Business Law Essential Standard 1.00 Objective 1.01 Understand ethics, sources of law, and legal systems.

Ethics Rules used to determine the difference between right and wrong. Origins of Ethics: Greatest Good: Examines whether the action will cause the greatest good for the greatest number of people. The Golden Rule: “Do unto others as you would have them do unto you”.

Ethical Reasoning Consequential Ethical Reasoning: Alternative ways to change the current situation Evaluates each alternative Generates the greatest good Rule Based Ethical Reasoning: Fundamental ethical rule Either a recognized authority or human reasoning Acts themselves are judged as right or wrong Ethics as Reflected in U. S. Laws and the U.S. Constitution: Laws are judged to be right or good when they affect the majority of the people in a positive manner Consequential Ethical Reasoning-this type of reasoning first looks for alternative ways to change the current situation and then evaluates each alternative that generates the greatest good Rule Based Ethical Reasoning-using fundamental ethical rules of either a recognized authority or human reasoning, acts themselves are judged as right or wrong. Ethics as Reflected in U. S. Laws and the U. S. Constitution- In this system, laws are judged to be right or good when they affect the majority of the people in a positive manner.

Sources of Law The Constitution: U.S. Constitution: Principles by which its government operates 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. Bill of Rights. 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. The Constitution - spells out the principles by which its government operates. When constitutions are adopted or amended, or when the court interprets the constitution, then constitutional law is made. U. S. Constitution-The U. S. Constitution is the main instrument for allocating powers between the people and their governments primarily through the Bill of Rights. State Constitution-Sovereignty-The U. S. Constitution allocated power between the federal and state governments. However the Tenth Amendment acknowledges sovereignty for all states to govern their citizens with their respective borders.

Sources of Law English Common Law Statutory Law Case Law Result of custom-based laws being unified by courts in England. Statutory Law Act of a legislature that declares, prescribes, or commands something. Specific law, expressed in writing. Local statutes or laws are usually called "ordinances.“ Case Law Based on an appealed cases. Appellate court issues a ruling based on their decision. New rules in deciding the appealed case. Sets precedence for similar future cases. Administrative Law Body of rules created by government agencies (Ex. Federal Communications Commission) English Common Law-was the system that came into being as a result of custom-based laws being unified by a system of appellate courts in England. Statutory Law-An act of a legislature that declares, prescribes, or commands something; a specific law, expressed in writing. Local statutes or laws are usually called "ordinances.“ Case Law-Case law is usually based on an appealed case in which an appellate court issues a ruling based on their decision and new rules in deciding the appealed case as well as similar future cases. Administrative Law-Is the body of rules created by government agencies. (Ex. Federal Communications Commission)

The United States Legal System A System of Checks and Balances: Legislative Branch Consists of the U. S. Senate and the U. S. House of Representatives. Executive Branch Consists of the President and the Vice President, of the United States. 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. A System of Checks and Balances 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. Legislative Branch-the legislative branch consist of the U. S. Senate and the U. S. House of Representatives. Executive Branch-the executive branch consists of the President and the Vice President, of the United States. Judicial Branch-the judicial branch consist of the U. S. Supreme Court. This branch decides on the constitutionality of any statute passed by the legislative branch. This branch may also 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.

Federal 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 United States Marshal Service: Apprehend federal fugitives Protect the federal judiciary Operate the Witness Security Program Transport federal prisoners Seize property acquired by criminals through illegal activities Federal Law Enforcement Agencies Federal Bureau of Investigation (FBI)-The overall mission of the FBI is to uphold the law through the investigation of violations of federal criminal statutes. This mission is further divided into five functional areas: Criminal Law Enforcement; Foreign Counterintelligence; Investigative and Operational Support; Law Enforcement Services; and Direction, Control, and Administration United States Marshal Service-Among their many duties, they apprehend federal fugitives, protect the federal judiciary, operate the Witness Security Program, transport federal prisoners and seize property acquired by criminals through illegal activities.

Federal Enforcement Agencies Drug Enforcement Agency (DEA) Enforce the controlled substances laws and regulations of the United States Bring forward organizations and principal members of organizations involved in the growing, manufacturing, or distribution of controlled substances. 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 US. Drug Enforcement Agency (DEA)-The mission of the Drug Enforcement Administration (DEA) 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-Their primary mission is: prevent terrorist attacks within the United States; reduce the vulnerability of the United States to terrorism; and minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States."

State and Local Agencies North Carolina State Bureau of Investigation (SBI) Division of the N.C. Department of Justice. Assists local law enforcement with criminal investigations. 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. North Carolina State Bureau of Investigation (SBI)- The State Bureau of Investigation is a division of the N.C. Department of Justice and assists local law enforcement with criminal investigations. North Carolina State Highway Patrol-The North Carolina State Highway Patrol's primary mission is to reduce collisions and make the highways of North Carolina as safe as possible. This is accomplished through active patrol and enforcement of N. C. State statutes and laws for motor vehicle operation

State and Local Agencies N.C. Sheriff Departments (by county or jurisdiction): Responsible for the courts of the State. Acting as their bailiff and marshal. 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. N.C. Sheriff Departments (by county or jurisdiction)- The sheriff, in addition to his criminal justice responsibilities, is the only officer who is also responsible for the courts of the State, and acting as their bailiff and marshal. The sheriff administers and executes criminal and civil justice and acts as the ex officio detention officer for the jail. Police Departments (local)-a police officer within the corporate limits of their city or jurisdiction and one mile outside these limits, has the 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.