Law For Business And Personal Use Chapter 1-3 – Law, Justice, and You

Laws Enforceable rules of conduct in a society Protect individuals Settle disputes between individuals Reflect culture and circumstances that create them Our Laws Ch. 1 2

Origin of Our Legal System English Common Law – Developed from Customs (49 States) Used Jury to decide court cases Rule of Precedent – Stability in the law Doctrine of Stare Decisis provide uniformity Ability to adapt to changes in society Roman Civil Law (Louisiana) – Codes Our Laws Ch. 1 3

Sources of Law Three levels of government Constitutions Statutes Federal State Local Constitutions Statutes Administrative agencies Case law – Doctrine of Stare Decisis Our Laws Ch. 1 4

Conflicts In Laws Federal constitution supreme authority Laws unconstitutional if conflict with a constitution Must not exceed scope of powers delegated to governing body Must not be outside scope of powers or Jurisdiction People have power to change law through voting Our Laws Ch. 1 5

Criminal vs. Civil Laws Civil law redress wrongs against individual persons -- Torts One person has right to sue another Private wrongs against people or organizations Breach of Contract Criminal law governs laws citizens’ right to live in peace -- Crimes Crime is an offense against society Our Laws Ch. 1 6

Key Terms – Chapter 1 Case Law Civil Law Criminal Law Doctrine of Stare Decisis Jurisdiction Ordinances Statutes Our Laws Ch. 1 7

Ethics Defined Three elements of ethics decision Business ethics Deciding what is a right or wrong action Reasoned Impartial Applying same standard to everyone Business ethics Principles used in making business decisions without regard to profit maximization Ethics in Our Laws Ch. 2 8

Ethical Goals Reflected In Laws Consistent rules assure order and predictability To be just, arbitrary rules or laws must be Communicated in advance Applied consistently Ethics in Our Laws Ch. 2 9

Ethical Reasoning Consequence-Based Reasoning -- based on outcome of decision (good or bad) Rules-Based Reasoning- Based On Law or Religion Universalizing – Visualize everyone doing action Moral Rights – Rightful claims flowing from status as a human being Ethics in Our Laws Ch. 2 10

Ethics Expressed In Law Majority rule demonstrates consequence-based ethics Majority rule—elected representatives vote for laws acceptable to majority of people Majority rule can be unjust Civil rights demonstrates rule-based ethics Civil rights—personal, human rights recognized and guaranteed by constitution Ethics in Our Laws Ch. 2 11

Key Terms -- Chapter 2 Business Ethics Civil Disobedience Consequence-Based Reasoning Fundamental Ethical Rules Scofflaw Universalizing Ethics in Our Laws Ch. 2 12

Framing Documents Declaration of Independence Declaring unalienable rights of life, liberty, and the pursuit of happiness for individuals Articles of Confederation Charter of 13 sovereign states describing government of union U.S. Constitution Provided framework for federal government Adopted 1789 – when existence of U.S. truly began Bill of Rights First 10 amendments to Constitution grant personal rights Constitutional Rights Ch. 3 13

U.S. Bill Of Rights - Amendments Freedom of religion, speech, press, assembly, and redress of grievances Right to bear arms and have militia No quartering of soldiers Right to be secure against unreasonable searches (not right to privacy) Right to remain silent, be tried twice, and to receive fair compensation Constitutional Rights 14

U.S. Bill Of Rights - Amendments Right to speedy and public trial with defense counsel Right to trial by jury Protection from cruel and unusual punishment, prevents excessive fines Constitution doesn’t deny other rights not mentioned Powers not delegated to federal government remain with states Constitutional Rights 15

Civil Rights Based on 1st Amendment - Freedom of . . . Speech Press Assemble Personal, natural rights guaranteed by Constitution Separation of church and state Constitutional Rights 16

Due Process Of Law Guaranteed by 5th Amendment Legal rights May not be deprived of life, liberty, or property Legal rights Benefits a person justly entitled by law Legal duties Obligations or standards of conduct toward others enforceable by law Legal rights on one person impose legal duties on others Due process of law Fundamental fairness in compliance with laws Peripheral rights Not listed in Constitution but recognized by courts Constitutional Rights 17

More Constitutional Amendments Abolished slavery 13th Amendment Right to vote 15th Amendment - slaves 19th Amendment – women 24th Amendment – no poll taxes 26th Amendment – 18 years old Limited states’ powers 14th Amendment Barred states from depriving any person of life, liberty or property without due process of law Constitutional Rights 18

Branches Of Government Constitution created system of checks and balances Division and allocation of specific authority to each of the three basic branches of government Three branches Legislative Executive Judicial Constitutional Rights 19

Legislative Branch Congress Enacts legislation Senate – 2 representative each state House of Representatives – proportional to state population Both Senate and House must enact legislation Enacts legislation House has power to impeach an civil officer Senate must try impeachment cases Trials of government official for misconduct in office Constitutional Rights 20

Executive Branch President and Vice President Elected by Electoral College, not directly by people Electoral College delegates vote based on political party affiliation Political party Private organization of citizens who select and promote candidates for election to public office Were not specified in Constitution Approves legislation enacted by Congress Constitutional Rights 21

Judicial Branch Supreme Court Seven justices serve for life Determines constitutionality of legislation enacted by Congress Determines of President exceeds powers granted to Executive Branch Constitutional Rights 22

Changing The Constitution Amendments Change or alteration to a constitution Two ways to propose amendments 2/3 vote of House and Senate 2/3 of state legislatures call for constitutional convention Proposed amendment must be approved by 3/4 of the states Constitutional Rights 23

Forms Of Government Democracy Republic Every adult citizen votes on all issues Republic Representative democracy in which voters select representatives to legislative, executive, and judicial branches of government U.S. has a republic or representative democracy Constitutional Rights 24

Sovereignty Of States Sovereignty Freedom from external control 10th Amendment to Constitution acknowledges sovereignty of states to govern the citizens within its borders State laws may not be contrary to Constitution Powers kept by states Business and contract law Criminal and tort law Real property and probate law Domestic relations law Constitutional Rights 25

Powers Of Federal Government Granted by Constitution Responsible for National defense Regulation of interstate and foreign commerce Authority to establish post offices, coin money, and tax imports and exports. Constitutional Rights 26

Key Terms – Chapter 3 Due Process of Law Civil Rights Legal Duties Legal Rights Constitutional Rights 27