Objectives Of Law, Roots Of Our Legal System, The Common Law, Equity, Sources Of Law, Civil Versus Criminal Law, Ethics Flashcards
Introduction to law ch. 1
Objectives of law
A law
B ethics
C damages
D business law
Purposes of law
Establishing standards, maintaining order, resolving disputes, protecting liberties.
Law
Rules of civil conduct commanding what is right
Ethics
Moral principles that a person acts upon
Damages
Money awarded for wrongdoing
Business law
Rules of conduct prescribed by government
What are the roots of the American legal system?
British system based on common law and equity.
Define the common law.
The body of law that is based on the English legal system derived from judicial decisions rather then statutes.
common law is a custom that came to be recognized by the courts as binding on the community and therefore law.
Define equity
Justice system based on fairness provides relief other than merely money damages
Example
restraining order
also injunction
What is an injunction
The courts permanent order forbidding an action versus restraining order which is temporary.
Sources of law
Origins of laws The Binding rules
Constitutions
Constitutional law a document that contains fundamental principles of a government
Bill of Rights
Declaration of the rights of man and of the citizen
Statute
Law enacted by legislative bodies
Ordinance
Law enacted by cities
Code
Collection of laws, rules or regulations
Statutory law
Written laws set down by a body of legislation
Judicial decisions
- President-
the making of law by a court by recognizing other decided cases - Stare Decisis-
The doctrine of the courts following legal precedent.
Case law
Very important for funeral services because of different state laws
Administrative agency orders
- Administrative agency-
Regulates industry and issues rules and regulations - Rules and regulations-
Enhancements by an administrative agency
Administrative agency
Governmental Board or commission with authority to regulate matters or Implement law
administrative agencies are given wide latitude in setting up rules of procedure orders and decrees
If an agency rule or decision conflicts with the statute the statute takes precedence
Civil versus criminal law
Civil law is a law dealing with enforcement or protection of private rights
Criminal law is that branch of the law dealing with crimes and the punishment of wrongdoers
Crime
A crime is an offense that tends to injure society as a whole
Felony
A more serious crime usually punishable by death or by imprisonment in a Penitentiary or state prison for more than one year
Misdemeanor
Misdemeanors are offenses of a less serious charge and are punishable by a fine or imprisonment in a county or local jail
Wobbler
An offense that can be either a felony or a misdemeanor depending on prior conviction generally a wobbler is a felony if over a year time is sentenced
Violations or in fractions
Offense less serious than a misdemeanor may not even be considered criminal offenses
Ethics
Principles that determine the morality of conduct its motives and its duties
we base our laws on our morals those principles that help a person determine the morality of conduct its motives and its duties.
Basis for ethical judgement
Ethical judgements on personal values our values from religious beliefs experience culture background and scientific knowledge
Ethical principles
- Seriousness of consequences
Unethical Behavior can harm others when the matter is of serious consequence to people laws are usually enacted to regulate that behavior - Consensus of the majority
laws cannot express every individuals at the co-principals because individuals do not agree on what is moral. in a Democratic Society the laws are designed to reflect the ethical view of the majority - Change in ethical standards
Ethics of a society changes therefore so do the standards
Code of professional responsibility
The number of professions have codes of ethics violated provided the basis for penalties
