© 2011 south-western | cengage learning goals lesson 1.1 law, justice, and ethics recognize the...

© 2011 South-Western | Cengage Learning

GOALS

LESSON 1.1

LAW, JUSTICE,AND ETHICS

Recognize the difference between law and justice

Apply ethics to personal and business decision making


BUSINESS LAW, 2e LESSON

SLIDE 2

1.1

Law and Justice

Laws are rules of conduct that a political authority will enforce.

Business law refers to the specific group of laws that regulates the establishment, operation, and termination of commercial enterprises.



SLIDE 3

1.1

The Growth of Law

Stage 1Stage 2Stage 3Stage 4



SLIDE 4

1.1

Justice

Justice is considered to be what is right, fair, or appropriate, based on one person’s perspective, in response to an offending or damaging act by another.



SLIDE 5

1.1

How U.S. Law Developed

English common law systemNapoleonic code



SLIDE 6

1.1

Law and Ethics

An ethical system is a way of deciding what is right or wrong in a consistent, reasoned, impartial manner.Decision about a right or wrong actionReasoned decisionsImpartial decisions



SLIDE 7

1.1

Business Ethics

Business ethics are the ethical principles used in making business decisions.


GOALS

LESSON 1.2

TYPES OF U.S. LAW

Identify the four sources of lawDistinguish between criminal and civil laws

and between procedural and substantive laws



SLIDE 9

1.2

Sources of Law

ConstitutionsStatutesAdministrative regulationsCase law



SLIDE 10

1.2

Constitutions

A constitution is a document that sets forth the framework of a government and its relationship to the people it governs.

When constitutions are adopted or amended, or when courts interpret constitutions, constitutional law is made.



SLIDE 11

1.2

U.S. Bill of Rights

The U.S. Bill of rights is based on three English documents:Magna Carta (1215)Petition of Right (1628)Bill of Rights (1689)



SLIDE 12

1.2

Branches of U.S. Government and Lawmaking Powers

Legislative branch makes the laws.Executive branch investigates and

prosecutes alleged violators.Judicial branch sits in judgment of alleged

violators.



SLIDE 13

1.2

Statutes

Acting for their citizens, legislatures enact laws called statutes.

Legislation at the local level usually is called an ordinance.



SLIDE 14

1.2

Administrative Regulations

Administrative agencies are governmental bodies formed to carry out particular laws.



SLIDE 15

1.2

Case Law

When the higher or appellate court publishes its opinion on a case, that opinion may state new rules to be used in deciding the case and others like it.

These rules are known as case law. Federal courts establish federal case law. Similarly, each state creates case law

through its state courts.



SLIDE 16

1.2

Classification of Laws

Civil lawsCriminal lawsProcedural lawsSubstantive laws



SLIDE 17

1.2

Civil Laws

When the private legal rights of an individual are violated, the matter is governed by civil law.

The use of the term civil law within the common law system refers to the group of laws that deal with wrongs against individual persons.

Civil law applies whenever one person has a right to sue, or to bring legal action against, another person.



SLIDE 18

1.2

Criminal Laws

A crime is an offense against society.When the citizens’ right to live in peace is

violated by such activity, the offense is governed by criminal law. Acting in the name of all the people, the government

investigates an alleged wrongdoing.If a crime is committed and the person responsible

can be found, the government will prosecute. Conviction of a crime can result in a fine,

imprisonment, and in some states, execution.



SLIDE 19

1.2

Procedural Laws

Procedural law deals with methods of enforcing legal rights and duties.

There are two types of procedural law, civil procedure and criminal procedure. Criminal procedure defines the process for enforcing

the law when someone is charged with a crime. Civil procedure is used when a civil law has been

violated.



SLIDE 20

1.2

Substantive Laws

In contrast, substantive law defines rights and duties.

It is concerned with all rules of conduct, except those involved in enforcement.

Substantive laws define offenses, such as murder, theft, vehicular homicide, breach of contract, and negligence.


GOALS

LESSON 1.3

FEDERAL AND STATE LEGAL SYSTEMS

Name the three levels of federal courtsIdentify the various types of state and local

courts as well as their jurisdictions



SLIDE 22

1.3

The Federal Courts

U.S. District CourtsFederal Courts of AppealThe U.S. Supreme Court



SLIDE 23

1.3

U.S. District Courts

This is the trial court of the federal system. A trial court is basically a court in which a case

is fully heard for the first time. The power to determine the facts of the matter

and to make the initial determination of the law to be used in deciding a case is called original jurisdiction.

The district courts have that power in the federal system.



SLIDE 24

1.3

Federal Courts of Appeal

The federal courts of appeal have appellate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies.

Appellate jurisdiction is the power to review cases for errors of law. Such power is exercised when the result of a case in a lower

court is appealed by one or more of the parties to the case. Appellate courts do not accept any new evidence or call

witnesses.



SLIDE 25

1.3

The U.S. Supreme Court

The U.S. Supreme Court (USSC) has both original and appellate jurisdiction.



SLIDE 26

1.3

The U.S. Supreme Court—Original Jurisdiction

The original jurisdiction of this court is used far less frequently than its appellate jurisdiction.

The USSC has original jurisdiction only over cases affecting “Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.”



SLIDE 27

1.3

The U.S. Supreme Court—Appellate Jurisdiction

The appellate jurisdiction of the USSC is exercised over cases on appeal from two types of courtsU.S. courts of appealThe highest courts of the various states

The USSC’s appellate jurisdiction over state supreme court cases is limited to those in which a federal law has been invalidated or whose issues center on the U.S. Constitution.



SLIDE 28

1.3

State and Local Courts

State trial courtsState courts of appealState supreme courtsSpecialized state courts



SLIDE 29

1.3

State Trial Courts

In most states the courts with general original jurisdiction over both criminal and civil matters are known as circuit courts.

In other states they are known asSuperior courtsDistrict courtsCourts of common pleas



SLIDE 30

1.3

State Courts of Appeal

About half of the states have state courts of appeal.

In states where there is no middle level appellate court, appeals go directly to the highest state court.



SLIDE 31

1.3

State Supreme Courts

Most states call their court of final authority the supreme court.

Some states use other names. For example, New York calls its highest court the Court of Appeals.



SLIDE 32

1.3

Specialized State Courts

Associate circuit (county) courtsMunicipal courtsSmall claims courtsJuvenile courtsProbate courtsOther courts

© 2011 south-western | cengage learning goals lesson 1.1 law, justice, and ethics recognize the...

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