Chapter 1 Overview Part 1: Process of Ethical Decisions Primary sources of U.S. Law Part 2: Understanding the Court System How the Legal System Works Difference between a Civil Trial and Criminal Trial

Foundations of law 5 main sources of the law Part 1 Foundations of law 5 main sources of the law

Chapter 1 –The Foundation of Law If people used ethical behavior all the time, there would be no need for laws. Ethics tell you what you ought to do. However, people don’t always do what they are supposed to, so governments create laws. A test to determine ethical conduct: “Whether the individual would want his or her family to know what he or she had done. Have students brainstorm answers and come up and write them on the board.

WHERE DO ETHICS COME FROM? What constitutes ethical behavior? Consider behaviors, character traits, and actions. How do conflicts of ethics arise in the law? Which one of the following - Greatest Good, Golden Rule, or Real- World Ethics guides your decision making most frequently? How do these elements play a role in ethical decision making? Describe an instance in which you have been affected by the unethical practice of a person, company, or business. Ask students how conflicts of ethics arise in the law? Accidents, theft, arguments, and physical disputes, etc., are all issues that the law attempts to correct but which are ethical in nature. Conflicts such as free press vs. fair trial: personal privacy vs. police duty; client confidentiality vs. public safety and truth vs. justice are just some of the ethical conflicts that confront the legal professional on a daily basis. Societal conflicts The greatest good The golden rule Real-world ethics

Ethical Character Traits Character traits can become a compass to help guide you when legal guidelines and moral rules do not help! Honesty – truthful when dealing with others Justice – treating people fairly and equally Compassion – caring about other people & the situation they are in Integrity – a willingness and determination to do the right thing

5 Main Sources of Law Constitutional Law Common Law Statutes and the Civil Law System Court Decisions Administrative Regulations

U.S. Supreme Court Justices

Constitutional Law A constitution is a country’s formal document that spells out the principles by which its government operates. The U.S. Constitution is the basis of all U.S. laws. It defines the fundamental rights of citizens. 3 branches of the U.S. government and their roles: Legislative Branch – known as Congress, they are responsible for passing the laws of our country Executive Branch – includes the President and all the departments of our country – responsible for ensuring that laws passed by Congress are upheld and followed. Judiciary Branch – Supreme Court Justices - responsible for interpreting the laws passed by Congress and adjudicating criminal cases in federal matters.

Common Law Common law is a set of laws made by the courts which provide a series of consistent rules that later courts must follow. Early American colonists came from England, so it was natural for them to use the common law of England. Court decisions were written down and a body of cases were developed. Judges could then refer to past cases (known as precedent) when making a decision.

Statutes and the Civil Law System The roots of civil law can be traced back to the Roman Empire in the 6th Century. Unlike common law, civil law is based on statutes rather than court decisions.

Examples of Vermont Statutes A statute is a law passed by a government body that has been made for the purpose of creating laws. The state’s governing body is called a legislature. Statutes that people do something : And…statutes state that people not do something :

Court Decisions Court-made law also called: Case Law Court Decisions Judge-Made Law Courts make laws in 3 ways: Common Law tradition – Decisions made by the highest court of a state become the law of that state. Interpreting statutes – Court must figure out what the statute means. Judicial Review – courts can decide whether laws conflict with the Constitution.

Administrative Regulations The body of rules created by government agencies. Administrative agencies are lawmaking bodies with limited powers delegated by Congress. Administrative agencies specialize in specific issues that require expertise.  Administrative agencies are established by Article 1 Section 1 of the Constitution. The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.