Hot Debate…
Donna was driving south on Arcola road. She was doing 60 mph in a
50 mph zone. Wilma was driving north on the same street at the
same time. She had been drinking and was weaving back and forth
in her lane. Suddenly, Wilma noticed she was about to miss her turn.
Signaling for a brief second, she made an abrupt left in front of
Donna’s vehicle. The cars collided. Both women received scratches
and broken bones. Both cars were totaled.
Where do you stand?
1. Who was at fault?
2. What arguments would Donna’s attorney present at the civil trial
to determine who was negligent/careless?
3. What arguments would Wilma’s attorney present?
Hot Debate…
Maryann was texting her boyfriend as she drove home from school. A
police officer pulled her over and cited her for violation of the city’s
ordinance against distracted driving. As he did so, Maryann noticed
drivers pulling out onto the street from a fast-food drive-through.
Many of them were using their hands to eat the food they had
purchased. She pointed this out to the officer and asked why the
members of the city council felt that texting was too great a
distraction for a driver but eating was not. He told her that they felt
that texting was more distracting for a driver, and unlike buying and
eating drive-through food, it served no useful purpose.
Where do you stand?
1. Is the ordinance against distracted driving lawful?
2. Has the ordinance been fairly applied?
3. Can you suggest some changes in the ordinance that might make
it a better law?
Chapter 1 –
Laws & their Ethical
Foundation
Lessons:
1-1 Laws and Legal Systems
1-2 Types of Laws
1-3 Ethical Bases for Laws
Lesson 1-1
Laws & Legal Systems
Goals:
• Explain the stages in the growth of law,
• Describe the differences between common law & positive law,
• Identify the origin of the U.S. legal system
WHAT IS LAW? - should be PREDICTABLE & FLEXIBLE
• Laws – enforceable rules of conduct in society, reflect …
• Code – laws grouped in organized form;
• Ex: Criminal Law, Property Law, Business Law, Personal Injury Law
Stages in the Growth of Law
Most societies go through 4 stages in forming their legal systems:
• Individuals take revenge for wrongs done to them,
• matters of personal revenge,
• those wronged feel that justice can be done only through
personally punishing the wrongdoers
• The resulting chaos often leads to….
• An individual acquires enough power to be able to force
above to accept an Award of money or goods, bringing
peace to the society,
• Often called the Sovereign,
Stages in the Growth of Law, cont.
• leader gives this power to a System of Courts,
• The sovereign becomes faced with more cases than one
person can handle, so as a consequence,
• The sovereign sets up a system of courts & gives them
powers to decide certain types of disputes, (Elders/Priests)
• Sovereign still presides over most important matters
• Leader/Central Authority acts to Prevent & Punish
wrongs that provoke individuals to seek revenge.
• tries to prevent breaches of the peace before they occur,
• Does this by enforcing a set of laws & matching punishments
4 Stages Summed Up…
1. Take Revenge…
2. Awards are Substituted…
3. Court Systems are Formed…
4. C/A intervenes to Prevent & Punish Wrongs…
Common Law v. Positive Law
COMMON LAW –
• based on current standards/customs of the people.
• usually marked by judges in settling people’s
disputes, (Case Law – follows Precedent)
POSITIVE LAW –
• Law dictated from above, set down by a
sovereign/central authority to prevent
disputes/wrongs from occurring in first place.
What is the
Origin of Our Legal System?
The world’s 2 great systems of law are the
ENGLISH COMMON Law and the ROMAN CIVIL Law.
Roman Civil Law – organized, comprehensive sets of statutes in code form,
• Typically only changed by the central government, not by judges
• Louisiana – only state in US that has law based on a civil law system.
ENGLISH COMMON LAW – U.S. is based on this…
• Developed in England,
• Barons acted as Judges within their territories
• Disputes - settled on basis of local customs & enforced by Barons,
because of this, laws of England differed from region to region.
• King’s/Queen’s Bench – “ride circuit” holding court, has Jurisdiction
• Baron’s Court – heard local, minor cases
• Jury – citizens of the region
Law Courts v. Equity Courts
Law Courts – follow Precedent (prior cases) as a
guide for deciding similar new cases AFTER
harm has actually occurred.
• Limited to granting money damages
Equity (fairness) Courts – have the power to
issue Injunctions or to Compel Specific
Actions to PREVENT harm from being done.
• No Jury,
• Chancellor’s control
In most states in the U.S., law & equity courts
are Merged. Exception… D/M/T
Activities:
•Questions & Cases ttbk pg. 9
•Read CyberLaw, ttbk pg. 8
Study Tools:
www.cengage.com/school/blaw/law
•Complete lesson 1-1 Quiz
Focus Activity
• Make a list of rules the school enforces.
• Make a second list of rules you must live by at home.
Ask students:
• Which rules would you change?, Why?
• How the change would affect them & their
family/school?
Lesson 1-2 Types of Laws
GOALS:
• Identify the four sources of law
• Discuss how conflicts btwn laws are resolved
• Compare and contrast criminal and civil law,
and substantive and procedural
What Are The Sources
Of Our Laws?
Laws in this country are created at all
three levels of government…
Federal, State, and Local
The forms that these laws can take
include: constitutions, statutes,
ordinances, case law, and
administrative law
Constitutions
• Document that creates governmental framework &
its relationship to the people it governs.
• U.S. Constitution is superior to state constitution.
• Constitutional Law – made when constitutions are
Adopted or Amended, or when Courts Interpret
constitutions.
• Governed by Both Constitution of the US & state.
• Federal & state constitutions are concerned primarily
w/ defining and allocating powers in our society.
The Supreme Court of the United States
is the Final Interpreter of the federal Constitution.
Constitutions defining and allocating
certain powers in our society
Between people & their governments,
• Bill of Rights
Between state governments & federal,
• Interstate v. Intrastate Commerce
Among branches of the government
• Executive, Legislative, & Judicial
What’s Your Verdict?
The federal Constitution guarantees citizens
of the U.S. many rights. These include
freedom of speech, of press, of assembly, to
petition, to bear arms, against unreasonable
searches and seizures, and more.
What part of the U.S. Constitution contains
most of these guarantees?
Statutes
• Laws created by state or federal
legislatures (Congress). Composed of
elected representatives of the people
Ordinance
• Legislation at LOCAL LEVEL, legislation
created by a town, city, etc.
http://www.ecode360.com/UP1236
http://www.ecode360.com/UP1236
Case Law
• Made after a Trial has Ended.
• Judicial branch Creates case law.
Effectiveness of case law ascends
out of the doctrine of
Stare Decisis (to adhere to decided cases)
*Requires that lower courts must follow
established case law in deciding similar cases.*
Carol borrowed her stepfather’s car without his express
permission. The police stopped her and discovered the
car was not registered in her name. They then phoned
her stepfather. When he said he did not know where
his car was, Carol was arrested. At her trial, Carol and
her stepfather testified that she had his permission to
use the car without asking each time. The trial judge
nevertheless found Carol guilty of auto theft, which the
judge stated, occurs when one person takes the car of
another without expressly asking permission. Carol
appealed. The appellate court issued an opinion stating
implied permission is enough, and therefore Carol’s
conviction was overturned. The appellate court’s ruling
concerning implied permission then became state case
law to be applied in similar cases.
Administrative Law
• Laws created by Administrative Agencies.
• Administrative Agencies – governmental
bodies formed to carry out particular laws.
• Examples: SSA, DMV, EPA, CPA,
• Controlled by Executive branch of gov’t,
• Given Legislative power, few have judicial
What Happens When
Laws Conflict?
Constitutions are the Highest Sources of Law, and
the Federal Constitution is “the supreme law of the land”
which means that any federal, state, or local law is not valid if it
conflicts with the federal Constitution.
When a law is invalid
because it conflicts with a constitution, it is
UNCONSTITUTIONAL
What are the
Main Types of Laws?
•Criminal v. Civil Laws
•Procedural v. Substantive Laws
•Business Law
Criminal v. Civil Laws
CIVIL Law – group of laws used to provide remedy for wrongs
against individuals.
• Applies when one person has a right to SUE another person.
• Police Do Not take action in civil conflicts.
CRIMINAL Law – group of laws that defines and sets
punishments for offenses against society.
• Crime – an offense against society.
• Conviction of a crime can result in a Fine, Imprisonment, & in
some states Execution.
• A violation may be Both a Crime and a Civil Offense.
What’s Your Verdict?
Joe was a respiratory therapist in a nursing home.
He controlled the ventilation equipment that kept
some of his patients breathing. One day, to show
the importance of his job to his girlfriend, Joe
without permission or warning, completely cut off
the ventilator support to a severely ill patient.
Within a few moments, the patient began to gasp
for air and nearly lost consciousness before a nurse
ordered Joe to restore the ventilator’s function.
Did Joe violate civil law or criminal law or both?
What’s Your Verdict?
Bill was driving down the road well within the
speed limit. At a stop sign he slowed to about
15 miles per hour, but he did not stop. As a
result, he smashed into the side of Carl’s
Mercedes, causing $12,000 in damage.
Did Bill violate civil or criminal law or both?
Procedural v. Substantive Laws
PROCEDURAL Law - deals with the methods of enforcing
legal rights and duties.
• Example:
• Laws that specific how and when police can make
arrests and what methods can be used in a trial.
• The doctrine of stare decisis is a procedural law.
SUBSTANTIVE Law – defines rights and duties.
• Concerned with all rules of conduct except those
involved in enforcement.
•
Ex: defines offenses such as murder, theft, etc.
Business Law
• Covers rules that apply to business situations &
transactions.
• Most business transactions involve a merchant & a
consumer.
• Largely concerned with Civil Law, especially Contracts.
• TORTS – private wrongs (civil offenses) against people
or organizations.
• UCC (Uniform Commercial Code) – a widely adopted
uniform business law,
• governs areas such as sales, & business forms.
Ex. of Business Related Crimes: Forgery, Embezzlement, Bribery,
Computer Crime, False Pretenses, Evading Taxes, Fraud
Types of Law
• Constitutional Law – based on constitutions,
• Statutory law – Enacted by legislative bodies,
• Administrative law – Rules & regulations made by admin. agencies,
• Civil law – addresses wrongs done to individuals,
• Criminal law – addresses wrongs done to society,
• Procedural law – deals with methods of enforcing legal rights & duties,
• Substantive law – defines legal rights and duties,
• Business law – rules that apply to business situations and transactions
Activities:
•Questions & Cases ttbk pg. 15
Study Tools: Sort It Out – Ranking Scale – Final Rank
www.cengage.com/school/blaw/law
•Complete Reteach 1-2 Puzzle
•Complete lesson 1-2 Quiz
Focus Activity
• (A) Lisa found $20 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) Jess 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 – Lisa or Jess?
What would you do if you found $20 in the restroom?
What does ETHICS mean?
Lesson 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
Ethics Defined…
Ethics – a collection of standards of conduct
and moral judgment forming the basis
for a reasoned, impartial decision as to
what is right or wrong.
3 elements of ethics:
1. A decision about a Right or Wrong Action,
2. decision is Reasoned,
3. decision is Impartial
Decision About a
Right or Wrong Action
To involve ethics, a decision must
AFFECT YOU or OTHERS in some
SIGNIFICANT way.
Many of our decisions have
little effect on others or ourselves…
Reasoned Decisions
To make ethical decisions, we must
base our decisions on
Reason, not on emotion.
Refer to a written authority
that provides consistency.
Which of these thoughts are Reason-based and
which are Emotion-based.
As Jill was trying to decide how to allocate her
monthly paycheck, she thought of the many ways
she could spend it. (1) She could treat herself to a
makeover at the beauty salon because it would
make her feel good. (2) She could repay money
owed her sister because she would want to be
repaid if anyone ever borrowed money from her.
(3) She could get ahead on her monthly bills so
she wouldn’t worry so much. (4) She could enjoy
the thrill of spending it all on lotto tickets.
Impartial Decisions
Impartiality – the idea that the same ethical standards
are applied to everyone.
Does not value one person or group of people more
than any other does.
Requires that in making ethical decisions, we balance
our self-interest with the interest of others.
Behind all organizations there are many people…
Mario was awarding end-of-year bonuses. As he
looked over the list of employees, he rated each
one based on how he felt about them. The
political views of some of the employees affected
his feelings. So did their physical attractiveness.
Ultimately, Mario paid the bonuses in proportion
to the employee’s job performance.
Which evidence suggests that Mario was not
impartial?
Which evidence suggests that he was impartial?
What’s Your Verdict?
While working in the school office, Jane discovered a
copy of the exam to be given in one of her classes.
She thought she could take it home with little chance
of begin caught. In thinking about whether to take
the test home, she considered how helpful an “A” on
the test would be and how important grades are to
her. After sche stole the test she told a friend, “It just
felt so good to know that I wouldn’t need to spend all
that time studying to get an ‘A’.”
Has Jane made an ethical decision?
What’s Your Verdict?
Trevor was a cadet at the national military academy. His father,
General Lucas Bradmore, was intensely proud that his son had
followed in his footsteps by attending the school. All cadets at the
academy adhered to an ethical system created by the cadets
themselves. This system, which had been in place for almost two
centuries, was call the honor code, and it required cadets not to lie,
cheat, steal, or tolerate those who do. During football practice,
Trevor learned that several of the team members had broken into an
academic office and photocopied exams they were to take. Trevor
did not report this behavior to the honor committee before the exam
was given. Later, ridden with guilt at tolerating the players’ behavior,
he turned himself in and was dismissed from the academy along with
the player. His father was heartbroken by what had occurred.
Did Trevor act ethically?
Business Ethics
Why Ethics?? To prepare you to apply ethical concepts to
business decision making.
Business Ethics – ethical principles used in making business
decisions.
All too often, ethics are not considered when business decisions are
made. The reason - Profit Maximization, optimize the
income of business owners, but hurt the common good.
Ex – moving factories offshore,
having skilled jobs done overseas instead of by American workers
NOTE – what is considered ethical behavior in one culture may not be
acceptable behavior in another.
Basic Forms of Ethical Reasoning
CONSEQUENCES based – rightness or wrongness is based only on the
Results of the Action.
• An act that produces good consequences is Good.
• Lying produced bad consequences, so lying is Bad.
These consequences are then evaluated to see whether action
confers the “Greatest Good on the Greatest Number.”
MAJORITY – is chosen
RULE based – acts themselves are judged as right or wrong.
• Telling the Truth is Right
• Standard for judging usually comes from:
• A Recognized Authority, or
• Human Reasoning (Universalizing - irrational, illogical, demeaning)
For almost all ethical decisions, these 2 forms reach same conclusion.
What’s Your Verdict?
In a coastal city of California, residents often could not sleep
because people would drive late at night with their car windows
down and their stereos playing full blast. On weekends and
holidays, people put large home stereos in the back of their
pickup trucks and played them as loud as possible. In response,
the city council enacted a law making it illegal to generate noise
in public above a certain decibel level.
Which ethical form is the above based? Explain Why?
In This Case
As Gabby was pulling out of her parking spot at the mall, her
tires slipped on the coating of ice and snow left by a recent
winter storm. Her car slid sideways, causing her bumper to
crunch into the back fender of the car parked next to her.
Gabby’s car was undamaged by the impact, but the bumper left
a large dent and deep scratches on the other car. Gabby
realized she could just drive off with out anyone knowing. Then
she considered that the damage would probably cost more than
a thousand dollars to repair. Consequently, she flagged down a
mall security car and had the other owner paged so as to take
appropriate responsibility.
What would you have done in Gabby’s place? Why?
What would prompt you to report accident or to keep silent?
FYI – Gabby’s decision is not just an ethical decision. Leaving the scene of an accident is against
the law. Therefore, she is also deciding whether to break the law.
Think Critically….
Universalize…
Cheating on tests….
Is it unethical?
Why or why not?
BRAINSTORM…
Brainstorm other specific situations
in which you are faced with making
ethical decisions.
Ex – finding an envelope of tickets to a professional
baseball game on the street and having to decide
what to do with them….
(recently happened in Cincinnati, Ohio, and the young boys who found the tickets
turned them in to the police. The Cincinnati Reds rewarded them for their honesty
with tickets to a baseball game.)
Ethics Reflected in Our Laws…
In our elections, Majority Rule prevails, consequences-based ethics, using
this system laws are judged to be right or good when they affect the
majority of the people positively.
Both forms of ethics conclude that we are obligated to obey the law:
When the law is violated, many more people are injured than are benefited
Scofflaws – persons who do not respect the law. They assess the risk of
being caught and punished. They lack personal integrity.
In contrast to the self-serving behavior, others are concerned for justice so
much so that sometimes compels them to violate what they consider to be
an unjust law. Civil disobedience – open, peaceful, violation of a law to
protest its supposed injustice. Goal – is to make legal system more just.
May be willing to be arrested in order to test the validity of the law in court.
What’s Your Verdict?
In the early 1960’s, Dr. Martin Luther King, Jr., wanted to lead a march
into Birmingham, Alabama, to protest racial segregation in that city.
When he applied for a parade permit, his request was denied. Dr. King,
knowing that his conduct was illegal, led the nonviolent march anyway.
He was at the front of the line and allowed himself to be arrested,
although he could have easily escaped. He went to jail. Community
leaders were highly critical of Dr. King because he had violated the law.
In response and while in jail, he wrote a famous letter attacking
segregation laws as inconsistent with consequential and rule based
ethical reasoning.
Is there an ethical justification for Dr. King’s violation of the law?
Why Are We Obligated To Obey Laws?
Because ethical reasoning demands it,
Because we have agreed to obey it,
&
Because by obeying it we avoid
punishment.
What’s Your Verdict?
Sam was stopped for suspicion of drunk driving? The
breathalyzer tests showed a blood alcohol level of 0.079 %.
State law defines drunkenness at 0.080 %, so Sam was not
charged. Bob was stopped ten minutes later at the same
location. His test showed 0.081 % blood level and he was
arrested, tried, and found guilty. His driver’s license was
revoked for one year.
Is there any ethical justification for
treating Sam and Bob so differently?
CLASS SURVEY
I’m asking you to take a survey by Blind Ballot
and we will discuss results afterwards.
I’m asking you to vote for the main reason
that compels you to obey the law.
CHOICES are:
1. TO AVOID PUNISHMENT
2. IT IS THE RIGHT THING TO DO
Activities:
•Questions & Cases ttbk pg. 19
•Complete lesson 1-3 Quiz
Review Chapter 1 Material:
• Textbook pg. 20-21, Concepts in brief, Vocabulary, Cases
• www.cengage.com/school/blaw/law
• Lesson 1-3 online study tool
• Puzzle, Interactive Quiz