LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

CHAPTER 1

Laws and Their

Ethical Foundation

1-1 Laws and Legal Systems

1-2 Types of Laws

1-3 Ethical Bases for Laws

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 2

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

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

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WHAT IS LAW?

Stages in the growth of law Revenge

Force people to accept award instead

Power is given to system of courts

Courts act to prevent and punish wrongs instead of revenge

Common law versus positive law Common law is based on current standards or customs of people

Positive law is set down by a sovereign or other to prevent

disputes and wrongs from occurring.

Hammurabi Law

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

King Hammurabi's Laws

If a man has accused another of laying a nertu [death spell?]

upon him, but has not proved it, he shall be put to death.

If he has borne false witness in a civil law case, he shall pay

the damages in that suit.

If a man has stolen a child, he shall be put to death.

If a man has broken into a house he shall be killed before the

breach and buried there.

If a man has committed highway robbery and has been

caught, that man shall be put to death.

If a man has taken a wife and has not executed a marriage

contract, that woman is not a wife.

Chapter 1

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LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Laws continued…….

If a man has committed incest with his daughter, that man shall

be banished from the city.

If a man, after his father's death, has lain in the bosom of his

mother, they shall both of them be burnt together.

If a son has struck his father, his hands shall be cut off.

If a builder has built a house for a man, and has not made his

work sound, and the house he built has fallen, and caused the

death of its owner, that builder shall be put to death.

If a man has let his boat to a boatman, and the boatman has

been careless and the boat has been sunk or lost, the boatman

shall restore a boat to the owner.

Chapter 1

SLIDE 5

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 6

WHAT IS THE ORIGIN OF THE U.S.

LEGAL SYSTEM?

English common law

King’s Bench

Advantage of English common law is that it

created uniformity while maintaining an ability to

adapt to changes in society.

Equity: An alternative to common law

Common law could only give remedy

Equitable remedies for all citizens

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

1-1 Assessment

True/False

Substitution of damages for revenge is the first stage in the

evolution of law.

False

An organized group of laws is referred to as a code.

True

Most American law courts can use either damages or an

injunction or both as remedies in civil cases.

True

Chapter 1

SLIDE 7

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 8

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

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Laws to abide by:

Rules at school

Rules at home

Chapter 1

SLIDE 9

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 10

WHAT ARE THE SOURCES

OF LAW?

Constitutions (sets forth framework of a government)

Statutes (laws enacted by state & federal legislatures)

Ordinances (laws enacted by a town or city council)

Case law (based on legal issues arising from rulings made

by a lower court)

Administrative law (rules enacted by Administrative

Agencies: SSA, DMV, Homeland Security)

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 11

WHAT HAPPENS WHEN LAWS

CONFLICT?

Constitutions and validity (no statute is valid if it

conflicts with the federal Constitution)

Statutes and validity (does the law’s enactment exceed

the scope of the powers of the body that authored it?

Administrative regulations and validity (same as

statutes)

Case law and validity (legislature can rewrite the law

in a form that complies with the court’s decision)

What’s Your Verdict? Page 12: What happens when laws

conflict?

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 12

WHAT ARE THE MAIN TYPES OF LAWS?

Civil Laws: groups of laws that allow individuals to seek

legal remedies for wrongs done to them.

Criminal laws: covers offenses to citizens’ right to live in

peace.

Procedural Laws: determines what remedies are

available in a lawsuit.

Substantive Laws: defines offenses such as murder,

theft, breach of contract and negligence.

Business law: covers rules that apply to business

situations and transactions.

Uniform business laws: consistent laws for all states.

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

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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

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Section 1-2 Assessment 1. The first ten amendments to the US Constitution are know as

the __________?

Bill of Rights

2. A crime is considered an offense against

a. Its victims

b. Those who commit it

c. The state

3. Legislative enactments by a city government are called

________?

Ordinances

4. Stare Decisis is the doctrine that requires lower courts to

adhere to existing case law in their decisions.

True

Chapter 1

SLIDE 14

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

5. Torts are private wrongs committed against individuals or

organizations.

True

6. Business activities are at times governed by criminal law.

true

7. Businesses cannot commit torts.

False

8. The statutory definition of murder is a

a. Substantive law

b. Procedural law

c. Prohibitive law

Chapter 1

SLIDE 15

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 16

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

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Let’s Discuss This Quote:

“The ethical man knows it is wrong to cheat

against his wife, the moral man wouldn’t”

What are Ethics? Collection of standards of

conduct & moral judgment forming the basis for

a reasoned, impartial decision as to what is

right or wrong.

Chapter 1

SLIDE 17

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 18

ETHICS AND THE LAW

Basic forms of ethical reasoning

Consequences-based ethical reasoning

An act that produces good consequences is good; an act

that produces bad consequences is bad.

Rule-based ethical reasoning

Acts are either right or wrong. (You can’t justify lying by

showing that it produces good consequences.)

Ethics reflected in laws

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

What compels you to obey the law?

To avoid punishment

or

It is the right thing to do

Civil Disobedience: peaceful violation of a law to

protest its alleged injustice. What famous person

engaged in civil disobedience?

Chapter 1

SLIDE 19

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 20

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

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Chapter 1

SLIDE 21

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.

LAW for Business and Personal Use

© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

1-3 Assessment 1. An ethical decision as to what is right or wrong must be

reasoned and _________?

Impartial

2. The two forms of ethical reasoning almost never reach the

same conclusions.

False

3. Which of the following best describes the elements involved

in civil disobedience?

A. Violating the law

B. violating the law openly

C. violating the law openly & peacefully

D. Violating the law openly, peacefully, & accepting punishment for the

violation.

4. Majority rule usually involves which of the following types of

ethical reasoning?

A. reasoning based on consequences

B. Rule based reasoning

Chapter 1

SLIDE 22