business law knowing about the law chapter 1. your view of the legal system… family experiences...

Business LawBusiness Law

Knowing About the LawKnowing About the Law

Chapter 1Chapter 1

Your view of the legal system…Your view of the legal system…

Family ExperiencesFamily Experiences McDonald’s caseMcDonald’s case Frivolous law suitsFrivolous law suits Disagreements where you thought Disagreements where you thought

your rights were violatedyour rights were violated Personal Experiences involving law Personal Experiences involving law

enforcementenforcement

Justice Journal, pg. 3Justice Journal, pg. 3

Birthday Bonus – You received a Birthday Bonus – You received a popular computer game for your popular computer game for your birthday. When your friends found birthday. When your friends found out, they asked you to burn a copy out, they asked you to burn a copy for them on your CD writer.for them on your CD writer.

In your Justice Journal, write about In your Justice Journal, write about the legality of copying the program, the legality of copying the program, the ethical dilemma you face, and the ethical dilemma you face, and what would you tell your friends.what would you tell your friends.

The Opening Scene, pg. 5The Opening Scene, pg. 5

Starting in this chapter you will meet Starting in this chapter you will meet Jamila and Trai, who attend New Jamila and Trai, who attend New Hope High School. They are having a Hope High School. They are having a discussion in their sixth-period law discussion in their sixth-period law class, taught by Mrs. Ovelia Martinez.class, taught by Mrs. Ovelia Martinez.

Terms and DefinitionsTerms and Definitions

MoralityMorality-involves the values that -involves the values that govern a society’s attitude toward govern a society’s attitude toward right and wrong.right and wrong.


Ethics-Ethics- are the means for are the means for determining what a society’s values determining what a society’s values oughtought to be. to be.


Honesty-Honesty- Character trait of a person Character trait of a person who is open and truthful in dealings who is open and truthful in dealings with otherswith others


Justice-Justice- Treating people fairly and Treating people fairly and equally.equally.


Compassion-Compassion- When someone is When someone is sympathetic to the difficulties of sympathetic to the difficulties of others and wants to help alleviate others and wants to help alleviate their problemstheir problems


Integrity-Integrity- When a person is willing When a person is willing to do the right thing, regardless of to do the right thing, regardless of the personal consequences.the personal consequences.


Law-Law- is the system of rules of is the system of rules of conduct established by the conduct established by the government of a society to maintain government of a society to maintain stability and justice.stability and justice.

What are the legal issues?What are the legal issues?

Where do our morals and ethics Where do our morals and ethics come from?come from?

Should ethical decisions be based on Should ethical decisions be based on a persons feelings or opinions?a persons feelings or opinions?

Do you think ethical and legal issues Do you think ethical and legal issues ever conflict?ever conflict?

Have ethical standards changed in Have ethical standards changed in society? Do laws change?society? Do laws change?

How Ethical Decisions are MadeHow Ethical Decisions are Made

Feelings and Opinions The Greatest Good The Golden Rule Ethical Character Traits


Some people can “feel” Some people can “feel” what is right or wrongwhat is right or wrong

Others have opinions on Others have opinions on what is right or wrongwhat is right or wrong

Example 1, pg. 6Example 1, pg. 6 The Problem with this:The Problem with this:

If ethics are just a matter of If ethics are just a matter of opinion or feelings, than no opinion or feelings, than no one can ever do anything one can ever do anything that is wrongthat is wrong


Two basic forms of ethical reasoningTwo basic forms of ethical reasoning Consequences-basedConsequences-based

Rightness and wrongness is based only on the results of the Rightness and wrongness is based only on the results of the action. An act that produces good consequences is good and action. An act that produces good consequences is good and an act that produces bad consequences is bad.an act that produces bad consequences is bad.

Rule-basedRule-based Acts are considered either right or wrong. For example: Acts are considered either right or wrong. For example:

Telling the truth is always right, and lying is always wrong. Telling the truth is always right, and lying is always wrong. Good consequences do not justify wrong or bad acts.Good consequences do not justify wrong or bad acts.

So……..So……..

We also have the Greatest We also have the Greatest Good to guide us in ethical Good to guide us in ethical decision making.decision making. Will the action create the Will the action create the

greatest good for the greatest good for the greatest number of people? greatest number of people? Ex) SeatbeltsEx) Seatbelts

The problem with this…it is The problem with this…it is often misappliedoften misapplied

Example 2, pg. 7Example 2, pg. 7

So…So…

We turn to the Golden RuleWe turn to the Golden Rule ““Do unto others as you would Do unto others as you would

have them do unto you”have them do unto you” ““Would I want to be treated Would I want to be treated

this way?”this way?” Example 3, pg. 9Example 3, pg. 9

The problem with this:The problem with this: Difficult to fully understandDifficult to fully understand Some abuse the rule by placing Some abuse the rule by placing

their own self interest firsttheir own self interest first Example 4-7 pgs. 9 and 10Example 4-7 pgs. 9 and 10

Ethical Character TraitsEthical Character Traits

All of the above are easy to follow if All of the above are easy to follow if the person making the ethical the person making the ethical decisions has the necessary ethical decisions has the necessary ethical character traitscharacter traits HONESTYHONESTY JUSTICEJUSTICE COMPASSIONCOMPASSION INTEGRITYINTEGRITY

Figure 1.1 pg. 11Figure 1.1 pg. 11

Why is Law Necessary?Why is Law Necessary? Ethics tell us what we ought Ethics tell us what we ought

to doto do Law is needed because Law is needed because

people do not always do people do not always do what they shouldwhat they should

Law cannot always make Law cannot always make people do what is right.people do what is right.

However, law does have However, law does have the power to punish people the power to punish people for doing things that are for doing things that are wrong.wrong. Example 8, pg. 12Example 8, pg. 12

Ethical and Legal ConflictsEthical and Legal Conflicts

Ethics and law will Ethics and law will sometimes conflictsometimes conflict

Example 9, pg. 13Example 9, pg. 13

Justice JournalJustice Journal

Is this cheating?Is this cheating?

How could this have been turned How could this have been turned around to become ethical?around to become ethical?

Class WorkClass Work

Case Study worksheets 1-7 in groupsCase Study worksheets 1-7 in groups Vocabulary Chapter 1, Section 1Vocabulary Chapter 1, Section 1

Happy Weekend!Happy Weekend!

Discuss Case StudiesDiscuss Case Studies Justice JournalJustice Journal QuestionsQuestions ReviewReview Class WorkClass Work


Is it ethical to keep animals in zoos?Is it ethical to keep animals in zoos?

Is it ethical to advertise cigarettes to Is it ethical to advertise cigarettes to kids?kids?

What do you think??What do you think??

Can you see how people’s feelings Can you see how people’s feelings and opinions can cause differences in and opinions can cause differences in ethical decisions?ethical decisions?

Do you think the law is necessary in Do you think the law is necessary in the 2the 2ndnd ethical question above? ethical question above?

It’s A Question of EthicsIt’s A Question of Ethics

In your Justice Journal, answer the In your Justice Journal, answer the question on pg. 12question on pg. 12

3 Question Review3 Question Review

1. Jacklyn and Min are not the best of 1. Jacklyn and Min are not the best of friends. They come from different friends. They come from different cultures and care very little about what cultures and care very little about what happens to each other. While playing happens to each other. While playing softball on opposing teams, Jacklyn’s softball on opposing teams, Jacklyn’s teammate Lakisha tagged Min out at teammate Lakisha tagged Min out at 22ndnd base. Jacklyn, who was playing short base. Jacklyn, who was playing short stop saw that Lakisha’s foot was not on stop saw that Lakisha’s foot was not on the bag and pronounced Min safe. the bag and pronounced Min safe. Which ethical principal was Jacklyn Which ethical principal was Jacklyn applying?applying?

3 Question Review (continued)3 Question Review (continued)

2. Describe the character trait of 2. Describe the character trait of justice.justice.

3. Define law.3. Define law.


Vocabulary Chapter 1, Section 2Vocabulary Chapter 1, Section 2 Skim pages 14-21 for tomorrow’s Skim pages 14-21 for tomorrow’s

discussiondiscussion

Today’s AgendaToday’s Agenda

Discuss – Chapter 1, Section 2Discuss – Chapter 1, Section 2 Class WorkClass Work ReviewReview


Write one brief paragraph explaining Write one brief paragraph explaining all that you know about one state or all that you know about one state or federal law.federal law.

Ideas: driving, drinking, paying taxes, Ideas: driving, drinking, paying taxes, votingvoting

Just Wondering…Just Wondering…

Do you know where today’s laws Do you know where today’s laws come from?come from?

Do you know how they were formed?Do you know how they were formed?

Sources of LawSources of Law

Law in the U.S. comes from 5 main Law in the U.S. comes from 5 main sourcessources

1.1. Federal and State ConstitutionsFederal and State Constitutions

2.2. English Common LawEnglish Common Law

3.3. StatutesStatutes

4.4. Court DecisionsCourt Decisions

5.5. Administrative LawAdministrative Law

Constitutional LawConstitutional Law

Constitution-Constitution- Document that Document that spells out the principles by spells out the principles by which the government which the government operates.operates.

Articles I, II, IIIArticles I, II, III 3 branches of the Federal Government3 branches of the Federal Government

Article IVArticle IV Relations among statesRelations among states

Article VArticle V How the constitution can be amended How the constitution can be amended

or changedor changed Article VI – Supremacy ClauseArticle VI – Supremacy Clause

The U.S. Constitution and the laws of The U.S. Constitution and the laws of the U.S. are the Supreme laws of the the U.S. are the Supreme laws of the landland

Article VII - RatificationArticle VII - Ratification

Constitutional LawConstitutional Law Bill of RightsBill of Rights- The first - The first

TEN amendments of the TEN amendments of the Constitution ratified in Constitution ratified in 1791. They limit the 1791. They limit the power of government. power of government. The purpose of the Bill The purpose of the Bill of Rights is to protect of Rights is to protect two kinds of rights: two kinds of rights: rights of individual rights of individual liberty and rights of liberty and rights of persons accused of persons accused of crimes. crimes.

State ConstitutionsState Constitutions

Each state has its own constitutionEach state has its own constitution It is…It is…

More ProtectiveMore Protective NarrowerNarrower More RestrictiveMore Restrictive

Common Law - *except LouisianaCommon Law - *except Louisiana

In early English history, judges or In early English history, judges or Justices traveled around the Justices traveled around the countryside deciding cases.countryside deciding cases.

They shared their decisions with They shared their decisions with other judges so that they could all other judges so that they could all share the same law.share the same law.

These laws were written down to These laws were written down to be referred back to.be referred back to.

These first cases were known as These first cases were known as precedents.precedents.

Concept Development – Concept Development – “Precedents at home”“Precedents at home”

Statutory LawStatutory Law Laws passed by Congress, Laws passed by Congress,

State Legislature, Local City State Legislature, Local City Councils or Town MeetingsCouncils or Town Meetings

Found in State and Federal Found in State and Federal Statutes, city ordinances and Statutes, city ordinances and town bylawstown bylaws

Federal Statutes – passed by Federal Statutes – passed by U.S. CongressU.S. Congress May not pass laws that conflict May not pass laws that conflict

with the U.S. Constitution or with the U.S. Constitution or would be considered would be considered unconstitutional (same applies to unconstitutional (same applies to state statutes)state statutes)

Court DecisionsCourt Decisions Courts make lawCourts make law

Case law, court decisions, judge-Case law, court decisions, judge-made lawmade law

Courts make law in 3 waysCourts make law in 3 ways1.1. Through common law traditionThrough common law tradition2.2. Interpreting statutesInterpreting statutes3.3. Judicial reviewJudicial review

Meaning:Meaning:1.1. Upholding precedentsUpholding precedents2.2. Determining what a pre-existing Determining what a pre-existing

statute means by clearing up any statute means by clearing up any confusionconfusion

3.3. Determine if they are consistent Determine if they are consistent with the constitutionwith the constitution

Administrative LawAdministrative Law

An administrative agency An administrative agency or regulatory agency or regulatory agency focuses on individual focuses on individual activitiesactivities Example: Example:

FCC – Federal FCC – Federal Communications Commission Communications Commission – regulates broadcasting– regulates broadcasting

Unconstitutional LawsUnconstitutional Laws

Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.


Review pages 1-3 and page 8Review pages 1-3 and page 8

business law knowing about the law chapter 1. your view of the legal system… family experiences...

Documents

ethical standards

ethical dilemma

wronghow ethical decisions

ethical character traitsall

ethical decision making

good consequences

bad consequences

right thing