BUS 018 Lecture Notes - Lecture 22: American Law Institute, Precedent, Private Law

• School: College of The Sequoias
• Department: Business (BUS)
• Course: BUS 018
• Professor: Baiza

Document Summary

Common law often codified by statutory law. Common law ever evolving and changing, but lags societal changes. Restatements of the law: american law institute, summarizes the common law of most states. Civil: private law governs private conduct purpose of preventing harm to other. Criminal: public law governs conduct for purpose of preventing harm to society. Purpose to protect society as a whole. Conduct deemed a wrong against society as a whole, not to ensure justice for any specific individual. Substantive creates legal rights and obligations. Procedural creates the legal steps required to enforce substantive law. Stare decisis judges rendering decisions based on precedent. Whether an action is fair, right or just. Whether conduct is ethical determined by application of moral and ethical principles to a factual circumstance. Personal choice/decision of what to be ethical about. Text suggests legal compliance is the moral minimum": but can compliance with the law be unethical, not to propose ethics.