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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.
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
SLIDE 3
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
SLIDE 4
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
SLIDE 13
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