Transcript Business Law Chp. 1

Laws and their
Ethical Foundation
Chapter 1
Section 1
• What is law?
• Enforceable rules of conduct in a society that reflect culture.
• NAME 3 LAWS THAT AFFECT YOUR DAILY LIFE
• Laws are organized into ‘codes’
• Process is called codification
• Civil Code, Criminal Code, Legal Code, Hammurabi’s Code,
Napoleonic Code
4 Stages in making legal system
• 1. Individuals are free to take revenge
• Personal revenge, gang warfare, etc.
• 2. Leader gets enough power to force people to accept
options
• Goods or rewards instead of revenge but the leader is
judge/jury/executioner
• 3. Courts are granted power
• Courts are set up because there are too many cases for leader to
hear
• 4. Prevention
• Setting up laws that have clear punishments
WHAT STAGE ARE WE IN?
Common vs. Positive
• What is Common Law?
• Rules based on standards and customs to settle disputes.
• Judges often use precedent (earlier court decision)
• WHAT IS AN EXAMPLE OF COMMON LAW
• What is Positive Law?
• Laws set by a central authority
• WHAT IS AN EXAMPLE OF COMMON LAW
Roman Civil vs. English Common
• Roman Civil: The legal system is based upon principles and
codes usually rooted from the laws and legal system of the
Roman Empire. Any updates to the legal code must be made
through legislation or other lengthy processes. Allows for
more stable rulings. Very strict.
• English Common: In the common law system, law is
interpreted and, thus, "written" by judges hearing the cases.
Their decisions become the 'rule of law' for all future cases
that are factually similar.
WHAT TYPE OF LEGAL SYSTEM DO WE HAVE? WHY?
King’s Bench circa 1150
• Judges rode around the English Countryside deciding cases.
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Used jurisdiction (power to decide0
Used juries in each region
Established precedent
Allowed for injunctions (stop something from being done)
Equity & Fairness
• 3 LEVELS of GOVERNMENT:
• 1. Federal
• 2. State
• 3. Local
WHY DO EACH OF THESE HAVE DIFFERENT LAWS?
Within these levels are 4 FORMS of laws:
1. Constitution
2. Statutes
3. Case Law
4. Administrative Law
Constitution
• What is a Constitution?
• Document that sets forth a framework of government
• Can a constitution be changed?
• Ultimate legal standing (Supremacy Clause)
• Federal & State government allocate power:
• Between people and government
• Bill of Rights, protect people from the government
• State & Local government
• Power to regulate foreign or interstate commerce
• WHAT IS THE DIFFERENCE BETWEEN INTER & INTRASTATE?
• Branches of Gov’t
• Executive, Legislative, Judicial (allows for checks & balances)
• GIVE AN EXAMPLE OF CHECKS AND BALANCES
Statutes
• What is a statute?
• Laws of Federal and State government
• GIVE AN EXAMPLE OF A STATUTE
• What is an ordinance?
• Laws that affect only a small area (county, city, village)
• GIVE AN EXAMPLE OF AN ORDINANCE
Case Law
• Case Law is the use of appeals court (sets up new precedent)
• Stare Decisis; Latin for “Let the case stand”
Administrative Law
• The use of agencies to carry out specific laws.
• Examples are DMV, Social Security, etc.
• Agencies can make independent laws (rules and regulations)
• Wyoming made smaller?
Conflict
• What happens when laws conflict?
• Speed Limit, Medicinal Narcotics, etc.
HOW DO THESE CONFLICT?
• Constitution has ultimate ruling.
• Higher court over rules a lower court
• Constitution over statute/ordinance over admin
• What if a law conflicts with Constitution?
• Ruled unconstitutional and is either shot down or amended
Types of Laws
• 1. Civil: people can sue one another, private injury is a tort
• 2. Criminal: offense against society, right to live in peace is
violated, gov’t agency investigates and prosecutes
• 3. Procedural: how rights are enforced/exercised, what
remedies are available (equity)
• 4. Substantive: rights and duties, rules of conduct not
enforced
• 5. Business: business situations/transactions, mainly civil,
uniform commercial code
Ethics
• What is right/wrong in a reasoned and impartial manner?
• Reasoned by referring to a law
• Impartial: same standards are applied to everyone
• Business: principles in business
WHY WOULD PEOPLE BE UNETHICAL?
GIVE ME 2 EXAMPLES
Culture vs. Value vs. Ethics vs. Law
Two Types of Ethics
• 1. Consequence: driven by laws and what is good for society
• 2. Moral: what is right/wrong, often driven by religion
HOW DO WE BALANCE THESE TWO?
In America we provide greatest good to greatest number
Constitution protects minority
IS IT WRONG TO BREAK LITTLE LAWS?
Civil Disobedience
• Open, PEACEFUL violation of the law.
IS THIS ETHICAL?
Chapter 1 research projects
1. Compare two codes to one another (ex. Hammurabi to
other civilizations)
2. Compare the 4 stages of legal system
3. Free speech issue
4. ACLU.ORG search ‘Civil Disobedience’
5. Venn Diagram of checks and balances
6. Conflicting laws and examples
7. Examples of the types of laws
8. Ethics 2 EACH, good/bad ethics
9. Civil Disobedience, find 5 examples from history
10. Act 576, Moment of Silence