1. The foundations of LAW
Chapter 1

2. The Foundation of Law
Chapter 1
Section 1

3. Ethics Morality Ethics What is ethical behavior?
The values that govern a group’s ideas about right and wrong
Ethics
The rules used to determine the difference between right and wrong
What is ethical behavior?
How do we determine what is ethical?

4. Ethical Character Traits
Honesty
Justice
Compassion
Integrity

5. What Does Ethics Come From?
Ethical rules help you deal with moral questions
The Greatest Good
Does the action cause the greatest good for the greatest number of people?
The Golden Rule
“Do unto others as you would have them do unto you”
Real-World Ethics
Moral rules that most people know instinctively
Lying, killing
Character Traits
Honesty, Justice, Compassion, Integrity

6. How can changes in ethics help create new laws?
Ethics and the Law
Laws….
Require certain actions or forbids others
Create responsibility
Enforces rights and duties
Punishes for wrong
Ethics tell you what you shouldn’t do
Law tells you what you cannot do
How can changes in ethics help create new laws?
Activity: Ethical Discussion and Dilemma

7. The Five Main Sources of the Law
Constitutional Law
Common Law
Statutes and Civil Law
Court Decisions
Administrative Regulations

8. 1. Constitutional Law The Constitution
Articles I, II, III: Three branches of government
Legislative, Executive, Judicial
Article IV: Full faith and credit to other states
American business benefit from Art. IV
Article V: Create amendments
1-10 Bill of Rights; 13 Abolish Slavery; 19 Women Vote; 26 Voting age
Article VI: Supremacy Clause
Highest law in the country
Article VII: How to Approve the Constitution

9. 2. Common Law
Set of law made by the courts which provide consistent rules
Created by English judges who shared decisions because there was no written law
Precedent- refer to past cases when making decisions

10. What are advantages of using it? What are disadvantages of using it?
Use the Internet to find the phrase
“Stare Decisis”
How is it used?
What are advantages of using it?
What are disadvantages of using it?
Order in the Court!

11. 3. Statutes and Civil Law Civil law is based on statutes
Statutes- a law passed by a government body that has been made for the purpose of creating laws
Created when a legislature passes a bill or law
Federal Statutes: U.S. Congress {power to spend, tax, and borrow $}
Commerce Clause: Gives Congress the power to make laws pertaining to interstate commerce
State Statutes: Laws by individual states (taxes)
Ordinances: Laws by individual cities/towns (parking fines)

12. 4. Court Decisions
Court-made law is called case law, court decisions, or judge-made law
Creating Laws- common law tradition; current laws are laws until changed
Interpreting Laws- judge can interpret a law for a case, if it is confusing
Judicial Review- Decide if a law conflicts with the Constitution; Supreme Court
Courts can make laws by deciding whether or not laws conflict with the Constitution

13. 5. Administrative Regulations
Federal Agencies are government agencies that are formed to carry out certain laws
Can make and enforce rules in the specific area

14. International Law International treaties
US citizens are obligated to follow any treaty that the US has signed with other countries
International agreements (trade)

15. Add these terms to your “Legal Talk” handout:
Legislate: to create or pass laws
Ban: to prohibit; to stop from doing
Mandate: command; formal order to do something
Enact: to make into law
Repeal/Amend: revoke; recall; modify; change
Objection!

16. The Structure of the Court System
Chapter 1
Section 2

17. Dual Court System Federal Court Jurisdiction
Federal court has jurisdiction over cases that involve….
U.S. vs. ____ or State vs. ____
Interpreting the Constitution
Citizens from different states (exceeds $75,000)
Admiralty (involving the sea)
Patent/copyright
Bankruptcy

18. Three Tier Court System
District Courts
has original jurisdiction (has the power to hear a case for the first time)
Most federal cases begin here
Courts of Appeals
Appellate courts- court that hears appeals and reviews cases from lower courts
Intermediate court
U.S. Supreme Court
Highest court
Judges serve for life; appointed by President with the Senate
Main purpose is to hear appeals
The final interpreter of the federal Constitution

19. Juvenile Courts Children who need the protection of the state
Not open to public
No right to trial by jury / No right to bail
Must be proof beyond reasonable doubt to convict a child as an adult

20. State Court System Local Trial Courts
Limited jurisdiction
Minor cases (traffic, etc.)
General Trial Courts (in most states)
Court of general jurisdiction
Criminal and civil cases

21. State Court System cont.
Intermediate Appellate Courts (in most states)
Only hear appeals on questions of law
Judge did not interpret the law correctly
Did not receive fair trial
State Supreme Courts
Decide if the lower court made a mistake in the law
Do not look at facts

22. Civil Trial Procedure
Civil law is between two individual parties, and does not involve government.
Civil Lawsuit is also known as Litigation
Costly and time consuming
Civil litigation begins with filing a complaint to the court
Ex: Someone hit by a car and dies
Defendant can face criminal court (DUI/manslaughter) AND a civil suit from the family (sue for money)

23. Civil Trial vs. Criminal Trial
Civil law -
No attorney is guaranteed or provided
Costly and time consuming
Does not involve the gov’t
Appeal: Based only on legal mistake made during trial
Criminal law -
Offenses against the public
Protects the public from harm
Appeal: Based only on new facts/evidence that was not presented in lower courts

24. Alternative Dispute Resolution
Mediation- a mediator helps solve a problem
voluntary or ordered by the court
Final decision remain with the party
Arbitration- a third party settles the dispute
Results in a fair solution
Decision is final
Conciliation- conciliator goes back and forth between parties; parties don’t meet face-to-face
Avoid arguments
Takes more time
Negotiation- spokesperson represents each party
Sometimes leads to litigation (civil suit)