Introduction to Law:
Sources of Law,
Law and Ethics,
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OBE-118,
Fall, 2004
Professor McKinsey
1
Introduction to Law
Today’s Agenda
Nature and Sources of Law
Ethics and the Law
or,
How to avoid being Martha Stewart
or an Enron executive
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2
English Common Law
U.S.
Constitution
State #1
Constitution
Federal
Courts
State #2
Constitution
Congress
Executive
Branch
Agencies
State
Courts
State
Leg
State
Exec
State
Courts
Agencies
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State
Leg
State
Exec
Agencies
Individual or Business
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Types of Law- Source
•
•
•
•
•
C
S
C
R
O
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Types of Law- Type
• Criminal
• Civil
• Administrative (Quasi Civil)
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5
Defining the Law
• Some law is “black letter”
• Most law is very ambiguous and hard to pin
down
– Court interpretations of statutes – “precedent”
– Ethical interpretations
– Tradition and practice of police, courts and
agencies
– Case law or “common law”
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Cases
• Cases flesh out and define black letter law as well
as create law of their own
• When reading a case, what things should you look
for that tell you the importance and relevance of the
case?
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Jurisprudence, or “What is Law?”
“Law is what the sovereign says it is.”
Decisions stand, regardless of morality.
“An unjust law is no law at all and need
not be obeyed.”
Laws must have a good moral basis.
“Enforcement of the law is more important
than the law itself.”
Enforcers determine if the law is applied
in a fair and consistent way.
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Applying the Law
• Begin with black letter law
• Evaluate the moral situation
• Apply the moral pressure against the strength of the
law
1) The less clear the black letter law, the
more likely moral standard determines
outcome.
2) The stronger the moral conviction the
more likely moral standard determines
outcome.
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9
What Standard???
Questions
• Can a judge use his or her own standard?
• Must a judge go against his or her own belief?
• Does it matter if the judge is elected? Does it matter
if the judge proclaimed the particular belief?
• What limits legislature?
• What limits the majority?
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Overview of this Course
Introduction, Defining Law
Types of Law Forums Where Law is Applied
Torts
Contracts
Product Liability
Some
Secured Transactions
substantive
Bankruptcy
areas we
Property
get to
Business Organizations
sample
Employment Law
Antitrust Law
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Next Week
• Bring Scantron quizstrips to every class starting
next week
• First Scheduled quiz is on Thursday of next week
• Remember to read before class Tuesday
• Next week: The Constitution and Sources of Law
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