Objective 1.01 Ethics, Sources of Law & Legal Systems Business Law - Honors Objective 1.01 Ethics, Sources of Law & Legal Systems

Trolley Car / Doctor You are a Doctor Run-away Trolley Car – You are the driver Can not stop the trolley - 5 workers on track will die If you turn onto alternate track, 1 worker on that track will die Run-away Trolley Car – You are a bystander You are watching from bridge w/Very Fat Man If you push Fat Man onto track, he will die but you will save 5 workers You are a Doctor 5 people have minor Injuries – 1 person has severe Injuries If you work on the person w/severe injuries, he will live but the others will die If you work on the 5 with minor injuries, you will save them but the severely injured person will die 5 Need Transplants – each needs a different organ to live 1 Healthy person has all the needed organs but will die of you remove any.

Queen vs. Dudley & Stevens 1884 Thomas Dudley, Edward Stephens, Brooks, and Richard Parker were cast away in a storm while on an English yacht. The yacht was damaged by the storm forcing the four men to abandon it and escape in an open boat that belonged to that yacht. They had no supply of food and water except for two tins of turnips. On the fourth day they were able to catch a small turtle, which they completely consumed by the twelfth day. After twenty days, after eating only the turnips and the small turtle and being over 1,000 miles from land, Stephens and Dudley decided, without the consent of Brooks that they would kill and eat Parker. Parker was the youngest and weakest of them all. Parker did not consent to his killing, but he was too weak to resist. Dudley offered a prayer for forgiveness and then put a knife to Parker's throat and killed him. Dudley, Stephens, and Brooks all fed upon Parker's body for four days. On the fourth day they were rescued, but were not in good health. Newspaper Coverage Sketch of the Mignonette by Tom Dudley

Queen vs. Dudley & Stevens 1884 If the three remaining men had not fed upon Parker's body, they probably would have died of famine before they were eventually rescued. Parker would likely have died before them, because he was in a much weaker state. Upon returning to land, Dudley and Stephens were arrested and brought to trial. Claim that they acted out of necessity. One dies to allow others to live. Thoughts? The Lifeboat REFERENCE: Queen vs. Dudley The Euxine – Rescue Boat

Ethics What are Ethics? What is Ethical Reasoning?

Ethics Morality: involves the values that govern society’s attitude toward right and wrong Ethics: deciding what is a right or wrong action in a reasoned, impartial manner. rules used to determine the difference between right & wrong. Ethics are based around the following basics: Feelings and Opinions The Greatest Good The Golden Rule Consequential Reasoning Rule-based reasoning REFERENCE: Kohlberg Moral Reasoning

Feelings and Opinions Ethics are viewed as how a person feels about a certain situation Ethics may also be based on what opinions are expressed about certain situations

The Greatest Good The idea is that must people will base their opinion of ethics based on how a certain situation affects the greatest amount of people The more good that result, the more ethical the action taken The more bad the result, the less ethical the action taken Examples: Animal Testing, Soldiers during war.

The Golden Rule Do unto others as you would have them do unto you The heart of the golden rule is empathy Empathy: putting yourself in the other person’s position

Consequential Reasoning Evaluating each alternative and then making a decision Takes a look at the consequences of the action before making a decision on what way to act Looks at alternative actions and it gives the final outcome of each action

Rule Based Reasoning Rule Based Reasoning Acts themselves are judged as right or wrong based on an agreed upon set of rules or laws Rules based on recognized authority or human reasoning – majority vote, etc. Not always the most ethical decision

Ethics & US Law Ethics as reflected in the U.S. Laws and U.S. Constitution Laws are judged to be right or good when they affect the majority of the people in a positive manner. BLACKBOARD: Employment Decision Case BLACKBOARD QUIZ: Ethics True/False

Ethics Case Study John is a senior in high school and studied business and marketing. His summer job is as an intern with a marketing firm. One of the functions of his job is to do research regarding competitors of the firm’s clients. One particular assignment is unusually tough. John’s supervisor instructed him to do a telephone survey by contacting the client’s major competitors. However, when John notified the competitors that he worked for the firm, the respondents immediately declined to answer any questions. The deadline was quickly approaching and John needed to finish his assignment. When speaking to his supervisor, John told him what the problem was and that he was having a very difficult time getting responses.

Ethics Case Study John’s supervisor said, “Do what you need to do to get the information. Tell them you’re a high school student doing research for a class assignment.” Although apprehensive, John did as his supervisor suggested. The approach worked. The competitors were happy to help the “student” out and John was able to secure the competitive data that he needed. The client was extremely pleased. John is concerned about the manner in which he deceived the respondents when he called them, but thinks that this just might be the way business is done. Being only an intern, John doesn’t want to rock the boat, but he also wants to earn the respect of his new colleagues. What should John do?

DECA Case Study WORKSHEET: DECA Case Study

Sources of United States Law What are the sources of United States law?

Sources of Law The Constitution U. S. Constitution principles by which its government operates declaration – oral or written formal announcement adopted or amended constitutional law is made when the court interprets it U. S. Constitution main instrument for allocating powers between the people and their governments. Amendments - Bill of Rights. Original plus 11-27 Sixth – Right to Counsel Fourteenth – Equal Protection, Due Process REFERENCE: The U.S. Constitution REFERENCE: The Bill of Rights

Sources of Law State Constitution-Sovereignty Power between the federal and state governments Tenth Amendment acknowledges sovereignty for all states to govern their citizens with their respective borders.

Ethics & Sources Scenarios Sources of Law English Common Law A set of laws made by the courts which provide a series of consistent rules that later courts must follow(Precedent). U.S. adopted when gained independence Statutory Law act of a legislature or law that declares, prescribes, or commands something specific laws, expressed in writing to regulate activities for the public local statutes or laws are usually called "ordinances.“ BLACKBOARD QUIZ: Ethics & Sources Fill-in Blanks BLACKBOARD: Ethics & Sources Scenarios Fill-in Blanks

Sources of Law Case Law Administrative Law based on an appealed cases appellate court issues a ruling based on their decision sets precedence for similar future cases. Stare decisis – Latin for “let the decision stand” Administrative Law body of rules created by government agencies (EPA) (Ex. Federal Communications Commission) Worksheet: Gideon’s Trumpet

The U.S. Legal System The U.S. Legal System is based upon the Constitution, where laws are created and amended. The basis for the Constitution is to protect human rights. Our legal system is based upon three levels of government: Judicial: Led by the Supreme Court. The Supreme Court decides if the law being made is constitutionally correct. Legislative: Led by Congress. Congress is made up of the Senate and the House of Representatives. The Senate consists of two members from every state. The House of Representatives consists of members based on their population. Executive: Led by the President. Elected by vote of the people

The U.S. Legal System A System of Checks & Balances: Judicial Branch This system was set up to ensure that no single branch exceeded it’s authority when making laws, statutes or decisions that may be in violation of the U. S. Constitution. Judicial Branch consists of the U. S. Supreme Court decides on the constitutionality of any statute passed by the legislative branch. may decide if an action or decision by the Executive branch exceeds the powers granted under the Constitution. If so, this action or decision is void. Thompson v. State of North Carolina Supreme Court rejects Bill signed by Pres. Obama

The U.S. Legal System Legislative Branch Executive Branch consists of the U. S. Senate and the U. S. House of Representatives. Congressman Smith, House of Representatives Executive Branch consists of the President and the Vice President, of the United States. Pres. Obama signs bill into law.

Law Enforcement Federal & State Federal Law Enforcement Agencies Federal Bureau of Investigation (FBI) mission is to uphold the law through the investigation of violations of federal criminal statutes. divided into five functional areas: Criminal Law Enforcement Foreign Counterintelligence Investigative and Operational Support Law Enforcement Services Direction, Control, and Administration

Law Enforcement Federal & State Federal Law Enforcement Agencies United States Marshal Service(US Marshall) apprehend federal fugitives protect the federal judiciary – Supreme Court, etc. operate the Witness Security Program transport federal prisoners seize property acquired by criminals through illegal activities.

Federal Agencies Drug Enforcement Agency (DEA) mission is to: enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States. Department of Homeland Security prevent terrorist attacks within the United States reduce the vulnerability of the United States to terrorism minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States.

State & Local Agencies North Carolina State Bureau of Investigation (SBI) Top law enforcement agency in NC Division of the N.C. Department of Justice assists local law enforcement with criminal investigations Stealing money from State North Carolina State Highway Patrol reduce collisions and make the highways as safe as possible active patrol and enforcement of N. C. State statutes and laws for motor vehicle operation

State & Local Agencies (Cont.) N.C. Sheriff Departments (by county or jurisdiction) responsible for the courts of the State acting as their bailiff and marshall administers and executes criminal and civil justice and acts as the ex officio detention officer for the jail. Police Departments (local) within the corporate limits of their city or jurisdiction and one mile outside these limits same powers that are vested to all officers by statute and common law, to enforce the laws and statutes of the State of N. C. WORKSHEET: Agency Case Study WORKSHEET: Functions & Duties

International Legal Systems The Adversarial System (each side to a dispute presents its arguments for and against the issues involved, and victory goes to the party that persuades the judge or jury to their side) is one legal focus of the American people. This system is not shared by other countries. Other countries, many in Western Europe, support the fact-finding approach (victory is the primary objective). In many other countries, the court system is tied to legislative and executive branches. Some countries use religion as a basis for the law - such is the case in Saudi Arabia, where Muslim law is imposed upon the population.

Berberian vs Petit Berberian age 13, applies for and is refused a learner’s permit to drive an automobile. He is also denied permission to take the driver’s test. Under his state’s statutes, persons under the age of 16 may not obtain learner’s permits or take a driving test. Berberian claims the age requirement is unconstitutional and that it violates his right to equal protection under the 14th Amendment to the U. S. Constitution. Is Berbian correct? If so, then Why? If not, Why not?

Berberian vs Petit Berberian was not correct. The right to operate a motor vehicle is not a fundamental right but rather a privilege. Only rights that are guaranteed by the U. S. Constitution are fundamental. The right to operate a motor vehicle is a creation of state law and it is not guaranteed by the Constitution. The state has a legitimate interest in prevention the operation of motor vehicles by those unable to exercise mature judgment. His appeal was denied.

People vs. Case How would you decide? While driving through Lowell, NY, John passes a police radar speed checkpoint an d relays the following message on his CB radio. “There is a Smokey taking pictures up on Route 29.” A police officer monitoring a CB radio heard the message. John is arrested, charged and convicted of obstructing governmental administration. Under New York law, a person is guilty of that offense” when he prevents or attempts to prevent a public servant from performing an official function by means of interference or by means of an independently unlawful act.” How would you decide?

People vs. Case The appellate court reversed the lower court’s decision. Their decision said, “A CB radio message as to the location of a radar speed checkpoint does not constitute obstructing governmental administration.” The court went onto say that “interference” means physical interference and that “words alone do not constitute physical force or interference.” PROJECT: Federal & State Agencies