Chapter 1 test for business and criminal law

Morality

Values that guide us (you) as to what is right or wrong.

Ethics

Determining which values a society should follow

Law

Rules of conduct established by a govt

Federal and State Constitution

The principles by which a country or state operates. Rights of the citizens

Bill of Rights

The first 10 amendments (1791) - 27 total amendments right now

14th Amendment

Right to due process (Miranda rights, considered innocent until proven guilty) under the law. Equal protection for all.

26th Amendment

Gives 18-year-olds the right to vote.

English Common Law

There was no written law. Law was based upon rules that people had “in common” with one another. Eventually, laws were written.

Precedent

A judge must follow an earlier court decision in cases that are similar

Statutes

Laws passed by the government. May order people to do something. May order people not to do something.

Statutory Law

A law passed by U.S. Congress or state legislature

Ordinance

A law passed by a city.

Bylaws

Laws passed by a township

Court Decisions

Commonly called case law. Laws made by judges by interpreting statutes and reviewing previous cases. Laws must be specific and clear

Unconstitutional

Violates the constitution and is no longer valid. Supreme Court has the final authority

Administrative Law

Often called a Regulatory Agency. A department set up to monitor a particular area because of their expertise. Ex. = DNR

Specific Statutes

Statutory Law, Ordinance, Bylaws

What are some ways that ethical decisions can be made?

• Feelings and opinions about what is right and wrong.

• The greatest good principle - the greatest good for the greatest number of people.

• The Golden Rule: treat others as you would want to be treated

Why are laws needed?

Defines the legal rights and duties of people and enforcement of those rights and duties through punishment

The five major sources of today’s law

Federal and State Constitution, English Common Law, Statutes, Court Decisions, Administrative Law

How do ethics and law not always coincide?

You might think gambling is ok to do, but it is illegal where you live or vice versa

Why do ethics and law not always coincide?

We're not all raised the same, and so we don’t have the same ethics or morals