Our Laws and Legal System

Chapter 1

Adamson , John E., Law: for Business and Personal Use, 18edition

1-1 Objectives

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

Class Discussion

With her stereo blasting, Clarisse began her drive home from school in her small pickup. She was soon pulled over by the police officer. The officer cited her for violation of the city’s noise ordinance. As he did so his voice was partially drowned out by the sound of jack hammers from a nearby construction site. Clarisse asked the officer why he had not cited the construction company as well. He replied that, even though the company was in violation, the noise ordinance had been put on the books to stop people from playing loud music in public, not to stop honest work.

Source: Law for Business and Personal Use 18edition by John E. Adamson

What is Law?

Laws Enforceable rules of

conduct in a society. Reflect the culture and

circumstances that created them.

Code Laws grouped into an

organized form

Search Hammurabi…

1. What were some of the more unusual parts of is Code?

2. How many different laws were included?

Stages in Development of Law

1. Individuals take revenge for wrongs done to them Gang-related shootings

2. Accept awards of money or goods as a substitute for revenge Sovereign (individual who brings 2nd stage)

3. Court systems are formed

4. Central authority figure intervenes to prevent & punish wrongs

U.S. Law – Which State?

It is illegal to hunt birds from an airplane. Tennessee

It is illegal for anyone other than a barber to advertise haircuts. Michigan

It is illegal to forget to close a gate. Nevada

Residents must bathe once a year. Kentucky

U.S. Law – Which State?

One may not mutilate a rock in a state park. Colorado

It is unlawful to lend your vacuum cleaner to your next door neighbor. Denver

The dog catcher must notify dogs of impounding by posting, for three consecutive days, a notice on a tree in the city park and along a public road running through said park. Denver

Common Law vs. Positive Law

Common Law (case law) Law based on the current standards or customs of the

people.

Positive Law Law set down by a sovereign or central authority to

prevent disputes from occurring. Some examples of positive laws might include statutes,

and ordinances. Positive laws may be written and enacted by government

lawmakers, and administrative agencies

Common Law or Positive Law?

In China, people have to pay a fine for having more than one child.

In Saudi Arabia, there are two highways between Jiddah and Ryadh. One of them is for Muslims, the other is for "infidels”.

All gondolas in Venice by law, must be painted black unless they belong to a high ranking official.

In Scotland, It is illegal to be a drunk while in possession of a cow.

Student Assessment

1. Define the word Law. 2. Define the word Code. 3. In order, list the four stages in the

development of law. 4. Define Common Law. 5. Define Positive Law. 6. What type of law do you think U.S. Law is

based on? Why?

Class Activity

Create a set of laws or codes of conduct for a fictional culture. (Have fun with it) This set of laws must contain:

Five common laws that have arisen out of their culture.

Five positive laws that have been imposed on the people by the ruling class.

Write a paragraph describing a habit or characteristic that your family has that might seem quirky to an outsider.

Origin of Our Legal System Two great systems of law in the world

English common law Roman civil law

Trivia: Which state in the U.S. has a legal system that is not based on English common law? 49 states are based on English common law

Louisiana is based on civil law.

English Common Law

Different laws throughout England. King Henry II (circa 1150)

The King’s Bench Judges appointed by King Henry II Jurisdiction: The power to decide a case. Judges held court in villages (rode circuit).

Good weather months. Judges heard cases on appeal in London.

Bad weather months. Jury: Citizens chosen to help interpret that regions

customs for court. The jury system is a unique institution in English common

law system.

English Common Law

Advantages of English Common Law: Uniformity of law. Ability to adapt to changes in society.

Precedent: The use of prior cases as a guide to deciding similar new cases.

Disadvantages of English Common Law: A rigid adherence to proper form can arise.

i.e. Misspelled word or period. Could only grant remedy for damages.

i.e. Inability to stop a wrong from happening.

Alternative to English Common Law Equity: Fairness Chancellor assigned by King

Usually a high clergyman Conduct a hearing:

Different rules than common law courtNo juryOnly accessible by noblesDifferent remedies would be applied

Injunction: an order that prohibits something from being done

Given control over equity courts (created by King)Access to equitable remedies for All citizens

Modern U.S. Law: There are three states in the United States

that administer law and equity separately. Delaware. Mississippi. Tennessee.

Student Assessment

1. What are the world’s two great systems of law? 2. Define the word jurisdiction. 3. Describe the Kings Bench and how it worked. 4. Define the word equity. 5. What could the chancellor do that the common

law courts didn’t? 6. What are the four sources of U.S. Law?

1-2 Objectives

Identify the sources of law Discuss how conflicts between laws are

resolved Compare and contrast criminal and civil

laws, and substantive and procedural law.

Sources of U.S. Law1. Constitutions (Federal and State)

Definition: A document that sets forth the framework of government and its relationship to the people it governs.

Allocation of power between the people and their government.

Bill of Rights: The first ten amendments. Allocation of power between federal and state

governments. Federal governments regulate both foreign and interstate

commerce. State governments regulate intrastate commerce.

Allocation of power among branches of government. Executive branch, legislative branch, judicial branch. Checks and Balances: no branch gets too powerful.

Sources of U.S. Law Federal Constitution created the Congress of the

United States. State Constitutions created the state legislatures.

2. Statutes Definition: Laws enacted for their citizens by

federal or state legislatures. Elected representatives act for citizens and

enact laws. Delegate some legislative authority to local

governments. (Cities, towns, counties etc.) Ordinance: Local level legislation.

Sources of U.S. Law

3. Administrative Law Administrative Agencies

Definition: Governmental bodies formed to carry out particular laws

Created by legislatures, controlled by the executive branch. Sometimes given legislative powers.

Authority to create administrative laws (rules, regulations).

Sometimes given limited judicial powers. Authority to hold hearings, make determinations of fact,

and apply law to certain cases.

Sources of U.S. Law

4. Case Law Created by the Judicial branch of governments. Usually made when a trial has ended and one party has

appealed to a higher court. Appellate court publishes opinion which may state rules

to be used in similar cases Effectiveness arises out of doctrine of stare decisis (“let

the decision stand”) Lower courts must follow Supreme courts are not bound by stare decisis.

1-2 Class Activity:

In small groups … Research 1 source of law and present to class

1. Constitution (state, federal) amendments

2. Statutes

3. Case Law

4. Administrative agency Include the following:

Definition/Description (from notes/book) Example of a law (Precise wording and summary) Current Article (extra credit) Include Citation(s)

Student Assessment

1. What are the four sources of U.S. Law? 2. Who creates case law? 3. What powers are administrative agencies

sometimes given? 4. Define statutes. 5. Define ordinance. 6. Who regulates interstate commerce?

When Laws Conflict

Federal Constitution “The supreme law of the land”. No federal, state, or local law is valid if it conflicts

Unconstitutional

Supremacy rules: Federal Law > State Law > Local Law. Constitutional Law > Statutory Law > Administrative

Law.

Main Types of Laws

Civil Law Group of laws that allow individuals to seek legal remedies for

wrongs done to them. Police do not take action in civil matters. Applies to enforcing legal promises. Applies when one person injures another.

Criminal Law A crime is an offense against society. Acting in the name of all the people, the government

investigates an alleged wrongdoing Result in fine, imprisonment, or execution

Violations can be both civil & criminal

Types of Law

Procedural Law Methods of enforcing legal rights and duties. Stare Decises is a form of procedural law. Determine what remedies are available.

Civil procedure & criminal procedure.

Substantive Law Defines rights and duties. Concerned with all rules of conduct except those involved

in enforcement.

Business Law Covers rules that apply to business situations

and transactions Involve merchant and consumer Largely civil law Torts

Private wrongs against people or organizations. UCC (uniform commercial code)

Widely adopted uniform business

1-3 Objectives

Define Ethics Compare and contrast consequences-

based ethics with rule-based ethics Discuss ways in which ethics are

reflected in laws

What is Ethics?

A. Lisa found a $20 bill on the floor in the girl’s locker room at school. She bought her sister a gift with part of the money and put the rest of the money in her savings

B. Jimela found $20 on the floor in the girl’s locker room. She knew whoever lost the money would probably need it, so she turned the money in to the office.

Who is displaying more ethical behavior?What would you have done?

Ethics

1. Decision about a right or wrong action. To involve ethics, a decision must affect you

or others in some significant way.

2. Decision is reasoned. Not based on emotion. People reason about right and wrong by

referring to a written authority that provides consistency.

3. Decision is impartial The same ethical standards are applied to

everyone.

Business Ethics

Ethical principles used in making business decisions

Profit maximization Supported by those who need a

justification for actions that would hurt the general welfare.

Forms of Ethical Reasoning1. Consequences-based ethical reasoning.

Determines rightness or wrongness based on on results of actions and how they affect the majority of the people involved.

Steps in consequential reasoning: Describe alternative actions. Forecast consequences. Evaluate consequences.

Potential pitfalls: Subjective definition of good (pleasure, love,

justice, financial reward). Who will be receiving “the good”.

2. Rules-based ethical reasoning. Acts are judged to be right or wrong.

Steps in rules-based reasoning: Must have a standard for judging.

Based on authority (Religious source). Based on reasoning (Universalizing).

Universalizing: picturing everybody performing the same action and then assessing the result to see if it is irrational, illogical, or demeaning (i.e. cheating on tests).

Pitfalls: Standards for judging are subjective.

Forms of Ethical Reasoning

Activity

Schoology

Comment in Discussion Threads

1. Ethics

A.Create your own comment for given scenario

B. Comment on at least one of your classmates (different scenario)

2. Kevorkian

Ethics Reflected in our Laws Laws judged to be right or good when they

affect majority of people positively. Greatest good for the greatest number of people.

Also protect well-being of minorities that might be taken advantage of by the wrong actions of the majority. Protected by the constitution and civil laws.

We are obligated to obey the law both consequence and rules-based.

Ethics Reflected in Laws Fidelity bond

Insurance policy that pays employer money in case of employee theft

Scofflaws People who do not respect the law at all Assess risks of being caught and punishment

Never ethically justified

Integrity Capacity to do what is right in the face of

temptation or pressure to do otherwise

Ethics Reflected in Laws Civil Disobedience

Open, peaceful, violation of a law to protest its alleged injustice

Make legal system more just Civil Disobedience Ethical when:

A written law conflicts with ethical reasoning There are no political methods available to

change the law Nonviolent Does not advance immediate self-interest Public and one accepts the punishment for

violating the law.

Chapter 1 QuizGive the word for: 1. Enforceable rules of conduct in a society. 2. An order that prohibits something from being done. 3. Private wrongs against people or organizations. 4. Insurance policy that pays an employer money in

case of theft. 5. An offense against society.

Define or describe: 6. Scofflaw. 7. Stare Decisis. 8. Rules-based ethical reasoning.

Chapter 1 QuizTrue or False: 9. Business Law is largely civil law. 10. Police take action in criminal and civil cases. 11. Universalizing is part of consequence-based

reasoning. 12. Civil law applies when one person injures another.

Answer the following questions: 13. Describe the Kings Bench and how it worked. 14. How do our laws reflect both consequence-based

and rules-based ethical reasoning? 15. What doctrine are lower courts bound to that the

supreme courts are not?

Chapter 1 QuizExtra Credit: 16. Name an administrative agency. 17. Give me an example of a case in which someone

would be subject to both criminal law and civil law and explain why.

18. Define precedent. 19. Does adhering to stare decisis mean that courts

follow precedent? 20. What is universalizing?