Chapter 1 Laws and Their Ethical Foundation 11/7/2018 Chapter 1 Laws and Their Ethical Foundation 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws Chapter 1

1-1 Laws and Legal Systems Chapter 1 11/7/2018 1-1 Laws and Legal Systems GOALS Explain the stages in the growth of law Describe the differences between common law and positive law Identify the origin of the U.S. legal system Chapter 1

WHAT IS LAW? Stages in the growth of law Chapter 1 11/7/2018 WHAT IS LAW? Stages in the growth of law Common law versus positive law Chapter 1

How does common law differ from positive law? Chapter 1 11/7/2018 How does common law differ from positive law? Chapter 1

WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? Chapter 1 11/7/2018 WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? English common law King’s Bench Jury An example Advantages of English common law Equity: An alternative to common law Chapter 1

On which early legal system is the U.S. legal system based? Chapter 1 11/7/2018 On which early legal system is the U.S. legal system based? Chapter 1

1-2 Types of Laws GOALS Identify the four sources of law Chapter 1 11/7/2018 1-2 Types of Laws GOALS Identify the four sources of law Discuss how conflicts between laws are resolved Compare and contrast criminal and civil law, and substantive and procedural law Chapter 1

WHAT ARE THE SOURCES OF LAW? Chapter 1 11/7/2018 WHAT ARE THE SOURCES OF LAW? Constitutions Statutes Case law Administrative law Chapter 1

What are the four sources of law? Chapter 1 11/7/2018 What are the four sources of law? Chapter 1

WHAT HAPPENS WHEN LAWS CONFLICT? Chapter 1 11/7/2018 WHAT HAPPENS WHEN LAWS CONFLICT? Constitutions and validity Statutes and validity Administrative regulations and validity Case law and validity Chapter 1

Which source of law in the United States is the highest authority? Chapter 1 11/7/2018 Which source of law in the United States is the highest authority? Chapter 1

WHAT ARE THE MAIN TYPES OF LAWS? Chapter 1 11/7/2018 WHAT ARE THE MAIN TYPES OF LAWS? Civil and criminal laws Procedural and substantive laws Business law Uniform business laws Chapter 1

Chapter 1 11/7/2018 Compare and contrast criminal and civil law and substantive and procedural law. Chapter 1

TYPES OF LAW Constitutional law Based on constitutions Statutory law Chapter 1 11/7/2018 TYPES OF LAW Constitutional law Based on constitutions Statutory law Enacted by legislative bodies Administrative law Rule-makings by administrative agencies Civil law Addresses wrongs done to individuals Criminal law Addresses wrongs done to society Procedural law Deals with methods of enforcing legal rights and duties Substantive law Defines legal rights and duties Business law Rules that apply to business transactions Chapter 1

1-3 Ethical Bases for Laws Chapter 1 11/7/2018 1-3 Ethical Bases for Laws GOALS Define ethics Compare and contrast consequences-based ethics with rule-based ethics Discuss ways in which ethics are reflected in laws Chapter 1

ETHICS AND THE LAW Basic forms of ethical reasoning Chapter 1 11/7/2018 ETHICS AND THE LAW Basic forms of ethical reasoning Consequences-based ethical reasoning Rule-based ethical reasoning Ethics reflected in laws Chapter 1

In the U.S. system of democracy, how are ethics reflected in laws? Chapter 1 11/7/2018 In the U.S. system of democracy, how are ethics reflected in laws? Chapter 1

PREVENT LEGAL DIFFICULTIES Chapter 1 11/7/2018 PREVENT LEGAL DIFFICULTIES As a citizen . . . When moving to a new location, find out how the laws in that county or city may affect you. Before beginning a new business, consult an attorney to learn about city, county, state, and federal laws and how they may affect you. Study business law so you can become an informed citizen who is knowledgeable about legal matters. Continued on the next slide Chapter 1

PREVENT LEGAL DIFFICULTIES Chapter 1 11/7/2018 PREVENT LEGAL DIFFICULTIES Recognize that fulfilling your duties as a citizen is the greatest guarantee of your maintaining your individual rights and liberties. These duties include: The duty to obey the law. The duty to respect the rights of others. The duty to inform yourself on political issues. The duty to vote in elections. The duty to serve on juries if called. The duty to serve and defend your country. The duty to assist agencies of law enforcement. Chapter 1