Agenda

Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western

Agenda

3mins: Scholarships 3mins: Essentials Questions 20mins: Discussion 60 Assignment MENTOR OPPORTUNITY

Chapter 1Slide 1


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Chapter 1Slide 2


CHAPTER 1Laws and Their Ethical Foundation

1-1 Laws and Legal Systems

1-2 Types of Laws

1-3 Ethical Bases for Laws


Standard(s)

BMA-LEB-2: Compare and contrast the relationship between ethics and law for a business. 2.2 Explain the major sources of law:

constitutional law, statutory law, common law, regulatory law, and international law

Chapter 1Slide 4


Chapter 1Slide 5

1-11-1 Laws and Legal Systems

Essential Question 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


Notes

Chapter 1Slide 6


Chapter 1Slide 7

WHAT IS LAW?

Laws Enforceable rules of conduct in a society Reflect culture and circumstances Established by gov’t to maintain stability

and justice

Code (Legal Code) Group of Laws


Think Pair Share If you were to create a society from

scratch would you have laws? Would your laws protect people from

themselves? Why or Why not? What current American laws would you

keep? Which current American laws would you

abolish?

Chapter 1Slide 8


What does if there were no laws?

Chapter 1Slide 9


Where did we get our Laws from? Hammurabi, King of Babylon Hammurabi’s Code

“Eye for an Eye” Criminal Law Property Law Business Law Family Law Personal Injury Labor Laws

Chapter 1Slide 10


Question

“An Eye for an Eye leaves everybody blind”

Agree or Disagree

Chapter 1Slide 11


4 Stages in the Growth

1. Individuals take Revenge

2. An authority substitutes an award for revenge Sovereign: Powerful leader

3. Authority gives power to courts

4. Authority acts to prevent and punish wrongs

Chapter 1Slide 12


Agenda

3mins: Scholarships 2mins: Recap 15mins: Book Distribution 2mins: Essentials Questions 2mins: Intro 15mins: Common Law Assignment 10mins: Discussion

Chapter 1Slide 13


4 Stages in the Growth

1. Individuals take Revenge

2. An authority substitutes an award for revenge Sovereign: Powerful leader

3. Authority gives power to courts

4. Authority acts to prevent and punish wrongs

Chapter 1Slide 14


Assignment

Read page 1-5 of the Common Law vs Civil Law PDF and section1.1 in the book. Answer the following questions. Prepare a double bubble thinking map to compare and contrast civil and common law.

Chapter 1Slide 15


Agenda

Chapter 1Slide 17

3mins: Scholarships 2mins: Intro (common vs. positive law) 15mins: Discuss Questions 2mins: 2mins: Intro 15mins: Common Law Assignment 10mins: Discussion


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Chapter 1Slide 18


Chapter 1Slide 19

Common Law Vs. Positive Law Common Law

Based on current standards or customs Formed by judges to settle disputes

(usually) Positive laws

Pre-emptive (Proactive) Created by central authority Aim to prevent disputes and wrongs


Chapter 1Slide 20

Steve

Joe

What is English Common Law?

King Henry IIKing’s Bench


What is English Common Law? U.S system based on

Colonists

Ever-evolving system Adapts to changes in society

Decision Based on PRECEDENT Previously decided cases

Greatest Accomplishment: Uniformity Stability

Chapter 1Slide 21


What is English Common Law? Circuit Courts (Local)

“Going to Court”: Seek a fair resolution of your legal

dispute

Juries Panel of citizens Interpret regional customs

Jurisdiction Appellate Process

Chapter 1Slide 22

Disadvantage:Requires high

level of specific form and

compliance.Technicalities


What is Civil Law? Roman-Based

Other Significant Base

Local authority has more power Series of Statutes Louisiana Italy, Spain, Netherlands, Quebec

Chapter 1Slide 23


What are the advantages and disadvantages of a jury system? Non Lawyers Bias Human nature Peers?

Chapter 1Slide 24

Peers Law of

Averages Non Lawyers Randomness


Equity (Common law alternative)

FAIRNESS = Equity Chancellors preside over

equity courts (chancery) No Jury Common Laws Rules don’t

apply Power to issue INJUCTIONS:

forced stoppageChapter 1

Slide 25

Common law required wrong to

occur before Judge can to take

action


Chapter 1Slide 26

How does common law differ from positive law?


Chapter 1Slide 27

Edmodo (Pick 1 Maxim)

•10 maxims (principles) applied in equity cases.

•Explain what you think each one means. (1-4 sentences)

•Partners


Agenda

3mins: Scholarships 7mins: Recap 15mins: Maxim Discussion 20mins: Self Directed Learnig

Chapter 1Slide 28


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Chapter 1Slide 29


Recap Law is…. A code is…. Our legal system is based on… Name of King responsible… Juries are… Jurisdiction is… Equity is… Common law vs. Positive Law? Advantage of common law?

Chapter 1Slide 30


Maxims

(a)Who comes to equity must come with clean hands. In order to have a court of equity assist in

a dispute, those who seek its help must have conducted themselves without wrongdoing and in a fair and equitable manner during the dispute.

Chapter 1Slide 31


Maxims

(b)Who seeks equity must do equity. In reaching an equitable remedy, the party

seeking assistance must be willing to compromise in an equitable manner.

Chapter 1Slide 32


Maxims

(c)Equity will not suffer a wrong without a remedy. If an action is brought to a court of equity

and it is found that a wrong of some sort has been done, the court will seek to remedy that wrong in some way.

Chapter 1Slide 33


Maxims

(d)Equity abhors a forfeiture. When dealing in a court of equity, the

courts want the parties to do what they are supposed to do. Having one party forfeit, or give up something that should be maintained, is not in keeping with equitable premises.

Chapter 1Slide 34


Maxims

(e) Equity considers that done which ought to be done. If it is found that one of the parties should

have done a particular thing and has not, the courts will do the equitable thing.

Chapter 1Slide 35


Maxims

(f) Where there are equal equities, the first in time will prevail. Where both parties are at a relatively

equal disadvantage, whoever seeks equity first wins.

Chapter 1Slide 36


Maxims

(g) Equity looks to intent and not to form. In courts of equity, courts are not so

bound by form over substance and how something is designed to be done. Instead, they can look at what actually happens, in disposing of the matter.

Chapter 1Slide 37


Maxims

(h) Equity aids the vigilant and not one who slumbers on their rights. If someone has a cause of action and

does not take advantage of it, the one who was more timely in pursuing rights will prevail.

Chapter 1Slide 38


Chapter 1Slide 39

Its on Edmodo

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