Period Timeframe Highlighted legal feature

Sources of Law. Example: U.S. Postal Service. The Constitution. The United States Code. Code of Federal Regulations. (Judicial Precedent) Court Cases

English for Lawyers and Law Students

Law as the. Foundation of Business. The Legal & Regulatory Environment of Business 16e. The United States is a nation of law. John Adams.

The Nature of the Law

Sources of Law STEP BY STEP. through pages one and two of the packet with the class. page three about civil and criminal types of law.

1. The primary objective of law is to maintain harmony, stability, and justice within a society.

TRANSCRIPT Protecting Our Judiciary: What Judges Do and Why it Matters

Roots of Canadian Law

Court Records Glossary

Weaknesses of the Articles of Confederation 1. Congress could not levy or collect taxes

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like?

UNIT 2 TEST REVIEW SHEET. Weaknesses of the Articles of Confederation 1. Congress could not levy or collect taxes

What exactly does it say? What is the law designed to do? What is the purpose (or intent) of the law?

Unit 7 Our Current Government

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2

HUMAN RIGHTS AND THE AMERICAN CONSTITUTION

BTT Syllabus Part A Subject areas relating to the QLD/CPE Foundation subjects August 2017

STAAR OBJECTIVE: 3. Government and Citizenship

Why Government? Activity, pg 1. Name: Page 8 of 26

Principles of Common Law 4 January 2017

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like? The Constitution s Table of Contents

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like?

BUSINESS LAW Chapter 3 PowerPoint Notes & Assignment Criminal Law

Questions. Hobbes. Hobbes s view of human nature. Question. What justification is there for a state? Does the state have supreme authority?

Hobbes. Questions. What justification is there for a state? Does the state have supreme authority? What limits are there upon the state?

Civics Quarter Assignment. Mr. Primeaux

Name: 8 th Grade U.S. History. STAAR Review. Constitution

FY Statistical Reference Guide 10-1

Glossary. FY Statistical Reference Guide 11-1

FY Statistical Reference Guide 10-1

CENTER FOR CRIMINAL JUSTICE RESEARCH, POLICY AND PRACTICE

Unit One Introduction to law

REPORTING CATEGORY 2: ROLES, RIGHTS & RESPONSIBILITIES OF CITIZENS

CHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life

Devolution (p. 34) (UCC) (p. 37)

CHARACTERS IN THE COURTROOM

Oregon State Bar Judicial Voters Guide 2018

Chapter 6 The Constitution and Business

No one has ever been a US citizen BY LAW of STATUTE.

Criminal Justice: A Brief Introduction Twelfth Edition

Learning Station #5 LEVEL ONE-13

Unit 2: A New Nation

Constitution Day Lesson STEP BY STEP

Benchmarks Activity 3

chapter30dispute Resolution Name

Crime Statistics Report July 2018

I Have Rights?! Name: Rights Activity p.1

The American Bar Association s 1 st Novel for Young Readers

Case: 5:16-cv JMH Doc #: 11 Filed: 07/20/16 Page: 1 of 9 - Page ID#: 58

Questions: 1. May Lawyer file an affidavit for change of judge against Judge X in Defendant s case?

Colorado and U.S. Constitutions

Civil vs Criminal Cases

Unit 6: A New Nation Study Guide

The Origins of political thought and the Constitution

THE ANSWER BOOK FOR JURY SERVICE

SUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)

Criminal Justice in America CJ Chapter 4 James J. Drylie, Ph.D.

Lecture 11: The Social Contract Theory. Thomas Hobbes Leviathan Mozi Mozi (Chapter 11: Obeying One s Superior)

The Federalist, No. 78

SUPCR 1106 FOR COURT USE ONLY

Unit 3 Branches & Levels of Gov t

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts

The Development of Democratic Ideas

A GUIDEBOOK TO ALABAMA S DEATH PENALTY APPEALS PROCESS

SEALING YOUR JUVENILE RECORDS

Lesson: The Manner in which a Democratic Society Resolves Disputes

RATIFICATION OF THE CONSTITUTION, FEDERALISTS VERSUS ANTI- FEDERALISTS AND THE BILL OF RIGHTS ELISEO LUGO III

Big Idea 2 Objectives Explain the extent to which states are limited by the due process clause from infringing upon individual rights.

70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System

AP Government Chapter 15 Reading Guide: The Judiciary

A Victim s Guide to Understanding the Criminal Justice System

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE June 18, 2008 Session

Unit US Constitution

SUPREME COURT RULE 37 AND NEW MUNICIPAL COURT MINIMUM OPERATING STANDARDS. "... it would be

1.2 Distinguish between common law and equity. 1.3 Distinguish between civil law and criminal law

Shanghai Jiao Tong University. LA200 Business Law

State and Local Judicial System. How and Why

Case 4:16-cv Document 1 Filed in TXSD on 12/28/16 Page 1 of 18

Supreme Court of Florida Summary for the Month of, Circuit County Pursuant to the Requirements of F.S

Name: Class: Date: Multiple Choice Identify the choice that best completes the statement or answers the question.

Chapter 4-1 Criminal Law

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT *

HOT SEAT QUESTIONS H.FRY 3/2009. We the People. Unit What were some differences between Europe and the American Colonies in the 1770 s?

TITLE 6 - COURTS CHAPTER 1 - COURTS AND PROCEDURES

Commercial Law Outline. 4 th Edition

Essential Question: What justifies the limitation or promotion of freedom?

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before LUCERO, BACHARACH, and McHUGH, Circuit Judges.

Controlling Pre Trial Publicity

ARBITRATION PROVISION

Transcription:

CHAPTER 1 Laws and Their Ethical Foundation

Section 1 Laws and Legal Systems

What is law? Enforceable rules of conduct in a society that reflects the culture and circumstances that create them.

4 Stages of Growth in Law 1. Individuals take revenge for wrongs done to them. * Gang Wars--Eye for an eye. 2. A powerful leader or other form of central authority substitutes an award of money or goods for revenge. *Authority forces injured parties to accept awards of $ or goods as a substitute for taking revenge.

3. The leader/authority gives power to a system or courts. *Too many cases not enough time. 4. The leader/authority acts to prevent and punish wrongs. *Prevents fires BEFORE they even start.

Common Law Laws are created based on the current customs of the people. Ex: After hearing a case, a judge decides it is illegal to grow marijuana in your backyard.

Positive Law Laws are handed down by authority to prevent disputes and wrongs from occurring in the 1 st place. *Similar to Roman Civil Law

Origin of the U.S. Legal System A. ENGLISH COMMON LAW B. ROMAN CIVIL LAW C. EQUITY: AN ALTERNATIVE TO COMMON LAW

ENGLISH COMMON LAW Barons acted as judges within their territories. Disputes (issues) were settled based on the local customs of the area. i. 1150-King s/queen s Bench created. i. Good weather-ride circuit. ii. Bad weather-stayed in London to appeal cases. ii. Juries created to keep cases in line with customs of the people.

Example pg. 7 William - left Jury said Gwen won. Gwen - right William fought it and won. Law is now changed

English Common Law Advantage Laws change with the needs of society Disadvantage Can create no stability in the law due to the ever changing rules. Roman Civil Law Written, well, organized, comprehensive sets of rules in code form.

Equity: an alternative to Common Law Instead of awarding goods or $ for winning a case, the judge would order an injunction Ex: Farmer decides to dam up a neighbor s stream. Judge orders farmer to stop building the dam and take it down.

Section 2 Types of Laws

Laws come from.. 1. Constitutions 2. Statutes (State Laws) 3. Court Cases (common law) 4. Administrative Regulations (Agencies)

1. Constitutions Sets the framework for the government and its relationship to the people it governs. * HIGHEST SOURCE OF LAW You are governed by: U.S. Constitution (overrules state constitution) State Constitution (each state has their own) Constitutional Law when constitutions are adopted (added) or amended (changed).

Powers of Constitutions Allocation of Power: 1. Between the People and Their Governments. *Bill of Rights 2. Between Federal and State Governments. *Fed controls Interstate Commerce 3. Among the 3 Branches of Government. o o o Legislative (creates) Executive (enforces) Judicial (interprets)

Federal constitution created.congress State constitution created state legislatures 2. Statutes- Laws enacted by legislatures at the state level. Ordinances: Laws at the local/city/town level.

3. CASE LAW Made after a trial has ended and a party appealed the result to a higher court. The effectiveness of case law arises out of the doctrine stare decisis which is Latin for let the decisions stand. It requires that lower courts must follow established case law in deciding similar cases.

4. Administrative Regulations Federal, state, and local legislatures all create administrative agencies = governmental bodies formed to carry out particular laws. Ex: Dept. of Motor Vehicles (DMV)

Validity of the 4 sources of Law 1. Constitutions- the Supreme law of the land. Any federal, state, local, or case law, or administrative decisions is NOT valid if it conflicts with the federal constitution and is considered unconstitutional

Validity continued 2. Statutes- Even though a statute or an ordinance may be valid, courts must check that these laws are within their scope of power. 3. Case Law- Not always the end of the road. A legislative body can always revise the statute.

Validity continued 4. Administrative Regulations- are reviewed by courts. The courts can null any rule an administrative regulation makes if they make it outside they scope of power.

Crime against individual Crime against society

Procedural Law Methods of enforcing legal rights & duties How & when police can make an arrest Substantive Law Defines legal rights & duties Defines offenses: what is murder, theft, burglary, etc..

Rules about business situations & transactions. *Civil Law

Uniform Commercial Code (UCC) a set of statutes governing the conduct of business, sales, warranties, negotiable instruments, loans secured by personal property and other commercial matters, which has been adopted with minor variations by ALL STATES EXCEPT Louisiana.

Section 3 Ethical Bases for Laws

ETHICS DECIDING what is right or wrong. A decision MUST affect you or others in a SIGNIFICANT way. Reasoned out usually by referring to a written authority that provides CONSISTENCY. Decisions is based on REASON, not emotion.

Besides being reasonable an ethical decisions should be impartial. Impartiality- same ethical standards apply to everyone. Business ethics ethical principles used in making business decisions. *Profit maximization

Consequence-Based Reasoning What is right/wrong is based only on the RESULT of the action. a. Look at the alternatives b. Forecast(predict) the consequences c. Find the greatest good.

Rule-Based Reasoning You are either right or wrong. Determined by: Authority figure Human reasoning Universalizing picturing someone else doing what you might do

Ethics Reflected in Laws Consequence-based is used in the United States Laws are deemed right/wrong based on how they affect the majority. *Bill of Rights Which can cause more problems Consequence or Rule based?

Fidelity bonds because you can t always trust who work for you. Scofflaw people who don t obey minor laws and don t care. *Speeding, running a red light

CIVIL DISOBEDIENCE Considered ethical when: Written law is in conflict with ethical reasoning No effective political methods are available to change the law Disobedience is non violent Disobedience is public and one is willing to accept the punishment for violating the law.