CHAPTER 1: LAW: PURPOSES AND SOURCES

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CHAPTER 1 LAW PURPOSES AND SOURCES
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CHAPTER 1 LAW PURPOSES AND SOURCES

• Learning Objectives
• Definitions and Classifications of Law
• Sources of Law
• Case Law Role of Precedent and
• Conflict of Law
• Jurisprudence
• Ethics
• Law and Ethics

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INTRODUCTION TO LAW

• Definitions of Law
• Classification of Law
• Substantive and Procedural
• Public and Private
• Civil and Criminal
• Other?

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SOURCES OF LAW

1. Constitution forms government, establishes
   rights and duties
2. Legislation created by Congress and state
   legislatures signed by executive
3. Judicial Decisions (court cases) either
   interprets legislation or creates common law
4. Regulations (from administrative agencies)

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CASE LAW PRINCIPLES

• Stare Decisis
• Role of precedent
• Advantages of stare decisis
• Challenges associated with case law system
• Rejecting Precedent
• Why is this a positive attribute?
• What are detriments of rejecting precedent?

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CONFLICT OF LAWS

• State substantive laws in conflict
• Determine law of which state applies

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LAW AND ETHICS (I)

• Jurisprudence
• Definition Philosophy of Law
• Principal Schools
• Ethics
• Role of Morality
• Systems of Individual Ethics

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LAW AND ETHICS (II)

• Interrelationship Between Law and Ethics
• Consider the Delio case
• What are the facts?
• What is the ethical thing to do?
• What did the court do?
• Was the legal ruling in line with proper
  ethical conduct?
• What values did the ruling advance?

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CHAPTER 1 LAW PURPOSES AND SOURCES