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CHAPTER 1 Laws and Their Ethical Foundation

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1 CHAPTER 1 Laws and Their Ethical Foundation
9/11/2018 CHAPTER 1 Laws and Their Ethical Foundation 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws

2 1-2 Types of Laws GOALS Identify the four sources of law
Discuss how to resolve conflicts between different sources of laws Compare and contrast criminal and civil law, and substantive and procedural law Chapter 1

3 WHAT’S YOUR VERDICT Bolyston was steering her Your 18 wheeler down a steep hill Verdict? in the outside lane of west- bound I– 44. Gradually her speed built up to over 85 mph. On the right-angled curve at the bottom of the hill, the truck’s speed carried it into the inside lane where it side-swiped JJ’s car and forced it into a guard rail. Chapter 1

4 WHAT’S YOUR VERDICT JJ lost control and his car veered across both eastbound lanes and into a concrete barrier. Thanks to a seat belt, an air bag, and quick avoidance by other traffic, JJ’s injuries were minor, but his car was demolished. Did Bolyston violate civil law or criminal law or both? Chapter 1

5 FOCUS What is law? Chapter 1

6 FOCUS What is law? A body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. If a rule is broken, the person will be subjected to criminal punishment or civil liability. Laws in the United States are made by federal, state, and local legislatures, judges, the president, state governors, and administrative agencies. Chapter 1

7 WHAT ARE THE SOURCES OF LAW?
Constitutions Statutes Case law Administrative regulations Chapter 1

8 What are the four sources of law?
Chapter 1

9 WHAT HAPPENS WHEN LAWS CONFLICT?
Constitutions and validity Statutes and validity Administrative regulations and validity Case law and validity Chapter 1

10 Which source of law in the United States is the highest authority?
Chapter 1

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

12 TYPES OF LAW Constitutional law Based on constitutions Statutes
Enacted by legislative bodies Administrative law Rulings 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

13 Compare and contrast criminal and civil law and substantive and procedural law.
Chapter 1

14 Online Activity: https://www.aclu.org
Type "civil disobedience" into the Search box on the ACLU web site. Choose one of the articles. Read it and note the context in which the term is used. Prepare a one-minute presentation explaining the article. Break into small groups and present your article. As a group, make a list of the issues which civil disobedience was used to protest. Then, present your group findings to the class. Chapter 1

15 1-3 Ethical Bases for Laws
GOALS Define ethics Compare and contrast ethics based on consequences with ethics based on systems of rules Discuss ways in which ethics are reflected in laws Chapter 1

16 FOCUS What does ethics mean? Chapter 1

17 ETHICS AND THE LAW Basic forms of ethical reasoning
Consequences-based ethical reasoning Rule-based ethical reasoning Ethics reflected in laws Chapter 1

18 In the U.S. system of democracy, how are ethics reflected in laws?
Chapter 1 9/11/2018 In the U.S. system of democracy, how are ethics reflected in laws? Chapter 1


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