| 2024 Version
What are the 4 sources of the American Law?
Where do they come from? - ✔✔1) US constitution: supreme law.
2) STATUATORY LAW: aka black letter law. statutes or laws passed by Congress/legislatures. we know the
consequences of breaking them.
3) CASE LAW: aka common law. court decisions.
4)ADMINISTRATIVE LAW: regulations created by regulatory agencies, micromanage specific areas.
which source of law is Supreme? - ✔✔US constituion
What is law? - ✔✔**set of rules we all have to abide by**
-laws need to be flexible-society changes.
What is stare decisis? - ✔✔let the decision stand, Stand on decided cases
What are the branches of government and what do they do? - ✔✔Executive - carries out laws (president,
cabinet, vice-president)
Legislative - makes laws (Congress --> House, Senate)
Judicial - evaluates/interprets laws (Supreme Court, Circuit Courts, District Courts) **vehicle for
change!!*
Describe how law and ethics differ - ✔✔-What is the morally right thing to do?
-LEGAL does not equal ETHICAL
Perfectly legal doenst mean perfectly ethical.
Citizens United v. Federal Election Comm. (2010)
, Why is it so controversial? - ✔✔-Unlimited spending: spend as much money as they want for
campaigning and elections (used to be a cap, now there is none)
~first amendment: free speech
The Queen v. Dudley and Stephens (1884) - ✔✔was there a defense of the necessity? Ship wreck kill the
cabin boy to save 3 lifes. Sentence was brought down to 6 months instead of death
False Claims Act / Whistleblower Statute - ✔✔Under the False Claims Act, private parties can sue
companies for fraud on behalf of the government.
Couto worked for Bayer as an executive and disclosed that Bayer kept $97 million from Medicaid by
using a discounted private labeling program for Kaiser and other health companies, when they
threatened to buy Cipro elsewhere.
Bayer did not give the same discount price to the government.
Couto, age 39, blew the whistle on Bayer and died of pancreatic cancer 3 months prior to the settlement.
His estate was awarded $34 million, which went to his 3 children.
Utilitarianism - ✔✔greater good for society
Duty Based Ethics - ✔✔Deontological (duty-based) ethics are concerned with what people do, not with
the consequences of their actions.
Do the right thing.
Do it because it's the right thing to do.
Don't do wrong things.
Avoid them because they are wrong.
Under this form of ethics you can't justify an action by showing that it produced good consequences,
which is why it's sometimes called 'non-Consequentialist'
Grimshaw V. Ford Motor co. - ✔✔Ford was aware of defects in the Pinto, however, they used a cost-
benefit analysis to decide whether to recall the Pinto and fix the defects. It was cheaper to allow drivers
to crash and burn. Cheaper to let people die