CHAPTER 1 Laws and Their Ethical Foundation

Report
1
CHAPTER
Laws and
Their Ethical Foundation
1-1 Laws and Legal Systems
1-2 Types of Laws
1-3 Ethical Bases for Laws
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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
Chapter 1
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FOCUS
 Make a list of rules the school enforces.
 Make a second list of rules you must live by
in your families.
 How do these rules affect your life?
 Which rules would you like to change? Why?
 How would the changes affect you, your
family, or school?
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How does common law differ from
positive law?
Common law based on current
standards or customs among the
people, where positive law is
dictated from above by a central
authority.
Chapter 1
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WHAT IS LAW?
 Stages in the growth of law
1. Individuals take revenge for wrongs done to
them (example: gang wars)
1. Often results in innocent getting hurt
2. A powerful leader (sovereign) substitutes an
award of money or good for revenge
1. Money given to not take revenge
3. The Leader (sovereign) gives power to courts
4. Leader acts to prevent and punish wrong.
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WHAT IS LAW?
 Common law versus positive law
 Common based on customs
 Positive dictated from above
Chapter 1
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WHAT IS THE ORIGIN OF THE
U.S. LEGAL SYSTEM?

English common law – used in all states except Louisiana
 Disputes settled by local barons therefore based on the local customs
and varied from place to place.
 King’s Bench – appointed judges by the central government to
hear important cases (jurisdiction over) to make rulings from
central gov. not local barons
 Jury – unique to English common law system
 Local citizens chosen to interpret that regions customs for the court.
 Advantages of English common law
 Created a uniform custom based common law across the country.
 Still has the ability to adapt to changes in society
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WHAT IS THE ORIGIN OF THE
U.S. LEGAL SYSTEM?
 Equity: An alternative to common law
 The Common law courts carefully followed
precedent.
 Precedent – courts as a guide for deciding similar new
cases. Helps provide stability in the law.
 Common law courts had to wait until the harm
actually occurred before they could take action.
 Noblemen could petition the king for equity. The equity
courts (no jury) could issue an injunction. (Stop order)
before harm would occur.
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WHAT IS THE ORIGIN OF THE
U.S. LEGAL SYSTEM?
 In today’s court system courts can
award damages or issue orders or
both.
 Four States still administer law and
equity in separate courts.
Chapter 1
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On which early legal system is the
U.S. legal system based?
English Common Law
Chapter 1
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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
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FOCUS
 What is law?
Chapter 1
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WHAT ARE THE SOURCES
OF LAW?




Constitutions
Statutes
Case law
Administrative regulations
Chapter 1
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Constitutions
 A document that sets forth the framework of
a government and its relationship to the
people it governs
 When courts interpret constitutions,
constitutional law is made
 The Supreme Court is the final interpreter of
the federal Constitution
 Highest source of law
 Federal Constitution is “the supreme law of
the land”
Chapter 1
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Constitutions
Allocation of Power Between People and
their Government
 Fed. Constitution is the main
instrument for allocating powers
between people and their governments
 Bill of Rights – 1st 10 amendments
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Constitutions
Allocation of Power Between Federal and
State Government
 Fed. Constitution allocates power
between federal and state government
 Interstate commerce taken care of by
federal government
 Intrastate commerce taken care of by
the state government
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Constitutions
Allocation of Power Between Branches of
Government
 Powers between
 Executive
 Legislative
 Judicial
 Checks and balances so no branch
becomes to powerful
Chapter 1
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Statutes
 Laws enacted by Legislative Branch
(State and Federal)
 Ordinances – local government legislation
Chapter 1
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Case Law
 Created by the Judicial Branch
 Can be both at Federal and State Level
 After Trial is ended and appeal is made
the appellate court publishes it’s
opinion = case law
 Case Law states new rules to be used in
deciding similar/same cases
 Stare Decisis – “Let the decision stand”
 Not always binding to the supreme court
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Administrative Regulations
 Governmental bodies formed to carry
out particular laws
 DMV
 FDA
 USDA
 Controlled by the Executive Branch
President/Governor/Mayor
 Administrative laws usually called rules
and regulations.
Chapter 1
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What are the four sources of law?
Constitutions, Statutes,
Case law, Administrative regulations
Chapter 1
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WHAT HAPPENS WHEN LAWS
CONFLICT? (Typically)
Federal
Constitutional
Higher Court
State
Statutory
Lower Court
Local
Chapter 1
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Administrative
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Constitutions and Validity
 Any federal, state, or local statute, case
law or admin. decision is not valid if it
conflicts with the constitution
(unconstitutional)
 The people have the power to amend
the constitution of they disagree with
the Supreme Court’s interpretation
Chapter 1
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WHAT HAPPENS WHEN LAWS
CONFLICT?
 Statutes and validity
 Must be constitutional to be valid
 Court can examine to see if the body that
authored it exceeded the scope of their powers
 Administrative regulations and validity
 Must be constitutional to be valid
 Court can examine to see if the body that
authored it exceeded the scope of their powers
Chapter 1
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WHAT HAPPENS WHEN LAWS
CONFLICT?
 Case law and validity –
 When courts challenge or hold statue invalid
the legislative body or administrative agencies
can revise their regulations
Chapter 1
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Which source of law in the United
States is the highest authority?
The US Constitution
Chapter 1
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WHAT ARE THE MAIN
TYPES OF LAWS?
 Civil and criminal laws
 Procedural and substantive laws
 Business law
 Uniform business laws
Chapter 1
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Civil and Criminal Laws
 Civil Law – when the private legal rights of
an individual are violated.
 Police do not take action in a civil conflict
 If the defendant loses a civil care the defendant is liable
(must pay money to the plaintiff)
 Torts – Civil offenses against people or organizations
 Crime – an offense against society.
 Gov. investigates alleged wrongs
 Conviction of a crime results in fine, imprisonment or
possible execution
 An offense can be both a crime and civil
offense.
Chapter 1
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Procedural and Substantive Laws
 Procedural Law – deals with methods of
enforcing legal rights and duties.
 when police can arrest
 stare decisis is a procedural law
 Two types of procedural laws are
 criminal procedure (process for enforcing the law when
someone is charged with a crime)
 civil procedure (process of enforcing the law when someone
has violated a civil law).
 Substantive Laws – defines rights and
duties.
 Defines offenses such as murder, theft etc.
Chapter 1
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Business Law
 Covers rules that apply to business
situations.
 Mainly concerned with civil law
 Laws pertaining to commercial torts
(company injures someone)
 Uniform Commercial Code (UCC) – a
set of laws that is formulated hoping
states will adopt them.
 fund Transfers, Letters of Credit, Investment Securities
Chapter 1
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Compare and contrast criminal
and civil law and substantive and
procedural law.
Chapter 1
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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
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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
Slide 33
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FOCUS
 What does ethics mean?
 Ethics – is a practice of deciding what
is right or wrong in a reasoned,
impartial manner.
 To make ethical decisions, we usually must
base our decisions on reasons, not emotion.
 Impartiality – that idea that the same ethical
standards are applied to everyone.
Chapter 1
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ETHICS AND THE LAW
 Basic forms of ethical reasoning – both forms
usually reach the same conclusion
 Consequences-based ethical reasoning
 Rule-based ethical reasoning
 Ethics reflected in laws – most laws are
based on what is best for the majority and
therefore more like consequences-based
ethical reasoning.
Chapter 1
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Consequences-based ethical
reasoning
 An action that produces good
consequences is good and an action
that produces bad consequences is
bad.
 Murdering Hitler
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Rule-based ethical reasoning
 Actions are judged as either right or wrong
based on either a recognized authority or
human reasoning.
 Lying = wrong
telling truth=right
 A test called universalization- picture
everyone doing the action and then would
this be irrational, illogical or demeaning?
 Murdering Hitler
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Civil Disobedience
 Open, peaceful, violation of a law to
protest its alleged or supposed
injustice.
 Goal is to make the legal system more
just. ( Cannot be for self-interest)
Chapter 1
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In the U.S. system of democracy,
how are ethics reflected in laws?
Chapter 1
Slide 39
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