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

2. 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

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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

10. 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

11. 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

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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

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