CHAPTER
1
Laws 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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1-1
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
Chapter 1
Slide 2
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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?
Chapter 1
Slide 3
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Stages in the growth of law
Common law versus positive law
Chapter 1
Slide 4
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Chapter 1
Slide 5
How does common law differ from positive law?
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English common law
King’s Bench
Jury
An example
Advantages of English common law
Equity: An alternative to common law
Chapter 1
Slide 6
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Chapter 1
Slide 7
On which early legal system is the
U.S. legal system based?
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1-2
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
Chapter 1
Slide 8
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What is law?
Chapter 1
Slide 9
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Constitutions
Statutes
Case law
Administrative regulations
Chapter 1
Slide 10
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Chapter 1
Slide 11
What are the four sources of law?
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Constitutions and validity
Statutes and validity
Administrative regulations and validity
Case law and validity
Chapter 1
Slide 12
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Chapter 1
Slide 13
Which source of law in the United
States is the highest authority?
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Civil and criminal laws
Procedural and substantive laws
Business law
Uniform business laws
Chapter 1
Slide 14
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Chapter 1
Slide 15
Compare and contrast criminal and civil law and substantive and procedural law.
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Constitutional law Based on constitutions
Statutes Enacted by legislative bodies
Administrative law Rulings by administrative agencies
Civil law Addresses wrongs done to individuals
Criminal law
Procedural law
Addresses wrongs done to society
Deals with methods of enforcing legal rights and duties
Substantive law
Business law
Defines legal rights and duties
Rules that apply to business transactions
Chapter 1
Slide 16
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1-3
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
Chapter 1
Slide 17
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What does ethics mean?
Chapter 1
Slide 18
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Basic forms of ethical reasoning
Consequences-based ethical reasoning
Rule-based ethical reasoning
Ethics reflected in laws
Chapter 1
Slide 19
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Chapter 1
Slide 20
In the U.S. system of democracy, how are ethics reflected in laws?
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