Study Notes on Laws, Ethics, and Business Law
Importance of Laws in Community
Role of Rules:
Laws are essential to prevent chaos in communities, including schools.
Attendance rules in schools can be likened to laws; without them, education would be ineffective.
Purpose of Laws
Laws as Social Structures:
Laws dictate customs and practices in various areas:
Crime against individuals and property.
Managing social relationships and conflicts.
Involvement in business and finance.
Types of Laws:
Criminal Law: Involves crimes and their punishments.
Civil Law: Deals with disputes between individuals or organizations.
Enforcement of Law:
Enforced by authorities, primarily through the court system rather than police.
Courts are responsible for determining guilt and applying consequences.
Cultural Reflection of Laws:
Laws mirror the society and the culture that produces them.
Example: In Louisiana, there are laws against tying an alligator to a fire hydrant, which reflects local culture; such a law would not exist in Minnesota.
Reasons for Creation of Laws
Protect General Safety:
Laws like crosswalk signals protect pedestrians and cyclists.
Seatbelt and speed laws also aim to enhance safety.
Age restrictions on alcohol and tobacco are designed for public safety.
Resolve Disputes Civilly:
Laws provide mechanisms to resolve conflicts, like property disputes, through the court system rather than violence.
Example: A neighbor builds a shed partially on someone else's property; legal avenues exist for resolution instead of direct confrontation.
Protect Liberties and Rights:
Laws help protect individuals’ rights, often rooted in constitutional principles.
Current discussions around free speech and the right to protest illustrate this point.
Maintain Community Order:
Laws contribute to making communities safe, productive, and peaceful.
Business Law
Definition:
Business law governs how businesses operate in aspects like
Starting
Managing
Buying
Selling
Closing businesses.
Types of Law in Business:
Contains both criminal and civil laws.
Criminal Example:
Embezzlement—stealing money from a company, resulting in criminal charges and potential jail time.
Civil Example:
Noncompete clauses in employment contracts prevent employees from joining competing firms with proprietary information for a set time.
Violating such clauses may result in lawsuits but not criminal charges.
Rationale for Business Laws:
Protects employees and company assets.
Offers a framework for resolving disputes civilly to encourage productivity and peace in business practices.
Ethical Behavior
Definition:
Ethical behavior includes acting with integrity, honesty, professionalism, and fairness.
Personal vs. Business Ethics:
Personal Ethics:
Individual beliefs or moral compass guiding decisions.
Business Ethics:
Ethics adopted collectively by a corporation.
There can be alignment, but sometimes they differ.
Skills for Ethical Behavior:
Good communication skills are crucial for effectively expressing ethics and making sound decisions.
Important to treat others well and avoid discrimination.
Unethical vs. Illegal Behavior
Unethical Behavior:
Lacks moral principles; may include deception, dishonesty, and failure to honor commitments.
Example: Submitting blank assignments online to delay fulfilling work responsibilities.
Illegal Behavior:
Fails to comply with laws, leads to potential legal consequences.
Examples include theft, workplace violence, and harassment.
Comparison of Unethical vs. Illegal:
Showing up late to class is unethical within the context of personal responsibility, but may not invoke legal consequences.
Sources of Law
Four Main Sources:
United States Constitution:
Fundamental document outlining the structure and principles of laws.
Statutes:
Laws passed by state or federal legislatures.
Important to recognize that the term 'statute' means law for comprehension in tests.
Case Law:
Develops through court decisions and precedents established over time.
Administrative Regulations:
Rules created by governmental agencies, like the FDA's regulations on food safety.
Summary and Study Advice
Study Time:
Importance placed on preparation for assessments.
Ensure understanding of key concepts for better retention and performance.