Madison Regan

Law Notes · Chapter 1 – Ethics and the Law

Pg. 13 Section 1.1 Assessment #1-7:

1. Explain how ethical decisions are made.
Ethical decisions are made from feelings and opinions, the greatest good principle (choosing the action that
creates the greatest good for the greatest number of people), and the Golden Rule (“Do unto others as you
would have them do unto you.”).
2. How can the greatest good principle lead to ethical decisions?
The greatest good principle can lead to ethical decisions because people base their decision on whether an
action will create the greatest good for the greatest number of people. Keeping in mind what is best for other
people, the majority.
3. How can the Golden Rule lead to ethical decisions?
The Golden Rule can lead to ethical decisions because with this rule you put yourself in another person’s
position, and you imagine how you would feel if you were the other people on the other side of the decision.
Those who wish to be treated with respect must first be respectful of others.
4. What are four ethical character traits?
1. Honesty – open and truthful with other people
2. Fairness/Justice – treat everyone with justice and equality
3. Compassion – care for others; sympathetic to their difficulties and desire to alleviate their problems;
respect for other people and their right to make their own decisions; forgive others’ mistakes
4. Integrity – do what is right, regardless of personal consequences; stand up for their convictions; willing to
risk many things for the sake of their moral convictions
5. Analyze the effect of unethical and illegal practices on a business and on consumers. What are some consequences
of such behavior?
Unethical and illegal practices hurt consumers because they can be scammed or physically hurt. Unethical and
illegal practices can cause businesses to lose their customers and eventually their business. Both parties can
end up in jail or disliked by a large majority of people
Business can suffer, and you will lose customers.
6. Contrast honest or dishonest with legal or illegal business practices. Why are ethics and the law not always the
same?
Legal business practices involve being honest and transparent. Illegal business practices involve being
dishonest, so people don’t find out about your illegal practices. Ethics and the law are not always the same
because the law is made by people who let their opinions influence them when making laws.
Ethic depends on the person’s view. Law is one set thing.
7. How might ethics and the law conflict?
Ethics and the law might conflict when your community thinks one thing is ok, but the law disagrees. For
example, you may follow the ethics of journalism by not revealing your source to the police, but by doing so
you are violating the law.
 Priest, doctors, physiatrists

Sometimes people don’t do what they say they are going to do.

Morality involves the values that govern a society’s attitude toward right and wrong
Ethics is the means for determining what a society’s values ought to be

Five Sources of Law:

-Constitutional Law (federal and state)
-U.S. Constitution (for everyone) – defines branches (articles 1,2,3), Article 6 (supremacy clause – federal trumps the
state constitution); first ten amendments (Bill of Rights – limit the powers of the government; rights of individuals
and the rights of people accused of crimes)
-State Constitution – narrowed just for state; more protective; defines things better; more restrictive
-English common law (because England owned us) – dates way back to when the colonies were owned and law was
dictated by England; excludes Louisiana (French)
-precedent law – what came before
-Statues – passed by governing body; makes a law where it is needed; allows people to do stuff or restricts them; U.S.
Congress, local councils, state legislatures pass statutes
-Federal statues – signed by the president
-Court Decisions -
-Administrative Law – consists of those rules and procedures established by regulatory agencies

Pg. 21 Section 1.2 Assessment #1-5:

1. What are the various parts of the U.S. Constitution?
The U.S. Constitution consists of seven articles and 27 amendments. The first three articles set forth the
structure and the powers of the three branches of the federal government. The fourth article requires each
state to accept other states’ laws. The fifth article tells how the Constitution may be amended or changed. The
sixth Article is the supremacy clause and states that the Constitution and U.S. laws are the supreme laws of the
land and are higher than the state laws. The seventh Article provided for the ratification of the Constitution.
The first ten amendments are the Bill of Rights, which limit the powers of the government. The Amendments
protect the rights of individual liberty and the rights of persons accused of crimes.
2. What are the components of common law?
Common law comes from when the American colonists came from England and adopted the law of England in
America. There was no written law, so judges traveled to decide cases and made decisions based on the
customs and traditions of the people. Judges shared their decisions, so they would share the same law “in
common” throughout the country. This formed the basis of common law. When court decisions were written
down, judges then referred to past cases when making their decisions. This is the doctrine of precedent. Parts
of the common law still exist today in some states’ laws even though the English common law generally eroded
in the U.S. with the passing of state statues and court decisions.
3. What are the purposes of statutory law?
 Statutory laws are created to declare a law on a particular issue or governing certain circumstances. It also may
order people to do something. Other statues forbid people from doing things.
4. How do the courts make law?
Courts make law in three ways: through the common law tradition (decisions made by the highest court of any
state become the law of that state and must be followed by other courts in that state thereafter), by
interpreting statutes (if a statute is confusing, incomplete, or unclear, it is the court’s job to figure out what the
statue means; a judge can only interpret a statue if it is involved in a dispute between two parties in a lawsuit
before that judge), and by judicial review (deciding whether laws and other government activities are consistent
with the Constitution; can be declared unconstitutional by a court if they violate the Constitution; the SC is the
final authority regarding the constitutionality of all laws and government actions).
5. Compare common law, statutory law, and agency regulations.
Common law is decisions of the early law courts developed in England, based on customs and traditions. They
are characterized by the practice of deciding cases on precedent. Statutory law is law specifically passed by a
governing body that has been created for a stated purpose. Agency regulations, or administrative law, are rules
and procedures that are established by regulatory agencies. They are made by different people, for different
reasons, but they all tell people what or what not to.