Laws and Their Ethical Foundation Chp 1 Section 1-2

1. Laws and Their Ethical Foundation Chp1Section 1-2 • Section 1-2 – Types of Laws in the U.S. system • three levels of government in the U.S.1. federal2. state3. local • Forms of law in the U.S. include: constitutional, statutes, ordinances, case law, and administrative law

2. Laws and Their Ethical Foundation Chp1Section 1-2 • Constitutions • Document that sets forth the framework of a government and its relationship to the people it governs. • Consitutional lawis made when the constitution is amended or when courts interpret constitutions. • Americans have both the U.S. constitution and a state constitution • U.S. constitution is the Supreme Law of the Landany federal, state, or local law is not valid if it conflicts with the federal constitution • Supreme Courtis the final interpreter of the U.S. constitution

3. Laws and Their Ethical Foundation Chp1Section 1-2 • Constitutions, cont. • Allocate powers1. between the people and their governments Bill of Rights, reserves the rights of citizens and protects them from actions of their governments2. between states governments and the federal government Example: * federal government has power to regulate both foreign and interstate commerce * state government has power to regulate intrastate commerce

4. Laws and Their Ethical Foundation Chp1Section 1-2 • Constitutions, cont. • 3. among the branches of the government; executive, legislative, and judicial system of checks and balances: courts decide constitutionality of laws congress passes laws and establishes courts executive can veto laws

5. Laws and Their Ethical Foundation Chp 1 • Statutes • Laws enacted by the legislature:Congress at the federal levelLegislature at the state level • Ordinances • Pieces of legislation created by a town or city council or by a county board or commission

6. Laws and Their Ethical Foundation Chp1Section 1-2 • Case Law • Created by the judicial branch of a government • Made after a trial has ended and one of the parties has appealed the result to a higher court • Based on legal issues arising from rulings made by the lower court • New or more appropriate rules for future similar cases may be stated in the courts published ruling • stare decisis- “let the decision stand” lower courts must follow established case law in similar cases

7. Laws and Their Ethical Foundation Chp 1 Example of Case Law Carol borrowed her stepfather’s car without his express permission. The police stopped her and discovered the car was not registered in her name. They then phoned her stepfather. When he said he did not know where his car was, Carol was arrested. At her trial, carol and her stepfather testified that she had his permission to use the car without asking each time. The trial judge nevertheless found Carol guilty of auto theft, which, the judge stated, occurs when one person takes the car of another without expressly asking permission. Carol appealed. The appellate court issued an opinion stating implied permission is enough, and, therefore, Carol’s conviction was overturned. The appellate court’s ruling concerning implied permission then became state case law to be applied in similar cases.

8. Laws and Their Ethical Foundation Chp1Section 1-2 • Administrative Law • Administrative agencies are governmental bodies formed to carry out particular laws. created by federal, state, and local legislatures • ie: Social Security Admin., WSDOT, Kitsap County Dept. of Community Development • usually controlled by the executive branch • If given legislative power:1. they are authorized to create administrative laws called rules and regulations2. able to hold hearings, make determinations of fact, and apply the law to particular cases

9. Laws and Their Ethical Foundation Chp1Section 1-2 • Types of Law • Civil Law • When private legal rights of an individual(s) are violated • Allows individuals to seek legal remedies for wrongs done to them • Police do not take action in civil matters • Defendants are the accused • Plaintiffs are the accusers, the ones who had a loss • Liable – term used if the defendant loses the case • have to pay compensation for loss • If a person is injured by another it is referred to as a tort. We will cover these later in the semester.

10. Laws and Their Ethical Foundation Chp1Section 1-2 • Criminal Law • Offense against society rather than an individual(s) • The government investigates and alleged wrong doing in the name of all people (society) • Government will prosecute if there is a crime and a suspect(s) can be found • Guilty verdict will result in a fine, imprisonment, and in some states execution • An act can be a crime and civil offense since private injuries may be inflicted during a crime

11. Laws and Their Ethical Foundation Chp1Section 1-2 What’s Your Verdict Joe was a respiratory therapist in a nursing home. He controlled the ventilation equipment that kept some of his patients breathing. One day, to show the importance of his job to his girlfriend, Joe, without permission or warning, completely cut off the ventilator support to a severly ill patient. Within a few moments, the patient began to gasp for air and nearly lost consciousness before a nurse ordered Joe to restore the ventilator’s function. Did Joe violate civil law or criminal law or both? Be prepared to explain/back up your answer.

12. Laws and Their Ethical Foundation Chp1Section 1-2 • Procedural Law • sets forth how rights and responsibilities can be legally exercised and enforced through the legal system • Determine what remedies are available in a lawsuit • Determine whether equitable remedies are available, ie: injunction • Stare decisis is a procedural law (let the decision stand) • 1. Civil Procedure – defines the process for enforcing the law when someone has committed a private offense • 2. Criminal Procedure – defines the process for enforcing the law when someone is charged with a crime

13. Laws and Their Ethical Foundation Chp1Section 1-2 • Substantive Law • Defines rights and duties • Concerned with all rules of conduct except those involved with enforcement • Defines the offenses, ie: murder, theft, breach of contract, etc. • 5. Business Law • covers rules that apply to business situations and transactions • most business transactions involve a merchant and a consumer • mainly concerned with civil laws governing contracts, property, and many other business-related areas • sometimes governed by criminal law, ie: price fixing or employee theft of material items

14. Laws and Their Ethical Foundation Chp 1 • 6. Uniform Business Laws • Committees of legal experts have written model laws covering ares such as sales, certain credit transactions, and business forms. • States then had the opportunity to adopt these models in place of their current codes • Uniform Commercial Code (UCC) – widely adopted set of laws pertaining to business. (We’ll do more with this later.)

15. Laws and Their Ethical Foundation Chp 1 • Section 1-3 – Ethical Bases for Laws • Ethics – collection of standards of conduct and moral judgment forming the basis for a reasoned, impartial decision as to what is right or wrong. • Ethical System - composed of an organized and consistent compilation of such standards usually set down by an established authority • base our decisions on reason, not on emotion • Impartiality – is the idea that the same ethical standards apply to everyone • Business Ethics – ethical principles used in making business decisions • Profit maximization – term used to justify actions that optimize income but hurt the common good

16. Laws and Their Ethical Foundation Chp 1 • Basic Forms of Ethical Reasoning • Consequences-Based Reasoning • system that forecasts the consequences of an action and alternatives to it • Consequences are evaluated to see whether the action or an alternative confers the “greatest good on the greatest number affected by it.” • action maximizing the “good” is chosen • Rule-Based Reasoning • acts themselves are judged as right or wrong • wrong actions are never condoned even if they bring about a good result • Standard comes from one of two sources: a) recognized authority or b) human reasoning • Universalizing – picture everyone doing the action and then ask if the result would be irrational

17. Laws and Their Ethical Foundation Chp 1 • How Ethics are Reflected in Laws • laws are judged to be wrong when they affect the majority negatively • U.S. Constitution seeks to ensure that the federal lawmaking system provides:a. the greatest good for the greatest number • b. protect the well-being of minorities, through the Bill of Rights • Both consequential and rule based ethics conclude that we are obligated to obey the law

18. Laws and Their Ethical Foundation Chp 1 Extras Fidelity bond – insurance policy that pays the employer money in the case of theft by employees. Scofflaws – persons who do not respect the law at all, assess risk of being caught and punished against the benefits they obtain by breaking the law Integrity – capacity to do what is right in the face of temptation or pressure to do otherwise

19. Laws and Their Ethical Foundation Chp 1 • Extras, cont. • Civil Disobedience – an open, peaceful, violation of the law to protest its alleged, or supposed, injustice with the goal of making the legal system more just • Martin Luther King, Jr. – prime example of civil disobedience • Concluded civil disobedience is ethical when: • a written law is in conflict with ethical reasoning • no effective political methods are available to change the law • the civil disobedience is nonviolent • the civil disobedience does not advance a person’s immediate self-interest • the civil disobedience is public and one willingly accepts the punishment for violating the law

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