Start of Class

1. Start of Class On a paper to hand in. Bell Ringer What is Law? Why are ethics and law related? • What did you like about ethics? • What did you Dislike about ethics? • What would you change about ethics class?

2. Bell Ringer • What is the golden rule? • Why are laws important? • What freedoms are protected by the 1st Amendment?

3. Bell Ringer • What is the 8th Amendment? • What are the 5 places that laws come from? • What do you think Common Law is?

4. Bell Ringer • What is common law? • How are state constitutions different than THE Constitution? • What is an example of an Administrative Association/department?

5. Law Studies

6. The beginnings of Law • Law is the system of rules of conduct established by the government of a society to maintain stability and justice. • However, before we can get to the creation of laws we need to consider Morality and Ethics. • Morality • Involves the values that govern a society's attitude towards right and wrong • Ethics • Are the means for determining what a society's values ought to be.

7. What would the inherent issue be when considering morality and ethics? • Since morality and ethics (feelings) will be subjective, some larger principals are used to help mold the legal system • The Greater Good: • A decision is based off whether an action will create the greatest good for the greatest number of people. The more good -> More ethical (Utilitarianism) • The Golden Rule: • Do onto others as you would have them do onto you. The rule is widely accepted by numerous people & religions (Kantianism)

8. Ethics in Law • Four main characteristics/values are said to be the basis of an ethical person: • Honesty: allows a person to be open and truthful with other people • Justice: allows a person to treat all other people fairly and equally • Compassion: allows a person to care for others • Integrity: allows a person to do right regardless of personal consequences.

9. Why do we need laws? • If everyone was always ethical, and always did what they should do, why do we need laws? • Law: the system of rules of conduct established by the government of a society to maintain stability and justice. • In addition laws define rights and duties of people, means for enforcing these laws, and the rights and duties of law enforcement agencies, courts, government, etc.

10. Ethics and Law Conflict • Ethics and law do not always line up perfectly: Clark is the editor of the Richmond High Herald. Lana tells Clark that another student on campus is selling drugs, but asks Clark not to reveal her identity in the article. Once the story is printed the drug dealing student is arrest, and Clark needs to testify at her trial. When asked Clark refuses to reveal how he learned the student was selling drugs and is found in contempt of court. • Has Clark acted ethical? Has Clark acted in accordance with the law?

11. Law and Order Moment • Contempt of Court • A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial.

12. Where do Laws come from? • There are five sources of laws: • Constitutional Law • Common Law • Statutory Law • Court Decisions • Administrative Regulations

13. Constitutional Law • Laws that are clearly defined in a nations constitution. • The US Constitution spells out the rights of its’ people, but also determines the limits within which the federal and state government may pass laws. • The US Constitution has 27 Amendments, and the first 10 are known as the Bill of Rights.

14. Bill of Rights • Article I: Freedom of Religion, Assembly, Speech, Press, & Petition • Article II: A well regulated Militia has the right to keep and bare arms. • Article III: No soldier, in a time of peace, shall be quartered in a house without the owners consent • Article IV: No unreasonable search and seizure

15. Article V: No Double Jeopardy (not the game) • Article VI: Right to a fair and speedy trial • Article VII: Any case, where the value is more than $20, shall have the right to a trial by jury. • Article VIII: No excessive bail or cruel and unusual punishments • Article IX: Can not deny constitutional rights • Article X: Anything not covered in the constitution is left up to the States to handle.

16. State Constitutions • Each US state has their own Constitution. • These constitutions are similar to THE Constitution, but are not exactly identical. State Constitutions can be more specific than the Constitution if they chose to be. • The Massachusetts Constitution states that all residents of the state of Massachusetts must be taxed at an equal percentage rate.

17. Common Law • All states (Except Louisiana) have their legal system based in English tradition. Laws go back to the day when travelling judges would go town to town passing down decisions. The judges attempted to keep decisions and rulings as similar as possible, and hence it became known as Common law. • Common law will lead to legal precedent. • A judge is required to follow an earlier courts decision when deciding a case with similar circumstances.

18. Statutory Law • Statutes are laws specifically passed by a governing body that has created for the purpose of making laws. • Statutes can be on any number of things, such as taxes that citizens are required to pay, or the age at which individuals must sign up for the military draft. • Laws passed by Congress, state legislatures, local city councils, or town meetings can all be called statutory laws.

19. Federal Statutes • Laws passed by Congress (House & Senate) and signed by the President are called Federal Statutes. • Congress is the US’ legislature or law making body. Legislation start as bills, and after approval become laws. The process can be complicated. • Our Constitution gives Congress the power to make laws regulating the commerce (trade/business) of a state. • If Congress passes a law that is deemed unconstitutional the Supreme Court can “Strike it down,” meaning the law is no longer in affect.

20. Court Decisions • Decisions by the highest court in any state, or at the national level, must be followed by all other courts. • These precedents are often used to argue for or against things in court. • If a law is considered unclear, incomplete, or confusing, it can become the court’s job to interpret the law.

21. Landmark Court Decisions • A Landmark court decision will be a court decisions that sets the law of the land. • These laws are often fairly important, and will impact numerous aspects of the law • Brown v Board of Education (separate but equal is illegal) • Miranda v Arizona (Suspects must be informed of their rights) • Schenck v USA (1st amendment can be restricted if it presents a “clear and present danger”

22. Administrative Regulations • Federal, state, and local legislatures sometimes want to regulate certain kinds of activities. • Become of time and budget restraints legislatures will give control of this issue to an administrative agency. (FCC, ATF, FTA) • Administrative law consists of the rules and procedures that those regulator agencies create.