law, justice, and you business law why why do we need laws? where do laws come from?

22
LAW, JUSTICE, AND YOU Business Law

Upload: kimberly-warren

Post on 20-Jan-2016

216 views

Category:

Documents


0 download

TRANSCRIPT

Business Law

Law, Justice, and YouBusiness LawWhyWhy do we need laws?Where do laws come from?

Why do I Care?How does the law affect you?How are laws being made today being affected by changes in technology?

SextingThe percent of teenagers who have sent or posted nude or semi-nude pictures or video of themselves:20% of teenagers overall22% of teen girls18% of teen boys11% of young teen girls ages 13-16What are the legal ramifications?Legal IssuesSending or receiving a sexually suggestive text or image under the age of 18 is considered child pornography and can result in criminal charges.Phillip AlpertKey TermsLaws enforceable rules of conduct in a society.Code Laws grouped into an organized form.Common law Law based on the current standards or customs of the people.Positive law Law based on the dictates of a central political authority.Jurisdiction the power of a court to decide a case.Equity basic fairness.Stages in Growth of the LawMost societies go through four distinct stages in forming their legal systems:Individuals are free to take revenge for wrongs done to them. (Gang wars)A leader acquires enough power to be able to force revenge-minded individuals to accept an award of goods or money insteadThe leader gives this power to a system of courts.The leader or central authority acts to prevent and punish wrongs that provoke individuals to seek revenge.Common LawLaw based on the current standards or customs of the people.Formed from rules used by judges to settle peoples disputes.

Positive LawLaws set down by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place.Systems of LawEnglish common lawUsed by 49 statesRoman civil lawWrittenWell organizedComprehensive Only changed by central governmentOnly used by LouisianaWhy Are Laws NeededProtect individualsSettle disputesAward damagesPrevent or punish wrongs.1-2 Types of LawsSources of LawConstitutionHighest source of law (federal is the supreme law of the land)Defines and allocates powers in our societyBetween the people and the governmentBetween state and federal governmentsAmong the branches of government

Allocation of PowerPeople and GovernmentDone in the main body of the ConstitutionDone in the first ten amendments (Bill of Rights)Federal and State GovernmentsConstitution gives Federal Government power to regulate both foreign and interstate commerceBranches of GovernmentChecks and balancesLawsCongress passes federal laws called statutesState legislatures pass state laws called statutesLocal governments pass ordinances Case LawWhen an appellate court hears an appeal the opinion may state new or more appropriate rules to be used in deciding the case and others like it referred to as case law.Stare decisis lower courts must follow established case law in deciding similar cases.Administrative agencies create administrative laws rules and regulations.Conflicts in lawsSupremecy rulesFederal law supersedes state lawState law supersedes local lawConstitutional law supersedes statutory lawStatutory law supersedes administrative lawHigher courts decisions prevail over lower courtsConstitutional LawCan the constitution be changed? If so, how?Ethics and LawSpirit of the Law

Following learned rules.Following our conscience.Obeying the law.How do we distinguish right from wrong?

How Ethical Decisions are MadeFeelings and opinionsThe greatest goodThe golden ruleEthics and LawEthics tell us what we ought to do.Law consists of rules of conduct established by the government.

LawRules of conduct established to:Maintain stabilityMaintain justice

Defines the legal rights and duties of the people.