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Chapter 1: Ethics & Sources of Law

Chapter 1: Ethics & Sources of Law. Chapter. Ethics and the Law. 1. Section 1.1 Defining Ethics Section 1.2 Sources of Law. What You’ll Learn. How ethical decisions are made (p. 6) When to apply the greatest good principle (p. 7) When to apply the golden rule principle (p. 8).

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Chapter 1: Ethics & Sources of Law

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  1. Chapter 1: Ethics & Sources of Law
  2. Chapter Ethics and the Law 1 Section 1.1 Defining Ethics Section 1.2 Sources of Law
  3. What You’ll Learn How ethical decisions are made (p. 6) When to apply the greatest good principle (p. 7) When to apply the golden rule principle (p. 8)
  4. What You’ll Learn How to explain the nature of ethical character traits (p. 11) When law relates to ethics (p. 12)
  5. What You’ll Learn How to explain the importance of law (p.12) How to resolve ethical and legal conflicts (p. 13)
  6. Why It’s Important Learning how to apply ethical principles will help you make ethical decisions.
  7. Legal Terms morality (p. 6) ethics (p. 6) honesty (p. 11) justice (p. 11) compassion (p. 11) integrity (p. 12) law (p. 12)
  8. Section Outline How Ethical Decisions Are Made Feelings and Opinions The Greatest Good The Golden Rule Ethical Character Traits
  9. Section Outline The Relationship Between Ethics and Law Why Law Is Necessary Ethical and Legal Conflicts
  10. Pre-Learning Question How do you make ethical decisions?
  11. How Ethical Decisions Are Made Determining the difference between right and wrong can be difficult. Individuals use different methods to choose the right thing to do in any given situation.
  12. How Ethical Decisions Are Made Morality involves the values that govern a society’s attitude toward right and wrong. Ethics, in contrast, are the means for determining what a society’s values ought to be.
  13. How Ethical Decisions Are Made Throughout your life, you will face many ethical problems. Adopting a consistent ethical standard can help you with big or small moral problems.
  14. Feelings and Opinions Some people base their ethical standards on whether the act “feels” right.
  15. The Greatest Good Some people feel that an action that creates the greatest good for the greatest number of people is a sound basis for making ethical decisions.
  16. The Golden Rule Others base their ethical standards on the golden rule, which states: “Do unto others as you would have them do unto you.”
  17. Ethical Character Traits Honesty is being open and truthful with other people. Justice is treating other people fairly and equally.
  18. Ethical Character Traits Compassion is being sympathetic to the difficulties of others. Integrity is doing what is right regardless of personal consequences.
  19. Describe the characteristics of justice.
  20. ANSWER Treating people fairly and equally.
  21. Pre-Learning Question How do you think ethics relates to law?
  22. The Relationship Between Ethics and Law If everyone made the same ethical decisions with the same results, there would be no need for law. In the real world, however, some people engage in conduct that most people agree is wrong.
  23. Why Law Is Necessary Law is the system of rules of conduct established by the government of a society to maintain stability and justice.
  24. Why Law Is Necessary Law defines the legal rights and duties of the people and provides the means of enforcing these rights and duties.
  25. Ethics and Legal Conflicts Because law is made by people, it is imperfect. Legislators and judges bring their own personal opinions on ethics to the lawmaking process. As a result, ethics and law will sometime conflict.
  26. Define law.
  27. ANSWER Law is the rules of conduct established by the government of a society to maintain stability and justice.
  28. Section 1.1Assessment Reviewing What You Learned Explain how ethical decisions are made.
  29. Section 1.1Assessment Reviewing What You Learned Answer Answers will vary, but should refer to the different standards people use, such their feelings and opinions, the golden rule, or their own ethical character traits.
  30. Section 1.1Assessment Reviewing What You Learned How can the greatest good principle lead to ethical decisions?
  31. Section 1.1Assessment Reviewing What You Learned Answer It concentrates on consequences in a way that leads to ethical decisions.
  32. Section 1.1Assessment Reviewing What You Learned How can the golden rule principle lead to ethical decisions?
  33. Section 1.1Assessment Reviewing What You Learned Answer It tells each of us how to treat people based on rationality and can, therefore, lead to ethical decisions.
  34. Section 1.1Assessment Reviewing What You Learned What are four ethical character traits?
  35. Section 1.1Assessment Reviewing What You Learned Answer Honesty, compassion, integrity, and justice
  36. Section 1.1Assessment Reviewing What You Learned How is law related to ethics?
  37. Section 1.1Assessment Reviewing What You Learned Answer Answers will vary, but should refer to the need for law because people do not always make the same ethical decisions with the same results.
  38. Section 1.1Assessment Reviewing What You Learned Why is law important?
  39. Section 1.1Assessment Reviewing What You Learned Answer Answers will vary, but should recognize that law helps to maintain stability and justice in a society.
  40. Section 1.1Assessment Reviewing What You Learned How can ethical and legal conflicts be resolved?
  41. Section 1.1Assessment Reviewing What You Learned Answer Answers will vary, but should recognize that by looking at the reasons for specific conflicts, those conflicts may be resolved.
  42. Section 1.1Assessment Critical Thinking Activity Ethics and Law Why is it important to be able to distinguish between actions that are ethical and actions that are not? Why is it important to be able to distinguish between ethics and law?
  43. Section 1.1Assessment Critical Thinking Activity Answer Ethics and Law Answers will vary, but should recognize the value of knowing right from wrong and of distinguishing between how we determine our values and how we create the system of rules we live by.
  44. Section 1.1Assessment Legal Skills in Action Developing Ethical Standards How would you respond to a friend who says she has never had a consistent set of moral standards?
  45. Section 1.1Assessment Legal Skills in Action Developing Ethical Standards With a partner, role-play a response to your friend’s lack of ethical philosophy. Explain how the ethical standards discussed in this chapter could help her develop a consistent set of ethical standards.
  46. Section 1.1Assessment Legal Skills in Action Answer Developing Ethical Standards Role-plays will vary, but should demonstrate an understanding of the ethical standards discussed in this chapter.
  47. End of Section 1.1
  48. Section 1.2
  49. What You’ll Learn How to recognize the various parts of the U.S. Constitution (p. 14) How to explain the components of common law (p. 17)
  50. What You’ll Learn How to explain the purposes of statutory law (p. 18) How to identify the various ways that courts make law (p. 20)
  51. What You’ll Learn How the government makes administrative regulations (p. 21)
  52. Why It’s Important Learning how the law is made will help you make decisions regarding your legal responsibilities.
  53. Legal Terms Constitution (p. 14) common law (p. 17) precedent (p. 17) statutes (p. 18)
  54. Legal Terms unconstitutional (p. 19) legislature (p. 19) administrative law (p. 21)
  55. Section Outline The Five Main Sources of U.S. Law Constitutional Law Common Law Statutory Law Court Decisions Administrative Regulations
  56. Pre-Learning Question Why are there different sources of law?
  57. The Five Main Sources of U.S. Law Although the five main sources of law may seem different, they all pertain to the law in some way. constitutional law common law
  58. The Five Main Sources of U.S. Law statutory law court decisions administrative regulations
  59. Constitutional Law A country’s constitution spells out the principles by which the government operates. In our country, the most fundamental law is the U.S. Constitution.
  60. The U. S. Constitution Sets forth the fundamental rights of citizens. Defines the limits within which the federal and state governments may pass laws. Describes the functions of different branches and divisions of our national government.
  61. The U. S. Constitution The U.S. Constitution consists of seven articles and 27 amendments. The articles establish the national government. The amendments outline the rights of the people.
  62. 1.2 The Articles of the Constitution of the United States, in order to form… Article I. The Legislative Branch Article II. The Executive Branch Article III. The Judicial Branch Article IV. Relations Among States Article V. The Amending Process Article VI. National Supremacy Article VII. The Ratification of the Constitution
  63. Common Law In the early days of English history, judges traveled in circuits around England deciding cases. Because there was no written law, judges made decisions based on customs and traditions.
  64. Common Law Judges shared their decisions with other judges. They tried to share the same law “in common” with everyone else throughout the country. This practice formed the basis of common law.
  65. Precedent Common law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances. Stare decisis means “let the decision stand.”
  66. How many amendments are there to the U.S. Constitution?
  67. ANSWER 27
  68. Statutory Law Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.
  69. Statutory Law A statute may order people to do something, such as pay taxes or sign up for the military draft. A statute may also forbid people from doing something, such as discriminating in employment.
  70. Statutory Law Federal statutes are laws passed by Congress and signed by the president. State statues are laws passed by a state’s own legislature, or body of lawmakers.
  71. Statutory Law Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.
  72. Court Decisions Courts make laws in three ways: Through common-law tradition By interpreting statutes By judicial review
  73. Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?
  74. ANSWER Statutory law
  75. Administrative Regulations Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency. Administrative law consists of those rules and procedures established by regulatory agencies.
  76. Section 1.2Assessment Reviewing What You Learned What are the various parts of the U.S. Constitution?
  77. Section 1.2Assessment Reviewing What You Learned Answer Articles, which establish the national government, and amendments, which outline the rights of the people.
  78. Section 1.2Assessment Reviewing What You Learned What are the components of common law?
  79. Section 1.2Assessment Reviewing What You Learned Answer Based upon previous court decisions
  80. Section 1.2Assessment Reviewing What You Learned What are the purposes of statutory law?
  81. Section 1.2Assessment Reviewing What You Learned Answer To order people to do something or prohibit people from doing things.
  82. Section 1.2Assessment Reviewing What You Learned How do the courts make laws?
  83. Section 1.2Assessment Reviewing What You Learned Answer Using common law, statutory interpretation, and judicial review.
  84. Section 1.2Assessment Reviewing What You Learned How does the government make administrative regulations?
  85. Section 1.2Assessment Reviewing What You Learned Answer Through the use of administrative agencies.
  86. Section 1.2 Assessment Critical Thinking Activity Sources of Law Why is it important to be able to distinguish between the U.S. Constitution and statutory law?
  87. Section 1.2Assessment Critical Thinking Activity Answer Sources of Law Answers will vary, but understanding the source of a law may help you understand the reason for the law itself.
  88. Section 1.2Assessment Legal Skills in Action The Articles of Confederation The U.S. Constitution is not the original governing document for the United States. At one time, the national government was organized and operated under the Articles of Confederation.
  89. Section 1.2Assessment Legal Skills in Action The Articles of Confederation The Articles lasted only a decade, however. With a partner, conduct a research project to uncover the weaknesses of the Articles of Confederation.
  90. Section 1.1Assessment Section 1.2Assessment Legal Skills in Action Answer The Articles of Confederation Reports will vary, but should cite sources to support their findings.
  91. End of Section 1.2
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