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Chapter 1

Chapter 1. Lesson 1-1. Adamson, John E., and Norbert J. Mietus . South-Western Law for Business and Personal Use . Cincinnati, OH: South-Western Educational Pub., 2000. 4-14. Print. What is law?.

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Chapter 1

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  1. Chapter 1 Lesson 1-1 Adamson, John E., and Norbert J. Mietus. South-Western Law for Business and Personal Use. Cincinnati, OH: South-Western Educational Pub., 2000. 4-14. Print.

  2. What is law? Enforceable rules of conduct in a society which reflect the culture and circumstances that create them.

  3. Code An organized form in which laws may be grouped.

  4. Stages in the Growth of the Law • Individuals take revenge for wrongs done to them. • Awards of money or goods are substituted for revenge. • Court Systems are formed. • A central authority figure intervenes to prevent and punish wrongs.

  5. Common Law • Law based on the current standards or customs of the people. • Common law is used by judges to settle peoples disputes.

  6. Positive Law “Man Made” • Is dictated from a sovereign or other central authority to prevent disputes and wrongs from occurring. • The law established or recognized by governmental authority(e.g., the U.S. Constitution, the Texas Securities Act, the Internal Revenue Code, and published judicial decisions). • Is any express written command of the government

  7. Precedent The courts used prior cases as a guide for deciding similar new cases.

  8. Injunction Prohibits something from being done.

  9. Law Courts and Equity Courts • Courts of law deal with public wrongs (criminal acts) and courts of equity deal with private wrongs (money damages) or torts. • Equity Court would not have a jury

  10. Ordinance An ordinance is a law passed by a municipal government. Example: You have to be home before dark if you are between the ages of.. You can not text and drive Hands free while on a phone.

  11. Hot Debate Mariann was texting her boyfriend as she drove home from school. A police officer pulled her over and cited her for violation of the city’s ordinance against distracted driving. As he did so, Mariann noticed drivers pulling out onto the street from a fast-food-drive-through. Many of them were using their hands to eat the food they had purchased. She pointed this out to the officer and asked why the members of the city council felt that texting was too great a distraction for a driver but eating was not. He told her they felt that texting was more distracting for a driver, and unlike buying and eating drive-through food, it served no useful commercial purpose.

  12. Where do you stand? • Is the ordinance against distracted driving lawful? • Has the ordinance been fairly applied? • Can you suggest some changes in the ordinance that might make it a better law? **As a group come up with answers to the three questions above and be prepared to answer to the class.

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