1. CHAPTER 1 Laws and Their Ethical Foundation
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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. 1-1 Laws and Legal Systems
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1-1 Laws and Legal Systems
GOALS
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
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3. WHAT IS LAW? Law—enforceable rules of conduct in a society.
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WHAT IS LAW?
Law—enforceable rules of conduct in a society.
Code—laws grouped together in an organized format
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4. Stages in Growth of Law
Individuals are free to take revenge for wrongs done to them. “An eye for an eye”.
A leader acquires enough power to be able to force revenge-minded individuals to accept an award of goods or money instead
The leader gives this power to a system of courts
The leader or central authority acts to prevent and punish wrongs that provoke individuals to seek revenge.
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5. Common law versus positive law
Common Law: law based on current standards or customs of the people
Positive Law: laws based on the dictates of a central political authority
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6.    CHECKPOINT How does common law differ from positive law?
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CHECKPOINT
  
How does common law differ from positive law?
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7. Board Question What is your reason for taking this class?
What do you hope to get out of this class besides a decent grade and a credit?
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8. WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM?
Roman Civil Law
Written, well-organized, comprehensive sets of statutes in code form
Only changed by the central government—not by judges
Used in Louisiana
Founded by the French (LaSalle) in 1682 who brought the Napoleonic Code from France.
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9. English common law King’s Bench
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English common law
King’s Bench
King Henry II
Cases were heard locally in good weather
Winter months—judges would stay in London and review cases
Jurisdiction—The power to decide a case
Jury—the panel of citizens who are called upon to hear a case and decide the issues of fact in the case
Advantages of English Common Law
Has uniformity while keeps the ability to adapt to changes in society.
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10. Equity: An alternative to common law
Precedent: courts use prior cases as a guide for deciding similar new cases.
Provides stability in laws
Disadvantage: requiring a strict adherence to proper form of law.
Disadvantage: could only award damages after harm had occurred. Could not prevent harm.
Equity: Fairness
Injunction: Stops something from being done
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11. Chapter 1
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CHECKPOINT
  
On which early legal system is the U.S. legal system based?
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12. 1-2 Types of Laws GOALS Identify the four sources of law
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1-2 Types of Laws
GOALS
Identify the four sources of law
Discuss how conflicts between laws are resolved
Compare and contrast criminal and civil law, and substantive and procedural law
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13. WHAT ARE THE SOURCES OF LAW?
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WHAT ARE THE SOURCES OF LAW?
Five Sources of Law:
Constitutions
Statutes
Ordinances
Case law
Administrative law
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14. First Source: Constitutions
Primary function of the US Constitution and the various state constitutions: provide a framework for allocating the powers of government.
Basic rights upon which the federal government can not infringe are in the Bill of Rights
First 10 amendments to the Constitution
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15. Bill of Rights
1st amendment: Freedom of Religion: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance.
2nd amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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16. 3rd amendment: no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
4th amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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17. 5th amendment: No persons shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time or War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Miranda Rights came from this amendment.
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18. 6th amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
7th amendment: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law
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19. 8th amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th amendment: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
10th amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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20. Constitution Supreme law of the land
All federal, state, and local laws may not conflict with the Constitution
Concerned with defining and allocating certain powers in our society
Between people and their government
Bill of Rights
Between states and the federal government
Ex: commerce clause
Between branches of the government
Checks and Balances between the three branches
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21. 2nd Source: Statutes Enacted by legislatures—Federal and State
Ex: Federal Statute of Limitations which are laws passed by a legislative body in common law systems that sets the maximum time after an event when legal proceedings may be initiated. When the period of time specified in a statute of limitations passes, a claim can no longer be filed.
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22. 3rd Source: Ordinances
Legislation enacted by local (city, town, country) governments.
Ex: Fort Wayne Ordinances on Fire Pits, Parking, Zoning, etc
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23. 4th Source: Case Law
Made when an appellate court (court of appeals) endorses a rule to be used in deciding court cases.
Stare decisis: requires that lower courts must follow established case law in deciding similar cases. Does not bind the Supreme Court
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24. 5th Source: Administrative Law
Comes from Administrative agencies
Ex: Social Security Administration, EPA, OSHA, FDA
Controlled by the Executive Branch of the government
Create rules and regulations
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25.    CHECKPOINT What are the five sources of law? Chapter 1 Chapter 1
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CHECKPOINT
  
What are the five sources of law?
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26. WHAT HAPPENS WHEN LAWS CONFLICT?
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WHAT HAPPENS WHEN LAWS CONFLICT?
Supremacy Rules:
Federal Law ˃State Law
State Law ˃Local (City, County) Law
Constitutional Law ˃Statutory Law
Statutory Law ˃Administrative Law
Higher Court ˃Lower Court
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27. What happens when laws conflict?
Supremacy Rules
Federal over State; State over City
Constitutional law over statutory law; statutory law over administrative law
Higher court decision over a lower court decision
Unconstitutional: if Courts find law conflicts with Federal or State Constitution.
Constitution can be amended
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28. Constitutions and validity
No statute, case law, or administrative decision is valid if it conflicts with the Federal Constitution
Unconstitutional: when a law conflicts with the Constitution.
Constitution can be amended by the people, if necessary
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29. Statutes and validity
Statutes and ordinances must also be constitutional in order to be valid
Statute and ordinances are also not allowed to exceed the scope of powers of the body that authored it.
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30. Administrative regulations and validity
Unconstitutional if it exceeds the powers of the administrative agency that put the regulation in place
Case law and validity
If a case law finds a statute or ordinance unconstitutional, the statute or ordinance can be rewritten to comply with the Constitution
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31. Chapter 1
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CHECKPOINT
  
Which source of law in the United States is the highest authority?
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32. WHAT ARE THE MAIN TYPES OF LAWS?
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WHAT ARE THE MAIN TYPES OF LAWS?
Five main types of laws:
Civil and criminal laws
Procedural and substantive laws
Business law
Uniform business laws
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33. Civil and Criminal Laws
Civil Law: a group of laws used to provide remedy for wrongs against individuals.
Tort: a private or civil wrong for which the law grants a remedy
Criminal Law: a group of laws used to provide remedy for wrongs against society.
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34. Procedural and Substantive Laws
Procedural laws (or adjective law) comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.
Criminal Procedure defines the process for enforcing the law when someone is charged with a crime.
Civil Procedure: concerned with private offences. Does not involve the police or prosecutor
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35. Substantive Law: The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, wills, torts, and real property; the essential substance of rights under law.
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36. Business Law Rules that apply to business situations and transactions.
Civil laws concerning contracts, property, business entities.
Could also include criminal law
Uniform Commercial Code
Set of laws formulated by the National Conference of Commissioners.
Goal was to formulate a model statute to recommend to that states for adoption.
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37. Chapter 1
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CHECKPOINT
  
Compare and contrast criminal and civil law and substantive and procedural law.
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38. TYPES OF LAW Constitutional law Based on constitutions Statutory law
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TYPES OF LAW
Constitutional law
Based on constitutions
Statutory law
Enacted by legislative bodies
Administrative law
Rules and regulations made 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 situations and transactions
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39. 1-3 Ethical Bases for Laws
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1-3 Ethical Bases for Laws
GOALS
Define ethics
Compare and contrast consequences-based ethics with rule-based ethics
Discuss ways in which ethics are reflected in laws
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40. Ethics
A collection of standards of conduct and moral judgment forming the basis for a reasoned, impartial decision as to what is right or wrong
Ethical system: a system composed of an organized and consistent compilation of such standards usually set down by an established authority.
Impartial: the same standards apply to everyone.
Business ethics are the ethical principles used in making business decisions.
Sometimes suffer due to “profit maximization
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41. ETHICS AND THE LAW Basic forms of ethical reasoning-#1
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ETHICS AND THE LAW
Basic forms of ethical reasoning-#1
Utilitarianism: an ethical system that evaluates the moral worth of a proposed action by forecasting the consequences of that action and alternatives to it.
Jeremy Bentham and John Stuart Mill
“confers the greatest good on the greatest number affected by it.”
Problem: defining what is “good”?
Problem: selection of who will be considered to be affected by the decision determines the answer.
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42. Basic forms of ethical reasoning-#2
Kantian Ethics: the only intrinsically good thing is a good will; an action can only be good if its maxim – the principle behind it – is duty to the moral law.
Immanuel Kant
Believed that some actions were always wrong
Universalizing: “Would the result (of this action) be irrational, illogical, or demeaning (if everyone was doing it)?
Rule-based ethical reasoning
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43. Ethics reflected in laws
Tend to be consequences based laws.
Affect the majority the people positively.
What about the minorities?
Protected through the Constitution. Bill of Rights.
Both philosophies conclude that we are required to obey the law:
Utilitarian: when the law is broken, many more people are injured.
Kantian: what would happen if everyone broke the law?
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44. However, people do break the law
Why?
Have the power and knowledge to do so.
Scofflaws: figure they won’t get caught. Have no respect for the law. Have no integrity.
Civil Disobedience: open, peaceful, violation of a law to protest its alleged, or supposed, injustice.
Passionate. Trying to make legal system more just.
Ethical when:
A written law is in conflict with ethical reasoning
No effective political methods are available to change the law.
The civil disobedience is non-violent
The civil disobedience does not advance a person’s immediate self-interest
The civil disobedience is public and one willingly accepts the punishment for violating the law.
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45. Chapter 1
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CHECKPOINT
  
In the U.S. system of democracy, how are ethics reflected in laws?
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46. PREVENT LEGAL DIFFICULTIES
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PREVENT LEGAL DIFFICULTIES
As a citizen . . .
When moving to a new location, find out how the laws in that county or city may affect you.
Before beginning a new business, consult an attorney to learn about city, county, state, and federal laws and how they may affect you.
Study business law so you can become an informed citizen who is knowledgeable about legal matters.
Continued on the next slide
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47. PREVENT LEGAL DIFFICULTIES
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PREVENT LEGAL DIFFICULTIES
Recognize that fulfilling your duties as a citizen is the greatest guarantee of your maintaining your individual rights and liberties. These duties include:
The duty to obey the law.
The duty to respect the rights of others.
The duty to inform yourself on political issues.
The duty to vote in elections.
The duty to serve on juries if called.
The duty to serve and defend your country.
The duty to assist agencies of law enforcement.
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