Business Law Knowing About the Law Chapter 1

Your view of the legal system… Family Experiences Family Experiences McDonald’s case McDonald’s case Frivolous law suits Frivolous law suits Disagreements where you thought your rights were violated Disagreements where you thought your rights were violated Personal Experiences involving law enforcement Personal Experiences involving law enforcement

Justice Journal, pg. 3 Birthday Bonus – You received a popular computer game for your birthday. When your friends found out, they asked you to burn a copy for them on your CD writer. Birthday Bonus – You received a popular computer game for your birthday. When your friends found out, they asked you to burn a copy for them on your CD writer. In your Justice Journal, write about the legality of copying the program, the ethical dilemma you face, and what would you tell your friends. In your Justice Journal, write about the legality of copying the program, the ethical dilemma you face, and what would you tell your friends.

The Opening Scene, pg. 5 Starting in this chapter you will meet Jamila and Trai, who attend New Hope High School. They are having a discussion in their sixth-period law class, taught by Mrs. Ovelia Martinez. Starting in this chapter you will meet Jamila and Trai, who attend New Hope High School. They are having a discussion in their sixth-period law class, taught by Mrs. Ovelia Martinez.

Terms and Definitions Morality-involves the values that govern a society’s attitude toward right and wrong. Morality-involves the values that govern a society’s attitude toward right and wrong.

Terms and Definitions Ethics- are the means for determining what a society’s values ought to be. Ethics- are the means for determining what a society’s values ought to be.

Terms and Definitions Honesty- Character trait of a person who is open and truthful in dealings with others Honesty- Character trait of a person who is open and truthful in dealings with others

Terms and Definitions Justice- Treating people fairly and equally. Justice- Treating people fairly and equally.

Terms and Definitions Compassion- When someone is sympathetic to the difficulties of others and wants to help alleviate their problems Compassion- When someone is sympathetic to the difficulties of others and wants to help alleviate their problems

Terms and Definitions Integrity- When a person is willing to do the right thing, regardless of the personal consequences. Integrity- When a person is willing to do the right thing, regardless of the personal consequences.

Terms and Definitions Law- is the system of rules of conduct established by the government of a society to maintain stability and justice. Law- is the system of rules of conduct established by the government of a society to maintain stability and justice.

What are the legal issues? Where do our morals and ethics come from? Where do our morals and ethics come from? Should ethical decisions be based on a persons feelings or opinions? Should ethical decisions be based on a persons feelings or opinions? Do you think ethical and legal issues ever conflict? Do you think ethical and legal issues ever conflict? Have ethical standards changed in society? Do laws change? Have ethical standards changed in society? Do laws change?

How Ethical Decisions are Made Feelings and Opinions The Greatest Good The Golden Rule Ethical Character Traits

How Ethical Decisions are Made Some people can “feel” what is right or wrong Some people can “feel” what is right or wrong Others have opinions on what is right or wrong Others have opinions on what is right or wrong Example 1, pg. 6 Example 1, pg. 6 The Problem with this: The Problem with this: If ethics are just a matter of opinion or feelings, than no one can ever do anything that is wrong If ethics are just a matter of opinion or feelings, than no one can ever do anything that is wrong

How Ethical Decisions are Made Two basic forms of ethical reasoning Two basic forms of ethical reasoning Consequences-based Consequences-based Rightness and wrongness is based only on the results of the action. An act that produces good consequences is good and an act that produces bad consequences is bad. Rightness and wrongness is based only on the results of the action. An act that produces good consequences is good and an act that produces bad consequences is bad. Rule-based Rule-based Acts are considered either right or wrong. For example: Telling the truth is always right, and lying is always wrong. Good consequences do not justify wrong or bad acts. Acts are considered either right or wrong. For example: Telling the truth is always right, and lying is always wrong. Good consequences do not justify wrong or bad acts.

So…….. We also have the Greatest Good to guide us in ethical decision making. We also have the Greatest Good to guide us in ethical decision making. Will the action create the greatest good for the greatest number of people? Ex) Seatbelts Will the action create the greatest good for the greatest number of people? Ex) Seatbelts The problem with this…it is often misapplied The problem with this…it is often misapplied Example 2, pg. 7 Example 2, pg. 7

So… We turn to the Golden Rule We turn to the Golden Rule “Do unto others as you would have them do unto you” “Do unto others as you would have them do unto you” “Would I want to be treated this way?” “Would I want to be treated this way?” Example 3, pg. 9 Example 3, pg. 9 The problem with this: The problem with this: Difficult to fully understand Difficult to fully understand Some abuse the rule by placing their own self interest first Some abuse the rule by placing their own self interest first Example 4-7 pgs. 9 and 10 Example 4-7 pgs. 9 and 10

Ethical Character Traits All of the above are easy to follow if the person making the ethical decisions has the necessary ethical character traits All of the above are easy to follow if the person making the ethical decisions has the necessary ethical character traits HONESTY HONESTY JUSTICE JUSTICE COMPASSION COMPASSION INTEGRITY INTEGRITY Figure 1.1 pg. 11 Figure 1.1 pg. 11

Why is Law Necessary? Ethics tell us what we ought to do Ethics tell us what we ought to do Law is needed because people do not always do what they should Law is needed because people do not always do what they should Law cannot always make people do what is right. Law cannot always make people do what is right. However, law does have the power to punish people for doing things that are wrong. However, law does have the power to punish people for doing things that are wrong. Example 8, pg. 12 Example 8, pg. 12

Ethical and Legal Conflicts Ethics and law will sometimes conflict Ethics and law will sometimes conflict Example 9, pg. 13 Example 9, pg. 13

Justice Journal Is this cheating? Is this cheating? How could this have been turned around to become ethical? How could this have been turned around to become ethical?

Class Work Case Study worksheets 1-7 in groups Case Study worksheets 1-7 in groups Vocabulary Chapter 1, Section 1 Vocabulary Chapter 1, Section 1

Happy Weekend! Discuss Case Studies Discuss Case Studies Justice Journal Justice Journal Questions Questions Review Review Class Work Class Work

Justice Journal Is it ethical to keep animals in zoos? Is it ethical to keep animals in zoos? Is it ethical to advertise cigarettes to kids? Is it ethical to advertise cigarettes to kids?

What do you think?? Can you see how people’s feelings and opinions can cause differences in ethical decisions? Can you see how people’s feelings and opinions can cause differences in ethical decisions? Do you think the law is necessary in the 2 nd ethical question above? Do you think the law is necessary in the 2 nd ethical question above?

It’s A Question of Ethics In your Justice Journal, answer the question on pg. 12 In your Justice Journal, answer the question on pg. 12

3 Question Review 1. Jacklyn and Min are not the best of friends. They come from different cultures and care very little about what happens to each other. While playing softball on opposing teams, Jacklyn’s teammate Lakisha tagged Min out at 2 nd base. Jacklyn, who was playing short stop saw that Lakisha’s foot was not on the bag and pronounced Min safe. Which ethical principal was Jacklyn applying? 1. Jacklyn and Min are not the best of friends. They come from different cultures and care very little about what happens to each other. While playing softball on opposing teams, Jacklyn’s teammate Lakisha tagged Min out at 2 nd base. Jacklyn, who was playing short stop saw that Lakisha’s foot was not on the bag and pronounced Min safe. Which ethical principal was Jacklyn applying?

3 Question Review (continued) 2. Describe the character trait of justice. 2. Describe the character trait of justice. 3. Define law. 3. Define law.

Class Work Vocabulary Chapter 1, Section 2 Vocabulary Chapter 1, Section 2 Skim pages for tomorrow’s discussion Skim pages for tomorrow’s discussion

Today’s Agenda Discuss – Chapter 1, Section 2 Discuss – Chapter 1, Section 2 Class Work Class Work Review Review

Justice Journal Write one brief paragraph explaining all that you know about one state or federal law. Write one brief paragraph explaining all that you know about one state or federal law. Ideas: driving, drinking, paying taxes, voting Ideas: driving, drinking, paying taxes, voting

Just Wondering… Do you know where today’s laws come from? Do you know where today’s laws come from? Do you know how they were formed? Do you know how they were formed?

Sources of Law Law in the U.S. comes from 5 main sources Law in the U.S. comes from 5 main sources 1. Federal and State Constitutions 2. English Common Law 3. Statutes 4. Court Decisions 5. Administrative Law

Constitutional Law Constitution- Document that spells out the principles by which the government operates. Articles I, II, III Articles I, II, III 3 branches of the Federal Government 3 branches of the Federal Government Article IV Article IV Relations among states Relations among states Article V Article V How the constitution can be amended or changed How the constitution can be amended or changed Article VI – Supremacy Clause Article VI – Supremacy Clause The U.S. Constitution and the laws of the U.S. are the Supreme laws of the land The U.S. Constitution and the laws of the U.S. are the Supreme laws of the land Article VII - Ratification Article VII - Ratification

Constitutional Law Bill of Rights- The first TEN amendments of the Constitution ratified in They limit the power of government. The purpose of the Bill of Rights is to protect two kinds of rights: rights of individual liberty and rights of persons accused of crimes. Bill of Rights- The first TEN amendments of the Constitution ratified in They limit the power of government. The purpose of the Bill of Rights is to protect two kinds of rights: rights of individual liberty and rights of persons accused of crimes.

State Constitutions Each state has its own constitution Each state has its own constitution It is… It is… More Protective More Protective Narrower Narrower More Restrictive More Restrictive

Common Law - *except Louisiana In early English history, judges or Justices traveled around the countryside deciding cases. In early English history, judges or Justices traveled around the countryside deciding cases. They shared their decisions with other judges so that they could all share the same law. They shared their decisions with other judges so that they could all share the same law. These laws were written down to be referred back to. These laws were written down to be referred back to. These first cases were known as precedents. These first cases were known as precedents. Concept Development – “Precedents at home” Concept Development – “Precedents at home”

Statutory Law Laws passed by Congress, State Legislature, Local City Councils or Town Meetings Laws passed by Congress, State Legislature, Local City Councils or Town Meetings Found in State and Federal Statutes, city ordinances and town bylaws Found in State and Federal Statutes, city ordinances and town bylaws Federal Statutes – passed by U.S. Congress Federal Statutes – passed by U.S. Congress May not pass laws that conflict with the U.S. Constitution or would be considered unconstitutional (same applies to state statutes) May not pass laws that conflict with the U.S. Constitution or would be considered unconstitutional (same applies to state statutes)

Court Decisions Courts make law Courts make law Case law, court decisions, judge-made law Case law, court decisions, judge-made law Courts make law in 3 ways Courts make law in 3 ways 1. Through common law tradition 2. Interpreting statutes 3. Judicial review Meaning: Meaning: 1. Upholding precedents 2. Determining what a pre-existing statute means by clearing up any confusion 3. Determine if they are consistent with the constitution

Administrative Law An administrative agency or regulatory agency focuses on individual activities An administrative agency or regulatory agency focuses on individual activities Example: Example: FCC – Federal Communications Commission – regulates broadcasting FCC – Federal Communications Commission – regulates broadcasting

Unconstitutional Laws Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.

Class Work Review pages 1-3 and page 8 Review pages 1-3 and page 8