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Chapter 1

Chapter 1. Ethics and the Law. Goals. Identify the four sources of law Discuss how conflicts between laws are resolved Compare and contrast criminal and civil law, and substantive and procedural law. US constitution is the most fundamental law of our country.

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Chapter 1

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  1. Chapter 1 Ethics and the Law

  2. Goals • Identify the four sources of law • Discuss how conflicts between laws are resolved • Compare and contrast criminal and civil law, and substantive and procedural law

  3. US constitution is the most fundamental law of our country. • Article 1,2,&3 set forth the government. • Article 4 is the Supremacy Clause . • First 10 amendments is the Bill of Right. • State constitutions are more narrow. Federal and state constitution

  4. Can be passed at all levels of government. • Can order someone to do something. • Can forbid certain acts. • No statute can conflict with the constitution. • Fed. Statutes are passed by congress and signed by President. • Ordinance is legislation created by a town or city Statutes

  5. Also called court decisions and judge made law. • Highest court decisions must be followed by lower courts. • Judicial decisions involve interpreting statutes. • Court can declare a law or action unconstitutional. • Effectiveness of case law come from the doctrine of stare decisis – meaning lower courts must follow established case law when deciding similar cases Case Law

  6. Created by legislatures to regulate a certain activity of public interest. • Powers: • Make their own rules • Enforce their own rules • Investigate violations of their rules • Decide the guilt or innocence of those who violate their rules Agencies

  7. What happens when laws conflict? • The U.S. Constitution is the supreme law of the land • Supremacy rule holds that: • Federal law prevails over state law and state law prevail over local law • With the state and federal systems, constitutional law prevails over statutory law and statutory law prevails over administrative law • Within the state and federal court systems a higher court’s decision prevails over a lower court’s

  8. Civil and Criminal Law • When an individuals rights are violated this is governed by civil law • A crime is an offense against society and governed by criminal law • The government will prosecute • An action can violate both civil and criminal laws

  9. Procedural and Substantive Laws • Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings • Due process • Substantive law is a statutory law that deals with the legal relationship between people or the people and the state • Defines an offense

  10. Business Law • Covers rules that apply to business situations and transactions • Mainly concerned with civil matters, especially contracts • Uniform Commercial Code – creates uniformity, widely adopted by states because of interstate commerce

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