Law Chap1

CHAPTER 1
INTRODUCTION
T O L AW
LEARNING OBJECTIVES
• Define law.
• Explain why we have laws.
• List four sources of law.
• Distinguish law and ethics.
W H AT I S L AW ?
Blackstone’s definition:
“Law is a rule of civil
conduct, commanding what
is right and prohibiting
what is wrong.”
Are all rules of civil conduct laws?
Many rules of civil conduct commend what is right and condemn

what is wrong, but rules are not necessarily laws.
A law is a rule that prescribes certain conduct and is enacted and

enforced by a government.
B U S I N E S S L AW
• Business law is concerned

with what is right or wrong
regarding business
transactions.
• The law is also concerned

with establishing a
framework in which society
can operate as smoothly as
possible to avoid disputes.
Why we have laws?
Society is very complex. Disputes may arise when we participate in

any activities, such as: making a purchase, starting a business,
traveling, renting an apartment,…
Laws help us to:

 avoid disputes;
 peacefully resolve disputes;
 establish a stable framework to keep society operating as smoothly
as possible.
ROOTS OF OUR LEGAL SYSTEM
• English, French, and Spanish influences.

• Mostly from English because the 13 original colonies
were English.
• We get our common law and equity concepts from
English law.
13
AMERICAN
COLONIES
C O M M O N L AW
• Common law - customs that gradually became law.

• When a dispute came before a judge, the court prescribed
a rule of its own based on the customs of the time. Over
a period of several centuries, these court decisions
developed into a body of law. Colonists brought this
concept of law to America from England.
I N T R O D U C T I O N T O T H E S O U R C E O F L AW
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Common Law Civil Law
Historical Common law developed in England Civil law, on the other hand, developed
Development during the Middle Ages and has spread in Continental Europe, particularly in
to many countries that were once part the Roman Empire. 10
of the British Empire, including the
United States, Canada, Australia, and
India.
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Sources of Law The primary sources of law are statutes, The primary sources of law are codes
judicial decisions made by judges in and statutes created by the legislature,
past cases, known as case law or and legal scholars’ writings.
precedent, and the constitution
Role of Judges Judges play an active role in Judges play a more passive role, as they
interpreting and applying the law to the are expected to strictly apply the law as
facts of a case. They rely on precedent written in the codes and statutes.
and past decisions to guide their
decision-making
I N T R O D U C T I O N T O T H E S O U R C E O F I P L AW
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Common Law Civil Law
Legal Common law countries rely on an The legal system is often
Procedure adversarial legal system, where two inquisitorial, where judges play a
opposing parties present their more active role in questioning
arguments and evidence to a judge or witnesses and gathering evidence.
jury.
11
Emphasis on Common law relies heavily on case In civil law countries, the law is
Written Law law and the decisions made by judges, heavily codified, meaning that there
which are not always codified. is a strong emphasis on written law,
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statutes and codes.
Role of Lawyers play a significant role in the Lawyers are more often seen as legal
Lawyers legal system, representing clients and advisers and consultants who
presenting arguments in court. provide advice to clients outside of
the courtroom.
S O U R C E S O F L AW
Constitutions Statutes
• Federal, State • Federal, State,
• Bill of Rights Local
• Codes
Judicial
decisions Administrative
• Precedents: Stare agency orders
decisis
Constitutions
• Document that contains fundamental principles of a
government.
• Constitutions include federal constitution and state
constitutions.
• The U.S. Constitution is the supreme law of the land.
State constitutions, as well as all other laws, must agree
with the U.S. Constitution.
• Bill of Rights is first ten amendments U.S. Constitution
Statutes
• Law enacted by legislative bodies, federal Congress,
state legislatures, and local councils.
• Codes is collection of laws, rules, or regulations.
• In the field of business law, the most important statute
is the Uniform Commercial Code (UCC).
Judicial decisions
• Precedent is court decision that determines the decision
in a subsequent, similar case.
• Stare Decisis is principle that a court decision controls
the decision of a similar future case.
• For legal stability, courts must generally adhere to the
judicial precedents set by earlier decisions.
• However, changing situations or practices sometimes
make it necessary for the previous case law to be
overturned and a new rule or practice to be established.
Administrative agency orders

• Governmental board or commission with authority to
regulate matters or implement laws.
S E PA R AT I O N O F P O W E R S
VIETNAM
VIETNAMESE
L AW
DEFINITION OF ETHIC
Ethics are principles that determine the morality of conduct,

its motives, and its duties.
BASES FOR
ETHICAL JUDGMENT
• Personal values coming from:

• Religious beliefs
• Individual experiences
• Cultural background
• Scientific knowledge
• Because all people had differing
backgrounds, judgments as to what
is right and wrong vary.
ETHICAL PRINCIPLES
Seriousness of consequences
Laws do not reflect everything we believe about right or wrong; less serious
matters are not addressed.
Consensus of majority
Laws can’t possibly reflect every individual’s concept of right or wrong. The
laws are designed to reflect the ethical view of the majority.
Change in ethical standards

Ethical standards change over time.
BUSINESS ETHIC
Legally Enforceable
A number of professions have codes of ethics, usually called codes of
professional responsibility, which when violated provide the basis for penalties
against members of the profession. For example, the American Bar Association
has produced a model code and model rules for ethical behavior by lawyers.
Although these particular models have not been adopted by every state, each
state has adopted an ethical code for lawyers. A violation of the ethical code
subjects a lawyer to discipline, including suspension from practicing law or
even disbarment.
BUSINESS ETHIC
Voluntary
Some businesses have adopted codes of ethics as guides for individuals
employed in these businesses. Because government has not imposed the
codes, they do not carry legal penalties for violation. However, employees
who violate ethical codes subject themselves to discipline by their
employers. The codes recognize that ethical business conduct is a higher
standard than that required by law and encourage behavior that is fair,
honest, and, if disclosed, not embarrassing to the individual or the business.

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CHAPTER 1

Many rules of civil conduct commend what is right and condemn

A law is a rule that prescribes certain conduct and is enacted and

• Business law is concerned

• The law is also concerned

Society is very complex. Disputes may arise when we participate in

Laws help us to:

• English, French, and Spanish influences.

• Common law - customs that gradually became law.

Administrative agency orders

Ethics are principles that determine the morality of conduct,

• Personal values coming from:

Change in ethical standards

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