What is Law?

1. What is Law? “……still need the same protection from the conduct of others.” From what type of behaviors do we still need to be protected? Chapter 1

2. Chapter 1Laws and TheirEthical Foundation 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws Chapter 1

3. 1-1 Laws and Legal Systems 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

4. WHAT IS LAW? • Enforceable rules of conduct in a society • Reflects the culture & circumstances that create them • Laws grouped in an organized form are CODES Hammurabi, King of Babylon Chapter 1

5. Stages in the Growth of Law • Individuals free to take revenge • Wild West, little kids, Gangs • Sovereign (Leader) acquires power……convinces the wronged to accept goods/money • Sovereign gives this power to a system of courts • Leader (central authority) acts to prevent/punish wrongs Chapter 1

6. Stages in the Growth of Law “The more insecure the society the more severe the criminal punishment” Chapter 1

7. Laws • Reflect the wisdom-or lack thereof-of their creators • Laws should be both predictable and flexible. • In what ways are the rules at CLS predictable/flexible? Chapter 1

8. Laws • What happens when a legal system is too controlling/rigid? • What is the best system of laws? Chapter 1

9. WHAT IS LAW? Common Law Positive Law Set forth by sovereign or other central authority to PREVENT disputes in the first place • Based on current standards & customs • Evolves slowly, appropriate to current standards of the people Chapter 1

10. WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? • Louisiana, Anyone? • ROMAN CIVIL LAW • Comprehensive codes • Only changed by central government • Judges must enforce them, not change them Chapter 1

11. WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? • The rest of the U.S. uses….Anyone? • ENGLISH COMMON LAW • In the beginning……. • Feudal barons settled disputes…. • ……problems with this? Chapter 1

12. WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? • ENGLISH COMMON LAW • Then……. • King’s (Queen’s) Bench Created • Good Weather? • Bad Weather? • Jurisdiction – Power to decide a case • Jury – to respect local customs/standards -- used local citizens King Henry II Chapter 1

13. Tell Me About Gwen and William….. Ruling? Williams reaction? Then what? Chapter 1

14. English Common Law • Advantages? • Uniform, common laws, stability • Precedents – use prior case law as guide to settle current case • Disadvantages? • Rigid adherence • Only remedy of damages – harm must be done before action taken Chapter 1

15. Courts of Equity • Originally only available to who? • Addresses a major problem w/ Courts of Law • Do not have to suffer damages • Injunction • Can also COMPEL specific actions • US courts have merged the two

16. Comparison of Courts Court of Laws Court of Equity Provides fairness & justice when money will not fix problem Family Law Probate Trusts Specific performance No Jury • Provides monetary damages when that will repair wrong created by defendant • Everything not covered in C.O.E. • Jury • Legal Focus Page 16

17. Equity Equity = Fairness Use precedent cases for application of the law fairly. Fairness ≠ Same Chapter 1

18. On which early legal system is the U.S. legal system based? Chapter 1

19. 1-2 Types of Laws GOALS • Identify the four sources of law • Discuss how conflicts between laws are resolved • Compare and contrast criminal and civil law, and substantive and procedural law Chapter 1

20. WHAT ARE THE SOURCES OF LAW? • Constitutions • Statutes • Case law • Administrative law Chapter 1

21. WHAT ARE THE LEVELS OF GOVERNMENT? • Federal • State • Local All create laws, but who has supremacy? Chapter 1

22. Minimum Wage For instance: federal minimum wage is $7.25. Illinois state is $8.25. Wisconsin state is $7.25 http://www.dol.gov/esa/minwage/america.htm#Illinois Chapter 1

23. Constitutions • Supreme Law of the Land • Creates framework and relationship to the people • U.S. Constitution and state constitutions apply concurrently • Which is superior? Chapter 1

24. Constitutional Law • Highest source of law • Adopted • Amended • Interpreted (courts) • U.S. Supreme Court is final interpreter • All laws must be in line with Federal Constitution Chapter 1

25. Allocation of Power….. • Between people and their government • Bill Of Rights (1st Ten Amendments) • What does this protect you from? • Between Federal and State Governments • Example: Commerce • Foreign & INTERstate = Federal • INTRAstate = State • Among Branches of Government • System of Checks and Balances Chapter 1

26. Statutes Pending Legislation in Illinois • Laws enacted by legislative branches of state and federal (Congress) • Inferior to the U.S. Constitution • Elected officials represent the citizens • Local governments create ordinances that effect their communities Chapter 1

27. Case Law NEW CASE LAW(S) • Laws enacted by judicial branches • Trial ended and appeals exhausted • Stare Decisis– “Let it Stand” • Important Because: • Don’t Start from scratch • Biases have less chance to interfere • Makes system more efficient • More stability Who is not bound by Stare Decisis? Chapter 1

28. Precedents • Why Overturn? • Reasoning No Longer Valid • Publicity • School Prayer • Women in certain occupations • Segregation • Speed Limit Restrictions

29. Administrative Law • Created by Legislature, controlled by Executive Branch • Rules and regulations made by appropriately empowered Administrative Agencies • Legislative Powers – create rules/regs • Judicial Powers – hold hearings Chapter 1

30. What are the four sources of law? Chapter 1

31. What Happens When Laws Conflict? What source of law is the highest authority? Chapter 1

32. What Happens When Laws Conflict? • Constitutional Validity • Unconstitutional means what? • Is the U.S. Supreme Court the ultimate authority? • Statute and Administrate Validity • Constitutional? • Does law exceed scope of power? • Case Law and Validity • Legislative body can nullify courts interpretation by rewriting statute Chapter 1

33. Which source of law in the United States is the highest authority? Chapter 1

34. WHAT ARE THE MAIN TYPES OF LAWS? • Civil and criminal laws • Procedural and substantive laws • Business law • Uniform business laws Chapter 1

35. CIVIL LAW CIVIL LAW • Wrongs against individuals • Police do not take action • Seek remedy for wrongs done • Wrongs against society • Gov’t investigates/ prosecutes • Conviction results in fines/ imprisonment/ execution TORTS Chapter 1

36. Some actions are both civil & criminal Bill takes a watch from a counter display in a retail store and leaves the store without paying for it. A security guard gives chase and bumps into a pedestrian injuring her. Bill jumps into a stranger’s car, pulls a knife and orders her to help him escape. As they attempt to leave she hits a pedestrian and then a parked car. The guard catches up and pulls Bill out. Bill slashes the guard’s arm with his knife; takes off running….. Chapter 1

37. PROCEDURAL SUBSTANTIVE • How legal rights and responsibilities must be exercised in the legal system • What remedies are allowed • Criminal Procedures? • Civil Procedures? • Defines legal rights and duties • Defines crimes • What is the difference between assault and battery? Chapter 1

38. Procedure Law • Procedural law issues are argued by the attorney before a judge rather than before a jury. The judge will decide procedural issues because they are questions of law. • Evidence issues such as hearsay • “Objection your honor”. “On what grounds?” • Failure to follow proper procedure can cause an otherwise winning case to be lost. Chapter 1

39. Substantive Law Substantive law defines duties, establishes rights, and prohibits wrongs. It is concerned with all rules of conduct. The law against taking another’s life is a part of substantive law. The law protecting you from discrimination in housing, schooling and the like is part of substantive law. • Murder • Theft • Breach of contract • Negligence Chapter 1

40. Business Law • Covers rules that apply to business situations and transactions. • Mostly Civil law • Contracts (Breach) • Commercial torts • Cease & Desist Gator Mascot • Criminal law for business activities • Bernie Madoff • Enron • Martha Stewart Chapter 1

41. The Uniform Commercial Code - UCC • A uniform law enacted in part by all fifty states to create certainty in the area of commercial contracts and to make the law consistent with common business practice. • Is this good? Why? • Makes doing business easier • Uniformity

42. Chapter 1

43. 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 Chapter 1

44. ETHICS is a decision…… .....Of right or wrong • Affects you or others …..Is reasoned • Not emotion • May use established authority as source • The Law • Religious texts …..Is impartial • Applies to everyone Chapter 1

45. Consequences-based ethical reasoning • Rightness or wrongness is based only on the results of the action. Particular acts have no ethical, or moral, character. • It was right to do that, because I didn’t get caught. • I did it because I was financially rewarded. • I did it for justice. What is a major consideration in this reasoning process? Chapter 1

46. Rule-based ethical reasoning • Acts are judged to be either right or wrong. • Example anyone? • What are the STANDARDS FOR JUDGING based on? • A recognized authority • Frequently a religious source (ten commandments) • Human reasoning • Universalizing – what if everyone was doing this? Chapter 1

47. Real World Business • Enron Corporation employed approximately 22,000 people • One of the world's leading electricity, natural gas, pulp and paper, and communications companies • Claimed revenues of $111 billion in 2000. • Offshore accounts were hiding losses for the company which the Executives and insiders at Enron knew about and the investors (stock holders) knew nothing about. Chapter 1

48. Real World Business • In 2001 it was revealed that their accounting firm, Arthur Anderson, was practicing irregular accounting. • Enron was on the verge of bankruptcy • Enron shares dropped from over $90.00 to less than 50¢ • Arthur Anderson, one of the world's top five accounting firms was dissolved. Video Chapter 1

49. Ethics Reflected in Laws • Both ethics based on consequences and ethics based on rules conclude that we are obligated to obey the law. • Consequence based reasoning usually results in more people being injured than are benefited. • Rule based reasoning, if we break the rule, we are breaking our promise to obey the rules, usually affects one person. Chapter 1

50. Ethics Reflected in Laws • MAJORITY RULE! (consequence-based) • To be re-elected, representatives need to vote for the majority opinion of their people • PROTECT WELL-BEING OF MINORITIES (rule-based) • Individual rights preserved by the Bill of Rights Chapter 1