Name ______________________________________Date __________Class _______________
LESSON 1-1 LAWS AND LEGAL SYSTEMS
Lesson 1-1 Outline
I.
What Is Law?
A. Stages in the Growth of Law
B. Common Law versus Positive Law
II.
What is the Origin of the U.S. Legal System?
A. English Common Law
1. King’s Bench
2. Jury
3. An Example
4. Advantages of English Common Law
B. Equity: An Alternative to Common Law
Lesson 1-1 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. laws
Enforceable rules of conduct in a society.
2. code
Laws grouped into an organized form.
3. common law
Law based on the current standards or customs of the people.
4. positive law Law dictated by a sovereign or other central authority to prevent disputes and
wrongs from occurring.
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Lesson 1-1 Review (continued)
5. jurisdiction
6. equity
The power to decide a case.
Fairness.
Concept Review
7. Why do societies need laws and courts?
Societies need laws to protect individuals and to settle disputes between individuals. Courts
are needed to settle disputes, award damages, and prevent or punish wrongs.
8. What powers do the courts have when personal or private property is damaged or destroyed?
In property matters, courts may enter a judgment to compel specific actions, such as paying
damages, or issue an injunction to prohibit something from being done.
Goals Review
9.
Explain the stages in the growth of law.
The four stages in the growth of law are: (1) Individuals take revenge for wrongs done to
them. (2) Awards of money or goods are substituted for revenge. (3) Court systems are
formed. (4) A central authority figure intervenes to prevent and punish wrongs.
10.
Describe the differences between common law and positive law.
Common law is based on the current standards and customs of the people and is usually
pronounced by judges in settling people’s disputes, while positive law is set down by a
central authority to prevent disputes and wrongs from occurring in the first place.
11.
Identify the origin of the U.S. legal system.
The U.S. legal system is derived from several different sources such as the English common
law and Roman civil law.
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Name ______________________________________Date __________Class _______________
LESSON 1-2 TYPES OF LAWS
Lesson 1-2 Outline
I.
What Are the Sources of Law?
A. Constitutions
1. Allocation of Power Between People and Their Governments
2. Allocation of Power Between Federal and State Governments
3. Allocation of Power Among the Branches of Government
B. Statutes
C. Case Law
D. Administrative Regulations
1. Constitutions and Validity
2. Statutes and Validity
3. Administrative Regulations and Validity
4. Case Law and Validity
E. Civil and Criminal Law
F. Procedural and Substantive Laws
G. Business Law
1. Uniform Business Laws
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Lesson 1-2 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. constitution Document that sets forth the framework of a government and its relationship to
the people it governs
2. statutes
Laws enacted by legislatures.
3. ordinance Legislation enacted at the local level.
4. case law Law made after a trial has ended and one of the parties has appealed the result to a
higher court.
5. stare decisis The legal doctrine that requires lower courts to follow established case law in
deciding similar cases (“to adhere to decided cases”).
6. administrative agencies Governmental bodies created by federal, state, and local legislatures
to carry out particular laws.
7. civil law
The group of laws that make up for wrongs against individual persons.
8. criminal law
Laws governing the citizens’ right to live in peace.
9. substantive law Laws defining rights and duties of conduct except those involved in
enforcement.
Concept Review
10. How is power allocated between federal, state, and local governments?
The federal Constitution delegates powers between the federal and state governments. State
governments grant some legislative authority to local governments. In addition, state and
federal constitutions allocate governmental powers among the executive, legislative, and
judicial branches of the governments.
11. What determines whether a particular law, statute, ordinance, or regulation is valid?
Any federal, state, or local statute, case law, or administrative decision is not valid if it
conflicts with the federal Constitution.
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Lesson 1-2 Review (continued)
12. How can a single act violate more than one kind of law, such as both civil law and criminal
law? Give an example.
A single act may be both an offense against society and a violation of private legal rights of
an individual. For example, a drunk driver who wrecks someone else’s car has violated both
a criminal law by driving while intoxicated and a civil law by damaging the property of
another.
Goals Review
13. How are constitutional, statutory, case, and administrative laws created?
The adoption or amendment of a constitution creates constitutional laws. Legislatures and
local governments through authority granted by constitutions enact statutory laws.
Administrative laws are created by agencies of the federal, state, and local governments
within the authority granted by legislatures. Case law is made through decisions of federal
and state courts.
14. How are conflicts between constitutional, statutory, case, and administrative laws resolved?
The federal Constitution is the supreme authority. The validity of laws is determined by
whether they violate authority granted by constitutions or legislative bodies or conflict with
laws enacted by higher authorities.
15. Describe the differences between criminal and civil law, substantive and procedural law, and
business law and other forms of law.
Civil laws govern offenses against individuals while criminal law addresses offenses against
society. Procedural law deals with methods of enforcing legal rights and duties while
substantive law defines rights and duties for all conduct except that involved in
enforcement. Business law specifically covers rules that apply to business situations and
transactions; however, other kinds of laws may also affect business practices.
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Name ______________________________________ Date __________ Class _______________
LESSON 1-3 ETHICAL BASES FOR LAWS
Lesson 1-3 Outline
I.
Ethics and the Law
A. Basic Forms of Ethical Reasoning
1. Consequences-Based Ethical Reasoning
2. Rule-Based Ethical Reasoning
B. Ethics Reflected in Laws
Lesson 1-3 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. impartiality
The idea that the same ethical standards are applied to everyone.
2. universalizing Imagining everyone doing the same thing and then determining whether the
result would be irrational, illogical, or demeaning.
3. ethics
Practice of deciding what is right or wrong in a reasoned, impartial manner.
4. civil disobedience
injustice.
An open, peaceful, violation of a law to protest its alleged or supposed
5. integrity
The capacity to do what is right even in the face of temptation or pressure to do
otherwise.
Concept Review
6. Why do the two forms of ethical reasoning, consequences-based and rule-based, usually result in
the same decision, and what is the probable cause when they do not?
Both forms of ethical reasoning assume that human beings have dignity and worth, and
therefore consequences-based reasoning usually produces bad consequences for actions that
violate rule-based reasoning. However, when the decisions differ it may be because not all
consequences were correctly foreseen or impartiality was not used in evaluating
consequences.
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Lesson 1-3 Review (continued)
7. How does the majority rule principle demonstrate consequences-based reasoning in our laws?
When laws are made to protect the rights of the majority, the greatest number of people
benefit, which is the basis of consequences-based reasoning.
Goals Review
8. How are ethical decisions reasoned out?
An ethical decision is one that is reasoned out typically by referring to a written authority
that provides consistency. The law is such an authority.
9. Think about consequences-based ethics and rule-based ethical reasoning. Write a brief
paragraph describing a scenario in which breaking the rules has an ethical outcome.
A parent rushing a sick child to the hospital in the middle of the night might not make it to
the hospital in time to save the child’s life if he or she obeys the traffic laws. However, if the
parent ignores the laws and risks getting a ticket the child’s life will be saved.
10.
How are ethics reflected in laws?
Because the U.S. legal system is grounded on majority rule, the laws are judged to be right
or good when they affect the majority of the people positively. Laws are judged to be wrong
when they affect the majority negatively. The government, which is empowered by the U. S.
Constitution, seeks to ensure that the federal lawmaking system provides the greatest good
for the greatest number of people. However the Constitution also seeks to protect minorities
that might be taken advantage of by the wrong actions of the majority. This is effected by the
rights established in the first ten amendments to the Constitution. This protection of basic
human rights established in the Bill of Rights and other civil rights laws reflects the ethical
bases of rules.
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