Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western

CHAPTER 1Laws 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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1-11-1 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

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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western

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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Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western

WHAT IS LAW?

Stages in the growth of law Common law versus positive law

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How does common law differ from positive law?

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WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM?

English common law King’s Bench Jury An example Advantages of English common law

Equity: An alternative to common law

Chapter 1Slide 7

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On which early legal system is the U.S. legal system based?

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1-21-2 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

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FOCUS

What is law?

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WHAT ARE THE SOURCES OF LAW?

Constitutions Statutes Case law Administrative regulations

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What are the four sources of law?

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WHAT HAPPENS WHEN LAWS CONFLICT?

Constitutions and validity Statutes and validity Administrative regulations and validity Case law and validity

Chapter 1Slide 13

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Which source of law in the United States is the highest authority?

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WHAT ARE THE MAIN TYPES OF LAWS?

Civil and criminal laws Procedural and substantive laws Business law

Uniform business laws

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Compare and contrast criminal and civil law and substantive and procedural law.

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TYPES OF LAWConstitutional 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

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1-31-3 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

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FOCUS

What does ethics mean?

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ETHICS AND THE LAW

Basic forms of ethical reasoning Consequences-based ethical reasoning Rule-based ethical reasoning

Ethics reflected in laws

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In the U.S. system of democracy, how are ethics reflected in laws?