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Business LawBusiness LawChapter 1 Exam Chapter 1 Exam
ReviewReview
Chapter 1 -Knowing About the Chapter 1 -Knowing About the LawLaw
Business Law-Council Rock HS NorthBusiness Law-Council Rock HS North
Mr. SherpinskyMr. Sherpinsky
Terms and DefinitionsTerms and Definitions
MoralityMorality-involves the values that -involves the values that govern a society’s attitude toward govern a society’s attitude toward right and wrong.right and wrong.
Terms and DefinitionsTerms and Definitions
Ethics-Ethics- are the means for are the means for determining what a society’s values determining what a society’s values oughtought to be. to be.
How Ethical Decisions are MadeHow Ethical Decisions are Made
Two (2) basic forms of ethical Two (2) basic forms of ethical reasoningreasoning Consequences-basedConsequences-based
Rightness and wrongness is based only on the results of Rightness and wrongness is based only on the results of the action. An act that produces good consequences is the action. An act that produces good consequences is good and an act that produces bad consequences is bad.good and an act that produces bad consequences is bad.
Rule-basedRule-based Acts are considered either right or wrong. For example: Acts are considered either right or wrong. For example:
Telling the truth is always right, and lying is always Telling the truth is always right, and lying is always wrong. Good consequences do not justify wrong or bad wrong. Good consequences do not justify wrong or bad acts.acts.
How Ethical Decisions are MadeHow Ethical Decisions are Made
Feelings and Opinions The Greatest Good The Golden Rule Ethical Character Traits
How Ethical Decisions are MadeHow Ethical Decisions are Made
Feelings and Opinion Feelings and Opinion don’t always workdon’t always work Some people can “feel” Some people can “feel”
what is right or wrongwhat is right or wrong Others have opinions on Others have opinions on
what is right or wrongwhat is right or wrong The Problem with this:The Problem with this:
If ethics were just a matter If ethics were just a matter of opinion or feelings, than of opinion or feelings, than no one can ever do no one can ever do anything wrong… anything wrong…
Doesn’t sound right does it?Doesn’t sound right does it?
So……..So……..
We also have the We also have the Greatest Good Greatest Good to to guide us in ethical guide us in ethical decision making.decision making. Will the action create the Will the action create the
greatest good for the greatest good for the greatest number of greatest number of people? Ex) Seatbeltspeople? Ex) Seatbelts The problem with this…it is The problem with this…it is
often misappliedoften misapplied
So…So…
We turn to the We turn to the Golden RuleGolden Rule ““Do unto others as you would Do unto others as you would
have them do unto you”have them do unto you” ““Would I want to be treated this way?”Would I want to be treated this way?” The problem with this:The problem with this:
Difficult to fully understandDifficult to fully understand Some abuse the rule by placing their own self Some abuse the rule by placing their own self
interest firstinterest first Empathy: Empathy: The heart of Golden Rule; means The heart of Golden Rule; means
putting yourself in another person’s position putting yourself in another person’s position and understanding how they feel.and understanding how they feel.
Ethical Character TraitsEthical Character Traits
All of the above are easy to follow if All of the above are easy to follow if the person making the ethical the person making the ethical decisions has the necessary ethical decisions has the necessary ethical character traitscharacter traits HONESTYHONESTY JUSTICEJUSTICE COMPASSIONCOMPASSION INTEGRITYINTEGRITY
Figure 1.1 pg. 11Figure 1.1 pg. 11
Terms and DefinitionsTerms and Definitions
Honesty-Honesty- Character trait of a person Character trait of a person who is open and truthful in dealings who is open and truthful in dealings with otherswith others
Terms and DefinitionsTerms and Definitions
Justice-Justice- Treating people fairly and Treating people fairly and equally.equally. Equity-Equity- Means basic fairness Means basic fairness
Terms and DefinitionsTerms and Definitions
Compassion-Compassion- When someone is When someone is sympathetic to the difficulties of sympathetic to the difficulties of others and wants to help alleviate others and wants to help alleviate their problemstheir problems
Terms and DefinitionsTerms and Definitions
Integrity-Integrity- When a person is willing When a person is willing to do the right thing, regardless of to do the right thing, regardless of the personal consequences.the personal consequences.
Terms and DefinitionsTerms and Definitions
Law-Law- is the system of rules of is the system of rules of conduct established by the conduct established by the government of a society to maintain government of a society to maintain stability and justice.stability and justice. Often referred to as a Often referred to as a ”Code””Code”
Ethical and Legal ConflictsEthical and Legal Conflicts
Ethics and law will Ethics and law will sometimes conflictsometimes conflict Since the law is made by
people it is imperfect. Legislators and judges bring
their own personal opinions and their own views on ethics and morality to the lawmaking process.
Meaning people are bias!
Sources of LawSources of Law
Law in the U.S. comes from 5 Law in the U.S. comes from 5 main sourcesmain sources
1.1. Federal and State ConstitutionsFederal and State Constitutions
2.2. English Common LawEnglish Common Law
3.3. StatutesStatutes
4.4. Court DecisionsCourt Decisions
5.5. Administrative LawAdministrative Law
Constitutional LawConstitutional Law
Constitution-Constitution- Document that spells out Document that spells out the principles by which the the principles by which the government operates.government operates.
Articles, which establish national Articles, which establish national governmentgovernment
Articles I, II, IIIArticles I, II, III 3 branches of the Federal Government3 branches of the Federal Government
Article IVArticle IV Relations among statesRelations among states
Article VArticle V How the constitution can be amended How the constitution can be amended
or changedor changed Article VI – Supremacy ClauseArticle VI – Supremacy Clause
The U.S. Constitution and the laws of the The U.S. Constitution and the laws of the U.S. are the Supreme laws of the landU.S. are the Supreme laws of the land
Article VII - RatificationArticle VII - Ratification
Constitutional LawConstitutional Law
Bill of RightsBill of Rights- - The first ten (10) Amendments of the Constitution were ratified in 1791. They limit the power of government.
The purpose of the The purpose of the Bill of Bill of Rights is to protect two (2) Rights is to protect two (2) kinds of rights:kinds of rights: 1.1. Rights of individual Rights of individual
libertyliberty2.2. Rights of persons Rights of persons
accused of crimes.accused of crimes.
State ConstitutionsState Constitutions
Each state has its own constitutionEach state has its own constitution It is…It is…
More ProtectiveMore Protective Narrower (Scope)Narrower (Scope) More RestrictiveMore Restrictive
Who and what religious group help build and shape Pennsylvania?
Common Law - *except LouisianaCommon Law - *except Louisiana
In early English history, judges or In early English history, judges or Justices traveled around the Justices traveled around the countryside deciding cases. (Virtually countryside deciding cases. (Virtually all courts)all courts)
They shared their decisions with other They shared their decisions with other judges so that they could all share the judges so that they could all share the same law.same law.
These laws were written down to be These laws were written down to be referred back to in deciding cases.referred back to in deciding cases.
These first cases were known as These first cases were known as precedentsprecedents..
It is also called It is also called Stare Decisis Stare Decisis which means let the decision which means let the decision stand.stand.
Statutory LawStatutory Law
Statutes – Statutes – (Made by a body of (Made by a body of lawmakers, “Legislature” Federal & lawmakers, “Legislature” Federal & State)State) Laws passed by the governing body for the Laws passed by the governing body for the
purpose of making laws. purpose of making laws. Designed to Designed to command, prohibit, & declare command, prohibit, & declare
certain things….certain things…. May not pass laws that conflict with the U.S. May not pass laws that conflict with the U.S.
Constitution or would be considered Constitution or would be considered unconstitutionalunconstitutional
Ordinances-Ordinances- Local laws passed by Local laws passed by municipal governing bodiesmunicipal governing bodies
Statutory LawStatutory Law
LegislatureLegislature=Body of =Body of lawmakers)lawmakers)
Article 1, Section 8, Clause Article 1, Section 8, Clause 3 3 gives the Congress the power gives the Congress the power to make laws regulating to make laws regulating commerce among states.commerce among states.
Known as the Known as the Commerce Commerce ClauseClause Given Congress very broad Given Congress very broad
powers.powers.
Statutory LawStatutory Law
LegislatureLegislature=Body of =Body of lawmakers)lawmakers)Body of Body of lawmakers that has the job lawmakers that has the job of creating statutory law of creating statutory law under the powers given to under the powers given to the federal government by the federal government by Article 1 of the Constitution Article 1 of the Constitution such as the power to tax, such as the power to tax, spend, and borrow money.spend, and borrow money.
Unconstitutional LawsUnconstitutional Laws
Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or unconstitutional, or invalid. invalid.
Court DecisionsCourt Decisions
Court-made or Court-made or Case LawCase Law
Courts make law Courts make law in 3 waysin 3 ways
1.1. Through common law Through common law traditiontradition
2.2. Interpreting statutesInterpreting statutes3.3. Judicial reviewJudicial review
Court DecisionsCourt Decisions
Court-made or Court-made or Case LawCase Law
Procedural Law - Procedural Law - laws that define laws that define rights and dutiesrights and duties
Positive law - Positive law - law law dictated through dictated through authorityauthority
Administrative LawAdministrative Law
An administrative An administrative agencies or agencies or regulatory regulatory agenciesagencies focuses on focuses on individual activitiesindividual activities Example: Example:
FCC – Federal Communications FCC – Federal Communications Commission – regulates Commission – regulates broadcastingbroadcasting
EXAM on WednesdayEXAM on Wednesday
40 Questions40 Questions True & FalseTrue & False Multiple ChoiceMultiple Choice Drop Down BoxDrop Down Box Fill in BlankFill in Blank
Work Packet is DUE @ Next Work Packet is DUE @ Next Class!Class!