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Business Law

Business Law. Knowing About the Law Chapter 1. What You’ll Learn. How ethical decisions are made How ethics and law differ The relationship between ethics and the l aw Explain the importance of law How ethics and the law sometimes conflict. Relevancy to R eal Life.

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Business Law

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  1. Business Law Knowing About the Law Chapter 1

  2. What You’ll Learn • How ethical decisions are made • How ethics and law differ • The relationship between ethics and the law • Explain the importance of law • How ethics and the law sometimes conflict

  3. Relevancy to Real Life • Business law has the potential value and interest for everyone since it affects each of us on a daily basis.

  4. What it Really Costs! • ¾ of ALL small business owners are concerned they will be targeted by frivolous or unfair lawsuits. • Small business paid $195.4 billion in tort liability costs in 2013 • Growth in U.S. torts costs increased by 9% in 2013 • American’s civil justice system costs $254.7 billion or 1.66% of GDP • Tort costs were $838 per person in 2012, meaning a four person family paid $3,352

  5. Your view of the legal system… • Family Experiences • Disagreements where you thought your rights were violated • Personal Experiences involving law enforcement • Frivolous law suits • McDonald’s case

  6. Video Moment Stella Leibeck vs. McDonald’s Sparked huge debate over tort reform WHY? Read the Handout! Get Ready to Discuss the Case!

  7. The Opening Scene, pg. 5 • Starting in this chapter you will meet Jamila and Trai, who attend New Hope High School. They are having a discussion in their sixth-period law class, taught by Mrs. Ovelia Martinez.

  8. Terms and Definitions • Morality-involves the values that govern a society’s attitude toward right and wrong.

  9. Terms and Definitions • Ethics- are the means for determining what a society’s values ought to be.

  10. How Ethical Decisions are Made • Feelings and Opinions • The Greatest Good • The Golden Rule • Ethical Character Traits

  11. How Ethical Decisions are Made Feelings and Opinions • Some people can “feel” what is right or wrong • Others have opinions on what is right or wrong • The Problem with this: • If ethics are just a matter of opinion or feelings, than no one can ever do anything that is wrong • Example 1, pg. 6

  12. Example 1, Page 6 • Harriet comes from a poor family, but Frank’s family is wealthy. • Harriet believes that Frank has more money than he needs. • When Frank leaves his backpack unattended, Harriet steals it. • She defends her actions by saying that she needs the backpack and Frank can buy another one.

  13. Example 1, Page 6 • Most decisions are made on the basis of an action helps or hurts people who are affected by it which is also known as: Consequence-based decision-making • So….Harriet is wrong for two reasons: • Her actions hurt Frank • Set bad example for others

  14. How Ethical Decisions are Made The Greatest Good Principle • Will the action create the greatest good for the greatest number of people? • Example) Seatbelts • Example 2, pg. 7 • The problem with this…it is often misapplied

  15. Example 2, Page 7 • Alame knows that 10 out of her 20 classmates cheated on their last law exam. • Her teacher mistakenly believes that only one innocent student is guilty of cheating. • Alame decides she will keep silent because doing so will ensure the greatest good for the greatest number of people. • Do You Know of Any Real-life examples?

  16. Example 2, Page 7 • Alame has misapplied the greatest good principle. • Failing to identify the 10 cheaters only helps the ten cheaters. • What about the unethical behaviors affect on the rest of the schools population? • Alame is letting an innocent person be punished.

  17. Justice Journal- Let’s Debate! • Birthday Bonus – You received a popular computer game for your birthday. When your friends found out, they asked you to burn a copy for them. • How would you react? What specifically would you say? • Think about the legality of copying the program, the ethical dilemma you face, and what would you tell your friends.

  18. How Ethical Decisions are Made • The Golden Rule • “Do unto others as you would have them do unto you” • “Would I want to be treated this way?” • Example 3, pg. 9 • Steve is the star pitcher for New Hope HS’s varsity baseball team. During a tough inning against the Vikings of St. Joe’s Prep., Steve gets frustrated and throws two pitches at the Viking’s best batter. When the umpire ejects Steve from the game, his coach does not argue. The coach tells Steve, “You were wrong.” If it’s right for you to throw at their batters, then it would be right for their pitchers to throw at our batters. Steve says I wouldn’t want that….

  19. How Ethical Decisions are Made • The Golden Rule • The problem with this: • Difficult to fully understand and some abuse the rule by placing their own self interest first • Example 4-7 pgs. 9 and 10 • Stanley was judging a debate held in Social Studies class. He gave Abia a better grade than she deserved because he knew she might be assigned to judge his debate. He wanted her to give him a good grade in return, regardless of whether he deserved it….

  20. Ethical Character Traits • All of the above are easy to follow if the person making the ethical decisions has the necessary ethical character traits • HONESTY • JUSTICE • COMPASSION • INTEGRITY • Figure 1.1 pg. 11

  21. Terms and Definitions • Honesty- Character trait of a person who is open and truthful in dealings with others

  22. Terms and Definitions • Justice- Treating people fairly and equally.

  23. Terms and Definitions • Compassion- When someone is sympathetic to the difficulties of others and wants to help alleviate their problems • Empathy- Means putting yourself in another person’s position

  24. Terms and Definitions • Integrity- When a person is willing to do the right thing, regardless of the personal consequences.

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

  26. Why is Law Necessary? • Ethics tell us what we ought to do • Law is needed because people do not always do what they should • Law cannot always make people do what is right. • However, law does have the power to punish people for doing things that are wrong.

  27. Example 8, pg. 12 • World Cars, Inc. advertises its cars by saying “They’re the best on the market!” even though it knows that, while functional and safe, they are quite ordinary. • Best Auto Corp., a competitor, uses a similar slogan, but its cars violates several safety laws and are frequently involved in accidents. • Although, World Cars may seem like their practice is unethical, it is not illegal to claim something subjective. • Best Car Corp.’s slogan can be considered dishonest and they can be sued. (Standards of Claims)

  28. Ethical and Legal Conflicts • Ethics and law will sometimes conflict • Example 9, pg. 13 • Clark is the editor of the Richmond High Herald. Rita tells Clark that another student is selling drugs on campus, but asks Clark not to reveal her identity in his news article or to the police. Clark agrees. • When the article is published and the student is arrested, Clark has to testify at the trial. • He refuses to identify his source and is held in contempt of court.

  29. What are the legal issues? • Where do our morals and ethics come from? • Should ethical decisions be based on a persons feelings or opinions? • Do you think ethical and legal issues ever conflict? • Have ethical standards changed in society? Do laws change?

  30. Work Packet

  31. Group Activity • Group Activity: Ethical Scenarios • Case Studies • Be prepared to discuss as a group Finish: Vocabulary Chapter 1, Section 1 Finish: Notes from Chapter 1, Section 1 Pre-Read Section 2

  32. Partners & Answer Boards!!!

  33. Today’s Agenda • Discussion – Chapter 1, Section 2 • Class Work • Review Section 1

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

  35. It’s A Question of Ethics • Group Challenge: • What kinds of precautions will you take to keep your customers information confidential?

  36. What You’ll Learn • How to….. • Recognize the various parts of the U.S. Constitution • Explain the components of common law • Explain the purposes of statutory law • Identify the various ways that court make law • Government makes administrative regulations

  37. Class Discussion • Is it ethical to keep animals in zoos? • Is it ethical to advertise cigarettes to kids?

  38. What do you think?? • Can you see how people’s feelings and opinions can cause differences in ethical decisions? • Do you think the law is necessary in the 2nd ethical question? Is it ethical to advertise cigarettes to kids?

  39. Historical Review of Law • 1792-1750 BC- Hammurabi’s Code • Contained sections on: • Criminal Law, property law, business law, family law, labor law, personal injury law, and others. • WHY? • The need for law has not changed much over recorded history. • People still make the same mistakes • People still need protection from the conduct of others.

  40. Sources of Law Law in the U.S. comes from 5 main sources • Federal and State Constitutions • English Common Law • Statutes • Court Decisions • Administrative Law

  41. Constitutional Law Constitution- Document that spells out the principles by which the government operates. Articles, which establish national government • Articles I, II, III • 3 branches of the Federal Government • Article IV • Relations among states • Article V • How the constitution can be amended or changed • Article VI – Supremacy Clause • The U.S. Constitution and the laws of the U.S. are the Supreme laws of the land • Article VII - Ratification

  42. Constitutional Law • Bill of Rights- The first ten (10) Amendments of the Constitution were ratified in 1791. They limit the power of government. • The purpose of the Bill of Rights is to protect two (2) kinds of rights: • Rights of individual liberty • Rights of persons accused of crimes.

  43. Bill of Rights • Web Quest- Working with a Partner • Read and Answer the Bill of Rights Questions • You can review the Internet or the class handout • Feel like you know these laws pretty good?

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