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Explore the growth of law, common vs. positive law, U.S. legal system origin, ethical bases, types of laws and conflicting sources, ethics reflected in laws.
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CHAPTER 1Laws and Their Ethical Foundation 1-1 Laws and Legal Systems 1-2 Types of Laws 1-3 Ethical Bases for Laws
1-1 Laws and Legal Systems GOALS • Explain the stages in the growth of law • Describe the differences between common law and positive law • Identify the origin of the U.S. legal system Chapter 1
FOCUS • Make a list of rules the school enforces. • Make a second list of rules you must live by in your families. • How do these rules affect your life? • Which rules would you like to change? Why? • How would the changes affect you, your family, or school? Chapter 1
WHAT IS LAW? • Stages in the growth of law • Common law versus positive law Chapter 1
WHAT IS THE ORIGIN OF THE U.S. LEGAL SYSTEM? • English common law • King’s Bench • Jury • An example • Advantages of English common law • Equity: An alternative to common law Chapter 1
On which early legal system is the U.S. legal system based? Chapter 1
1-2 Types of Laws GOALS • Identify the four sources of law • Discuss how to resolve conflicts between different sources of laws • Compare and contrast criminal and civil law, and substantive and procedural law Chapter 1
FOCUS • What is law? Chapter 1
WHAT ARE THE SOURCES OF LAW? • Constitutions • Statutes • Case law • Administrative regulations Chapter 1
What are the four sources of law? Chapter 1
WHAT HAPPENS WHEN LAWS CONFLICT? • Constitutions and validity • Statutes and validity • Administrative regulations and validity • Case law and validity Chapter 1
Which source of law in the United States is the highest authority? Chapter 1
WHAT ARE THE MAIN TYPES OF LAWS? • Civil and criminal laws • Procedural and substantive laws • Business law • Uniform business laws Chapter 1
Compare and contrast criminal and civil law and substantive and procedural law. Chapter 1
TYPES OF LAW Chapter 1
1-3 Ethical Bases for Laws GOALS • Define ethics • Compare and contrast ethics based on consequences with ethics based on systems of rules • Discuss ways in which ethics are reflected in laws Chapter 1
FOCUS • What does ethics mean? Chapter 1
ETHICS AND THE LAW • Basic forms of ethical reasoning • Consequences-based ethical reasoning • Rule-based ethical reasoning • Ethics reflected in laws Chapter 1
In the U.S. system of democracy, how are ethics reflected in laws? Chapter 1