Agenda 3mins: Scholarships 3mins: Essentials Questions 20mins: Discussion 60 Assignment MENTOR OPPORTUNITY Chapter 1

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CHAPTER 1 Laws and Their Ethical Foundation 12/5/2018 CHAPTER 1 Laws and Their Ethical Foundation 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws

Standard(s) BMA-LEB-2: Compare and contrast the relationship between ethics and law for a business. 2.2 Explain the major sources of law: constitutional law, statutory law, common law, regulatory law, and international law Chapter 1

1-1 Laws and Legal Systems Essential Question 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

Notes Chapter 1

WHAT IS LAW? Laws Code (Legal Code) Enforceable rules of conduct in a society Reflect culture and circumstances Established by gov’t to maintain stability and justice Code (Legal Code) Group of Laws Chapter 1

Think Pair Share If you were to create a society from scratch would you have laws? Would your laws protect people from themselves? Why or Why not?  What current American laws would you keep? Which current American laws would you abolish? Chapter 1

What does if there were no laws? Chapter 1

Where did we get our Laws from? Hammurabi, King of Babylon Hammurabi’s Code “Eye for an Eye” Criminal Law Property Law Business Law Family Law Personal Injury Labor Laws Chapter 1

Question “An Eye for an Eye leaves everybody blind” Agree or Disagree Chapter 1

4 Stages in the Growth Individuals take Revenge An authority substitutes an award for revenge Sovereign: Powerful leader Authority gives power to courts Authority acts to prevent and punish wrongs Chapter 1

Agenda 3mins: Scholarships 2mins: Recap 15mins: Book Distribution 2mins: Essentials Questions 2mins: Intro 15mins: Common Law Assignment 10mins: Discussion Chapter 1

4 Stages in the Growth Individuals take Revenge An authority substitutes an award for revenge Sovereign: Powerful leader Authority gives power to courts Authority acts to prevent and punish wrongs Chapter 1

Assignment Read page 1-5 of the Common Law vs Civil Law PDF and section1.1 in the book. Answer the following questions. Prepare a double bubble thinking map to compare and contrast civil and common law. Chapter 1

Agenda 3mins: Scholarships 2mins: Intro (common vs. positive law) 15mins: Discuss Questions 2mins: 2mins: Intro 15mins: Common Law Assignment 10mins: Discussion Chapter 1

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Common Law Vs. Positive Law Based on current standards or customs Formed by judges to settle disputes (usually) Positive laws Pre-emptive (Proactive) Created by central authority Aim to prevent disputes and wrongs Chapter 1

What is English Common Law? King Henry II King’s Bench Joe Steve Chapter 1

What is English Common Law? U.S system based on Colonists Ever-evolving system Adapts to changes in society Decision Based on PRECEDENT Previously decided cases Greatest Accomplishment: Uniformity Stability Chapter 1

What is English Common Law? Circuit Courts (Local) “Going to Court”: Seek a fair resolution of your legal dispute Juries Panel of citizens Interpret regional customs Jurisdiction Appellate Process Disadvantage: Requires high level of specific form and compliance. Technicalities Chapter 1

What is Civil Law? Roman-Based Local authority has more power Other Significant Base Local authority has more power Series of Statutes Louisiana Italy, Spain, Netherlands, Quebec Chapter 1

What are the advantages and disadvantages of a jury system? Non Lawyers Bias Human nature Peers? Peers Law of Averages Non Lawyers Randomness Chapter 1

Equity (Common law alternative) FAIRNESS = Equity Chancellors preside over equity courts (chancery) No Jury Common Laws Rules don’t apply Power to issue INJUCTIONS: forced stoppage Common law required wrong to occur before Judge can to take action Chapter 1

How does common law differ from positive law? Chapter 1

Assignment Edmodo (Pick 1 Maxim) 10 maxims (principles) applied in equity cases. Explain what you think each one means. (1-4 sentences) Partners Chapter 1

Agenda 3mins: Scholarships 7mins: Recap 15mins: Maxim Discussion 20mins: Self Directed Learnig Chapter 1

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Recap Law is…. A code is…. Our legal system is based on… Name of King responsible… Juries are… Jurisdiction is… Equity is… Common law vs. Positive Law? Advantage of common law? Chapter 1

Maxims (a)Who comes to equity must come with clean hands. In order to have a court of equity assist in a dispute, those who seek its help must have conducted themselves without wrongdoing and in a fair and equitable manner during the dispute. Chapter 1

Maxims (b)Who seeks equity must do equity. In reaching an equitable remedy, the party seeking assistance must be willing to compromise in an equitable manner. Chapter 1

Maxims (c)Equity will not suffer a wrong without a remedy. If an action is brought to a court of equity and it is found that a wrong of some sort has been done, the court will seek to remedy that wrong in some way. Chapter 1

Maxims (d)Equity abhors a forfeiture. When dealing in a court of equity, the courts want the parties to do what they are supposed to do. Having one party forfeit, or give up something that should be maintained, is not in keeping with equitable premises. Chapter 1

Maxims (e) Equity considers that done which ought to be done. If it is found that one of the parties should have done a particular thing and has not, the courts will do the equitable thing. Chapter 1

Maxims (f) Where there are equal equities, the first in time will prevail. Where both parties are at a relatively equal disadvantage, whoever seeks equity first wins. Chapter 1

Maxims (g) Equity looks to intent and not to form. In courts of equity, courts are not so bound by form over substance and how something is designed to be done. Instead, they can look at what actually happens, in disposing of the matter. Chapter 1

Maxims (h) Equity aids the vigilant and not one who slumbers on their rights. If someone has a cause of action and does not take advantage of it, the one who was more timely in pursuing rights will prevail. Chapter 1

Review For Quiz Its on Edmodo Law in the News Chapter 1