Laws and their ethical foundation

2. 1-1 LAWS AND LEGAL SYSTEMS
WHAT IS LAW ?

3. LAWS
• ENFORCEABLE RULES OF CONDUCT
IN A SOCIETY
• LAWS REFLECT THE CULTURE AND
CIRCUMSTANCES THAT CREATE THEM

4. LAWS ARE
GROUPED
INTO CODES
CODES

5. MOST SOCIETIES
GO THROUGH FOUR
DISTINCT STAGES
IN FORMING THEIR
LEGAL SYSTEM
STAGES IN THE GROWTH OF LAW

6. INDIVIDUALS
ARE FREE TO
TAKE REVENGE
FOR WRONGS
DONE TO THEM
1. FIRST STAGE

7. AWARDS OF
MONEY OR
GOODS ARE
SUBSTITUTED
FOR
REVENGE
2. SECOND STAGE

8. COURT
SYSTEMS
ARE
FORMED
3. THIRD STAGE

9. A CENTRAL
AUTHORITY
FIGURE
INTERVENES TO
PUNISH AND
PREVENT
WRONGS
4. FOURTH STAGE

10. A LEGAL SYSTEM THAT
IS NOT PREDICTABLE :
WILL PRODUCE CHAOS
THE GOVERNMENT CAN BE
OVER THROWN
CANNOT PRODUCE A
STABLE SOCIETY
COMMON LAW VS. POSITIVE LAW

11. Law based on the
current standards
or customs of the
people
Laws set down or
dictated by a
sovereign or other
central authority to
prevent disputes and
wrongs from occurring
in the first place.
COMMON LAW…………………..POSITIVE LAW

12. WHAT IS THE ORIGIN
OF THE US LEGAL
SYSTEM?

13. ROMAN CIVIL LAW
ENGLISH COMMON
LAW
WORLD’S TWO GREAT SYSTEMS OF LAW

14. U.S. FOLLOWS
ENGLISH COMMON
LAW IN 49 STATES
LOUISIANA IS
BASED ON A
ROMAN CIVIL LAW
SYSTEM – THE
FRENCH CODE
ENGLISH COMMON LAW……..ROMAN CIVIL LAW

15. ROMAN CIVIL LAW
Louisiana state has adopted
written, well-organized,
comprehensive sets of statues
in code form. The laws in these
codes are typically only
changed by the central
government, not by the judges
who administer them.

16. ENGLISH COMMON LAW
• All 49 states
• Brought to US by colonists from England
• Around 1150 King Henry II developed the King’s Bench
• Judges were appointed from a group of trusted nobles by
King Henry II
• Good Weather months – judges would “ride circuit” into the
countryside and hold court in villages
• Bad weather months – judges stayed in London and sat together
as a court to hear cases on appeal
• King’s Bench (or Queen’s Bench) - the count formed by the
“circuit –riding “ judges
• King’s court always had jurisdiction over most important cases

17. THE POWER TO
DECIDE A CASE
JURISDICTION

18. JURY
Citizens chosen from each
region to help interpret the
region’s customs for the
court.

19. ADVANTAGES OF ENGLISH COMMON LAW
1. Developed a uniform web of custom-
based common law developed across
the nation……called English Common
Law system.
2. Achieves uniformity while maintaining
an ability to adapt to changes in
society.

20. EQUITY
An alternative to Common
Law

21. PRECEDENT
• Courts use prior cases as a
guide for deciding similar new
cases
• It provides stability

22. DISADVANTAGES OF COMMON LAW
1. Requires a rigid adherence to
proper form.
2. Courts could only grant the remedy
of damages. Courts had to wait
until harm occurred before they
could take action.

23. EQUITY
Equity means
FAIRNESS

24. PROHIBIT or STOP
SOMETHING FROM
BEING DONE
INJUNCTION

25. RESULTS
King created a system of
equity courts for all citizens.
Today in US – Law courts and
equity courts are merged.

26. 1-2 TYPES OF LAWS
What are the
Sources of Law ?

27. LAWS ARE CREATED ON 3 LEVELS
OF GOVERNMENT:
• Federal
• State
• Local

28. SOURCE OF OUR LAWS
FEDERAL STATE LOCAL
THREE LEVELS OF GOVERNMENT

29. THERE ARE 5 SOURCES OF LAW
1. Constitutions
2. Statutes
3. Ordinances
4. Case Law
5. Administrative Law

30. LAWS CONSIST OF :
1.
CONSTITUTIONS
A DOCUMENT THAT SETS
FORTH THE FRAMEWORK
OF A GOVERNMENT

31. CONSTITUTION
• Supreme law of the land
• Creates government framework
and relationship to the people
• US Constitution and state
constitutions apply concurrently
• US Constitution superior to the
State constitution

32. CONSTITUTION ALLOCATE POWERS:
1. Between people and their governments. Federal and
state constitutions are the main instruments for
allocating powers between people and their
governments.
2. Between Federal and State governments
 Federal government regulates foreign and
interstate (between states) commerce.
 Intrastate (within state) commerce is left to state
government to regulate.
3. Among the branches of government
Executive Legislative Judicial

33. BETWEEN PEOPLE AND
THEIR GOVERNMENT
THE BILL OF RIGHTS
PROTECTS PEOPLE FROM
ACTIONS OF THE
GOVERNMENT
CONSTITUTIONS ALLOCATE POWERS

34. CONSTITUTION
ALLOCATES POWER AMONG THREE BRANCHES OF
GOVERNMENT…THIS CREATES A SYSTEM OF CHECKS AND
BALANCES BETWEEN BRANCHES OF GOVERNMENT AND
NO BRANCH BECOMES TOO POWERFUL.
EXECUTIVE LEGISLATIVE JUDICIAL

35. BILL OF RIGHTS
The first 10 amendments of
the Constitution.
• It reserves the rights of
citizens
• It protects from actions of
governments

36. CONSTITUTIONAL LAW
MADE
WHEN……
CONSTITUTIONS ARE:
• ADOPTED
• AMENDED
• WHEN COURTS
INTERPRET
CONSTITUTIONS

37. EACH STATE SUPREME
COURT IS THE FINAL
AUTHORITY ON THE
MEANING OF ITS STATE
CONSTITUTION
STATE CONSTITUTIONS

38. ALLOCATES
POWER BETWEEN
FEDERAL AND
STATE
GOVERNMENTS
CONSTITUTION

39. EDUCATION
LAWS ARE
LEFT TO THE
STATES
CONSTITUTION

40. 2. STATUTES
Laws enacted by legislatures
• STATE AND FEDERAL LEGISLATURES ARE
COMPOSED OF ELECTED
REPRESENTATIVES OF THE PEOPLE.
• ON BEHALF OF THE PEOPLE THEY
ENACT LAWS CALLED STATUTES

41. 3. ORDINANCES
• LEGISLATION ON A LOCAL LEVEL
IS CALLED AN ORDINANCE
• A Piece of legislature created by a
town or city council or county
board or commission.
• It is effective only within boundary
of local government.

42. CREATED BY THE
JUDICIAL BRANCHES
OF GOVERNMENT
(COURTS)
• Judicial branch of government
creates case law after trial has
ended and
appeal to higher court.
• Rules resulting from the case.
4. CASE LAW

43. COMES FROM THE DOCTRINE
OF
“STARE DECISIS”, WHICH
IS LATIN FOR…….
“TO ADHERE TO THE DECIDED
CASES” or “ LET THE
DECISION STAND”
• LOWER COURTS MUST FOLLOW
ESTABLISHED CASE LAW
• DOES NOT BIND SUPREME COURTS
CASE LAW

44. ADMINISTRATIVE AGENCIES ARE
GOVERNMENTAL BODIES FORMED
TO CARRY OUT PARTICULAR
LAWS.
EXAMPLES:
• Social security
• Motor vehicles
• Zoning commission
Usually controlled by the executive
branch of government.
6. ADMINISTRATIVE AGENCIES

45. LEGISLATURES GIVE THESE
AGENCIES LIMITED JUDICIAL
POWERS
THEY ARE AUTHORIZED TO
CREATE ADMINISTRATIVE LAWS
CALLED… RULES AND
REGULATIONS
ADMINISTRATIVE AGENCIES

46. Supremacy rules – holds that
federal law prevails over state
law and state law prevails over
local (city and county) law.
ANY FEDERAL, STATE, OR
LOCAL LAW IS NOT VALID IF
IT CONFLICTS WITH THE
FEDERAL CONSTITUTION.
WHAT HAPPENS WHEN LAWS CONFLICT?

47. WITHIN each state, THE
STATE CONSTITUTION
IS SUPREME TO ALL
OTHER STATE LAWS.
WHAT HAPPENS WHEN LAWS CONFLICT?

48. CONSTITUTION
Highest sources of law
Federal constitution is……
“THE SUPREME LAW OF THE
LAND”

49. UNCONSTITUTIONAL
When any types of law is considered
invalid because it conflicts with a
constitution
All statutes, ordinances, rules, regulations,
and laws must be constitutional to be
valid.
US Constitution is the highest source of
law in the country

50. WHAT ARE THE MAIN TYPES OF LAWS?
Laws can be classified in various
ways:
1. Civil law
2. Criminal law
3. Procedural law
4. Substantive law
5. Business law

51. • Group of laws that
allows individuals to
seek legal remedies for
wrongs done to them.
• When a private legal
right of an individual is
violated.
1. CIVIL LAW

52. • Private wrongs against
people or organizations.
• Civil offences.
CRIMES
• Offense against society
rather than individuals.
TORTS

53. 2. CRIMINAL LAW
Governs offenses or
crimes against
society.

54. CRIME – AN OFFENSE
AGAINST SOCIETY.
THE GOVERNMENT WILL
PROSECUTE
CIVIL VS. CRIMINAL LAW

55. A VIOLATION CAN BE BOTH
A CRIME AND A CIVIL
OFFENSE
THE VICTIM OF A CRIME
CAN SUE THE
WRONGDOER
CRIMINAL VS. CIVIL LAW

56. • Sets forth how rights and
responsibilities can be
legally exercised and
enforced through the legal
system.
• Deals with methods of
enforcing legal rights and
duties.
• There are two types…..
3. PROCEDURAL LAW

57. CRIMINAL PROCEDURE
Defines the process for
enforcing the law when
someone is charged with a
crime.
TWO TYPES OF PROCEDURAL LAW

58. CIVIL PROCEDURE
• Is used when a Civil Law
has been violated.
• Concerned only with
private offences.
TWO TYPES OF PROCEDURAL LAW

59. • Defines rights and
duties
• It defines offenses.
4. SUBSTANTIVE LAW

60. Covers rules that apply
to business situations
and transactions.
5. BUSINESS LAW

61. UNIFORM COMMERCIAL CODE - UCC
• Provides uniformity in state
commercial laws
• Uniform set of laws pertaining
to business.

62. 1-3 ETHICAL BASES FOR LAWS
Ethics and the law