B-Law Chapter 1 study guide

equity

Basic fairness.

Ethics Reflected in Laws

Because the U.S. legal system is grounded on majority rule, the laws are judged to be right or good when they affect the majority of the people positively.

How are ethics reflected in laws?

Because the US legal system is grounded on maturity rule the laws are judged to be right or good when they affect the majority of the people positively and vice versa. The government which is empowered by the US Constitution six to ensure that the federal law making props u The government which is empowered by the US Constitution six to ensure that the federal law making process provides the greatest good for the greatest number of people. However the constitution also seeks to protect my Nordie's that might be taken advantage of by the wrong actions of the majority. This is affected by the rights established in first 10 amendments to the constitution. This protection of basic human rights established in the Bill of Rights and other civil rights laws reflects the ethical basis of rules.

Why do the two forms of ethical reasoning, consequences-based and rule-based, usually result in the same decision, and what is the probable cause when they do not?

Both forms of ethical reasoning assume that human beings have dignity and worth, and therefore consequences-based reasoning usually produces bad consequences for actions that violate rule-based reasoning. However, when the decisions differ it may be because not all consequences were correctly foreseen or impartiality was not used in evaluating consequences.

Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law.

Civil laws govern offenses against individuals while criminal law addresses offenses against society. Procedural law deals with methods of enforcing legal rights and duties while substantive law defines rights and duties for all conduct except that involved in enforcement. Business law specifically covers rules that apply to business situations and transactions; however, other kinds of laws may also affect business practices.

differences between common law and positive law

Common law is based on the current standards or customs of the people and is usually pronounced by judges in settling people's disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place.

Consequences-Based Ethical Reasoning

Consequence-based reasoning first looks for alternative ways to alter the current situation. Then it attempts to forecast the consequences that will arise from each alternative.

administrative agencies

Governmental body formed to carry out particular laws.

criminal law

Group of laws that defines and sets punishments for offenses against society.

universalizing

Imagining everyone doing the same thing and then determining whether the result would be irrational, illogical, or demeaning.

jurisdiction

The power of a court to decide a case.

Ethics and the Law

The relationship between ethics and the law. Sometimes the rule of law and the rule of ethics demand the same response by a person confronted with a problem, while in some situations the law may permit an act that is ethically wrong.

Basic Forms of Ethical Reasoning

consequences and ethical rules

What is a law?

enforceable rules of conduct in a society.

Positive Law

law based on the dictates of a central political authority

code

laws grouped into an organized form

Rule-Based Ethical Reasoning

using fundamental ethical rules of either a recognized authority or human reasoning, acts themselves are judged as right or wrong.

How are ethical decisions reasoned out?

An ethical decision is one that is reasoned out typically by referring to a written authority that provides consistency. The law is such an authority.

Kantian ethics

An ethical system developed by German philosopher Immanuel Kant in the eighteenth century proposing that human reasoning also can show what is basically wrong or right. Kant strongly opposed utilitarianism.

civil disobedience

An open, peaceful, violation of a law to protest its alleged or supposed injustice.

What determines whether a particular law, statute, ordinance, or regulation is valid?

Any federal, state, or local statute, case law, or administrative decision is not valid if it conflicts with the federal Constitution.

procedural law

Sets forth how rights and responsibilities can be legally exercised and enforced through the legal system; determines what remedies are available in a lawsuit and how those remedies are to be secured.

Why do societies need laws and courts?

Societies need laws to protect individuals and to settle disputes between individuals. Courts are needed to settle disputes, award damages, and prevent or punish wrongs.

stages in the growth of law

1. Revenge 2. Ruler forces compensation 3. Power to courts 4. Leader or central authority prevents and punish his wrongs that provoke individuals to seek revenge

ethics

A collection of standards of conduct and moral judgment forming the basis for a reasoned, impartial decision as to what is right or wrong.

Jury

A group of people sworn to abide by the laws to determine the truth

Common Law

A legal system based on custom and court rulings

Think about consequences-based ethics and rule-based ethical reasoning. Write a brief paragraph describing a scenario in which breaking the rules has an ethical outcome.

A parent rushing a sick child to the hospital in the middle of the night might not make it to the hospital in time to save the child's life if he or she obeys the traffic laws. However, if the parent ignores the laws and risks getting a ticket the child's life will be saved.

How can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example.

A single act may be both an offense against society and a violation of private legal rights of an individual. For example, a drunk driver who wrecks someone else's car has violated both a criminal law by driving while intoxicated and a civil law by damaging the property of another.

ethical system

A system that is composed of an organized and consistent compilation of such standards usually set down by an established authority (e.g., the law).

King's Bench

Court appointed by King Henry II; wrongdoers were ordered to pay with money or goods

constitution

Document that sets forth the framework of a government and its relationship to the people it governs.

origin of the U.S. legal system.

English Common Law and Roman Civil Law

What Is the Origin of the U.S. Legal System?

English common law

Utilitarianism

Evaluates the moral worth of a proposed action by forecasting the consequences of that action and alternatives to it. (Jeremy Bentham and John Stuart Mill)

What powers do the courts have when personal or private property is damaged or destroyed?

In property matters, courts may enter a judgment to compel specific actions, such as paying damages, or issue an injunction to prohibit something from being done.

case law

Law made when an appellate court endorses a rule to be used in deciding court cases.

substantive law

Laws defining rights and duties of conduct except those involved in enforcement.

statutes

Laws enacted by state or federal legislatures.

ordinances

Legislation enacted by a town, city, or county board or commission.

How are constitutional, statutory, case, and administrative laws created?

The adoption or amendment of a constitution creates constitutional laws. Legislatures and local governments through authority granted by constitutions enact statutory laws. Administrative laws are created by agencies of the federal, state, and local governments within the authority granted by legislatures. Case law is made through decisions of federal and state courts.

integrity

The capacity to do what is right even in the face of temptation or pressure to do otherwise.

How is power allocated between federal, state, and local governments?

The federal Constitution delegates powers between the federal and state governments. State governments grant some legislative authority to local governments. In addition, state and federal constitutions allocate governmental powers among the executive, legislative, and judicial branches of the governments.

How are conflicts between constitutional, statutory, case, and administrative laws resolved?

The federal Constitution is the supreme authority. The validity of laws is determined by whether they violate authority granted by constitutions or legislative bodies or conflict with laws enacted by higher authorities.

civil law

The group of laws used to provide remedy for wrongs against individuals.

impartiality

The idea that the same ethical standards apply to everyone.

stare decisis

The legal doctrine that requires lower courts to follow established case law in deciding similar cases ("to adhere to decided cases").

How does the majority rule principle demonstrate consequences-based reasoning in our laws?

When laws are made to protect the rights of the majority, the greatest number of people benefit, which is the basis of consequences-based reasoning.