Chapter 1

Chapter 1

CHAPTER 1 Laws and Their Ethical Foundations 1-1 Laws and Legal Systems What is Law? Laws - enforceable rules of conduct in a society Code - Laws that are grouped into a organized form 1-1 Laws and Legal Systems What is Law?

Stages In the Growth of Law Individuals are free to take revenge for wrongs done to them. A (sovereign) 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. 1-1 Laws and Legal Systems What is Law?

Common Law versus Positive Law Laws reflect the wisdom - or lack thereof - of their creators Laws should be predictable and flexible. Common Law - laws based on the current standards or customs of the people Positive Law - laws dictated from above (by a sovereign or central authority) 1-1 Laws and Legal Systems What is the Origin of the U.S. Legal System? English Common Law

Prior to English Common Law disputes were settled on the basis of local customs and enforced by the barons' power. King's Bench King Henry II (1150) appointed a number of judges from a group of trusted nobles. In good-weather months they would "ride circuit" into the countryside and hold court in the villages. In bad-weather months they would stay in London and sit together to hear cases on appeal that might have been decided unwisely. Baron's courts (heard local cases) kept the power to decided minor cases. King's court always has jurisdiction - the power to decide a case - over the most important cases.

1-1 Laws and Legal Systems What is the Origin of the U.S. Legal System? English Common Law Jury Judges were instructed to choose citizens from each region to help interpret that region's customs for the court. The jury is an institution unique to the English common law system. 1-1 Laws and Legal Systems

What is the Origin of the U.S. Legal System? English Common Law Advantages of English Common Law The English common law system achieves uniformity while maintaining an ability to adapt to changes in society. 1-1 Laws and Legal Systems What is the Origin of the U.S. Legal System? Equity: An alternative to Common Law The common law courts carefully follow precedent. The courts use prior cases

as a guide for deciding similar new cases. Disadvantage of the early common law system: courts could only grant the remedy of damages. 1-1 Laws and Legal Systems

What is the Origin of the U.S. Legal System? Equity: An alternative to Common Law The concept of equity fairness could lead to the issue of an injunction (stopping something from being done) This led the King to create equity courts In the U.S., law courts and equity courts are merged. American courts can award damages, issues orders or both. 1-2 Types of Laws

What are the sources of Law? Constitutions A constitution is a document that sets forth the framework of a government and its relationships to the people it governs.

The Supreme Court of the United States is the final interpreter of the federal Constitution. Constitutions are the highest sources of law. Constitutions allocate powers. 1-2 Types of Laws What are the sources of Law? Constitutions Allocation of power between people and their governments The Bill of Rights Reserves the rights of citizens and protects them from actions of their government.

Allocation of power between federal and state governments The Constitution gives the federal government the right to regulate both foreign and interstate (occurs between two or more states) commerce. The power to regulate intrastate (occurs within one state) commerce is left with that state. Allocation of power among the branches of government executive, legislative, and judicial powers are distributed to create a system of checks and balances 1-2 Types of Laws What are the sources of Law?

Constitutions Allocation of power between people and their governments The Bill of Rights Reserves the rights of citizens and protects them from actions of their government. Allocation of power between federal and state governments The Constitution gives the federal government the right to regulate both foreign and interstate (occurs between two or more states) commerce. The power to regulate intrastate (occurs within one state) commerce is left with that state. Allocation of power among the branches of government

executive, legislative, and judicial powers are distributed to create a system of checks and balances 1-2 Types of Laws What are the sources of Law? Statutes

The federal Constitution created the Congress State constitutions created the state legislatures The state and federal legislatures are composed of elected representatives Acting for their citizens, then enact laws called statutes 1-2 Types of Laws What are the sources of Law? Ordinances Legislation created by a town or city council or by a county board or commission

They are only effective within the boundary of the local government that enacted them 1-2 Types of Laws What are the sources of Law? Case Law Created by the judicial branch of government

Case Law is made after a trial has ended and one of the parties has appealed the result to a higher court Appeals are based on legal issues arising from rulings made by the lower court deciding the case Stare Decisis (Latin) Let the decision stand Requires that lower courts must follow established case law in deciding similar cases Does not bind supreme courts 1-2 Types of Laws What are the sources of Law? Administrative Law

Government bodies formed to carry out particular laws Usually controlled by the executive branch of government Examples: Social Security Administration, Department of Motor Vehicles, County Zoning Commission 1-2 Types of Laws What Happens When Laws Conflict? Supremacy rules hold that federal law prevails over state law and state law prevails over local

(city and county) law. 1-2 Types of Laws Constitutions and Validity Federal Constitution is the supreme law of the land (U.S. Constitution, Article VI) When any type of law is declared invalid by a state or federal court because it conflicts with a constitution, it is said to be unconstitutional. 1-2 Types of Laws What Are the Main Types of Laws?

Civil & Criminal Law Civil Law is the group of laws that allows individuals to seek legal remedies for wrongs done to them. Private wrongs (civil offenses) against people or organizations are referred to as torts. A crime is an offense against society rather than individuals. When the citizen's right to live in peace is violated by such activity, the offense is governed by criminal law. 1-2 Types of Laws What Are the Main Types of Laws?

Procedural & Substantive Law Procedural Law sets forth how rights and responsibilities can be legally exercised and enforced through the legal system. Determine whether equitable are available and how those remedies are to be secured. EXAMPLE: state decisis Substantive Law define right and duties. It is concerned with all rules of conduct except those involved in enforcement. Substantive laws define offenses, such as murder, theft, breach of contract , and negligence.

1-2 Types of Laws What Are the Main Types of Laws? Business Law Business Law covers rules that apply to business situations and transactions. Business law is mainly concerned with civil laws governing contracts, property, and other business related areas. The Uniform Commercial Code (UCC) is a widely adopted set of laws pertaining to business. 1-3 Ethical Bases for Laws Ethics & The Law

Ethics a collection of standards of conduct and moral judgement forming the basis for a reasoned, impartial decision as to what is right or wrong. Impartiality the idea that the same ethical standards apply to everyone. Business ethics the ethical principles used in making business decisions. 1-3 Ethical Bases for Laws Ethics & The Law Basic Forms of Ethical Reasoning Consequence-Based Ethical Reasoning

(rightness or wrongness is based only on the results of the action) Utilitarianism evaluates the moral worth of a proposed action by forecasting the consequences of that action and alternatives to it. 1-3 Ethical Bases for Laws Ethics & The Law Basic Forms of Ethical Reasoning Rule-Based Ethical Reasoning the standard of judging usually comes from one of two sources a recognized authority or human

reasoning. Kantian ethics (universalizing) picture everyone doing the action and then ask, Would the result be irrational, illogical, or demeaning? 1-3 Ethical Bases for Laws Ethics & The Law Ethics Reflected in Laws Civil Disobedience - an open, peaceful, violation of a law to protest its alleged, or supposed injunction.

Recently Viewed Presentations

  • KCSS High School 101 for Parents and Guardians 2016-17

    KCSS High School 101 for Parents and Guardians 2016-17

    High School 101 for Parents and Guardians. King City Secondary School. King City Secondary School. ... School council meetings are held in the Library from 7:00 - 9:00 p.m. on the following dates: September 21st, 2016 ... KCSS High School...
  • Spiritual and Ethical Fitness - Uniformed Services University ...

    Spiritual and Ethical Fitness - Uniformed Services University ...

    Spiritual fitness practice MUST work with and through the line and chaplains Definition of spiritual and ethical fitness A state in which one feels connected beyond oneself both horizontally and vertically, and which motivates one in life and enhances strength...
  • CHAPTER 7 FINISHING OPERATIONS ME596: Powder-based Manufacturing 7.1

    CHAPTER 7 FINISHING OPERATIONS ME596: Powder-based Manufacturing 7.1

    (Selective laser sintering of metal powders is being used and further developed for rapid prototyping. (Metal injection molding and P/M hot forging becoming viable production processes. (Small, high-strength steel P/M parts are being made in imact-forging hammers at rates higher...
  • Section 4-4 - Hollidaysburg Area School District

    Section 4-4 - Hollidaysburg Area School District

    Section 4.4 Unstable Nuclei and Radioactive Decay. Explain. the relationship between unstable nuclei and radioactive decay. element: a pure substance that cannot be broken down into simpler substances by physical or chemical means. Characterize. alpha, beta, and gamma radiation in...
  • Natural Selection

    Natural Selection

    Natural Selection Darwin's 4 Main Postulates 1. Individuals, even siblings, in a population vary (there is variation) 2. These variations can be passed to offspring (are inherited) Darwin's 4 Main Postulates 3.
  • Geometry Final Review

    Geometry Final Review

    GEOMETRY FINAL REVIEW-ch. 2. The given statement is a valid geometric proposition. Statement: If a triangle has two congruent angles, then it is an isosceles triangle. a) Write the contrapositive of this statement: b) NOW, Determine if the contrapositive statement...
  • Iterative and direct linear solvers in fully implicit

    Iterative and direct linear solvers in fully implicit

    As the skin depth increases, iterative solvers need a good preconditioner to converge, while the direct solver converges for all cases. The block Jacobi (bj) has not applied the freedom to vary the block size, which would enhance the linear...
  • ABPI POI Project Recommendations

    ABPI POI Project Recommendations

    O'Neil Report 2014 (final report 2016) Slide . Impact of AMR on World Economy. ... Need to maintain momentum, we have a fragile consensus, at a tipping point. Collaboration. Industry is ready and willing - with Government and all stakeholders.