...Role and Functions of Law Contemporary Business Law Roles and Functions of Law Law has had a role in society since the beginning of time. The earliest example of law governing society is Adam and Eve in the Garden of Eden. They were given the law that they cannot eat of the Tree of Life or they would surely die. They did not obey the law and had to suffer the consequences accordingly. An example of early written law is Moses, and the 10 commandments. They were one of the original set of laws written in stone for society in general to follow. Laws exist in even in the most primitive of societies have laws to govern them, because it protects those in society that are not the strongest and most dominant. If we did not have any laws then we would operate under the law of the jungle – only the strongest and most dominant survive. The law serves four principal purposes, establishing standards, maintaining order, resolving disputes, and protecting liberties and rights. The law sets the minimally acceptable standards and behaviors in society. Criminal law exists because society decided that it would not tolerate certain actions against other persons or their property in society. Each society has different standards that it sets for itself, which is there is not one set of universal laws for all areas. Some semblance of order is necessary in any civil society, which is reflected in the law. When the law is enforced it provides consistent order within society’s guidelines...
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...Functions of Law LAW-421 Contemporary Business Law Tad Davis Louis Malinchak February 27, 2014 The functions and role of law in business and society is to keep corporations from exerting power over the citizens as well as implementing a balance between the use of infrastructure such as highways, railroads etc. Examples of this are laws imposed by entities such as the FDA, FCC, DOT, NTSB, and USDA keep businesses from directly or indirectly causing harm to consumers as a collective or individually. By imposing regulations on product testing before it is made available for the general public, the FDA and USDA serve to ensure that society is only furnished with quality products that by law must be safe for use and does what it expressly claims to do. The FCC maintains the integrity of media and ensures proper censorship by enforcing utilization of the rating systems in place for all media aspects such as motion pictures, television shows, web series, XM radio, AM and FM radio, and video games. The DOT, FAA, and NTSB provide the important service of regulating the use of roads, waterways, and airways, by setting up laws holding corporations accountable for safely operating machinery, securing loads, and navigating rivers and bays without posing a threat to the wellbeing of the general populace in their daily lives. There are also laws that regulate interactions between businesses such as laws against monopolies, patent laws, trademarks, and copyright laws...
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...Functions of Law J. Ryan Stewart LAW421 August 8, 2012 Functions of Law The functions and roles of law in business and society have been set forth by those who are put in a position of authority for help manage the behavior and actions of a community or organization. Merriam-Webster online defines law as “a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority” (Merriam-Webster Online, 2012). This paper will explain how this is applied in business and society and provide an example of how this author has been impacted by these laws in a professional setting. Common sense is what drives laws to be enacted. Many say that laws are common sense in official form with consequences for violating the laws. Laws serve a number of purposes in business and society. Laws regulate the actions of individuals and groups. Contradictions can exist between different levels of law. In the case of Cipollone v. Liggett Group, Inc. Liggett stated that the marketing and advertising was lawful under state law but the federal government has regulated the advertising of certain products such as tobacco and the federal law supersedes the state law regulating the same category (Melvin, 2011). The state and federal government makes laws to protect the public from potential harm which is why the federal law states that tobacco companies must disclose the harm of using their product on the package. This...
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...The way that the law fits in our businesses and our society, is also important. Laws are made to control out authority. The functions and the role of laws are to only maintain justice and keep the peace. Sadly not everyone feels the same way and they tend to break many of our laws. The roles of law in business today, are so diverse business law is actually broken into three categories. The first is Criminal and Civil Law. These laws, is like the title, they are taking care of the laws dealing with criminal or civil natures. Criminal laws are designed for individuals to be compensated because of a loss of someone else’s actions. Our society is what is protected by criminal law. Most of the violators are subject to prison, or extremely high fines. The second category would be Substantive and Procedure Laws. Substantive Laws provide people with social rights. The last category is Public and Private Laws. This category is when law is defining framework between the government and an individual. This is when private laws are being discussed and individuals are discussing outcomes and not many rules or regulations are involved. It is solely between the two parties. “Law plays a significant role in the successful operation of business and society” (Melvin,2011). Laws in business help provide rules and expectations. They help with ways of disputing issues, and allow individuals to have the freedom they need. Laws are important and complex. “Without laws, a country would...
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...Rules and Functions of Law Law 421 26 January 2015 Abstract My research paper is based off of my readings and research of the case briefing arguing the results of the law suit between Cipollone V. Liggett. This paper will provide knowledge of the case as well as answers to questions. Court ruling are very important in predicting the outcome of future similar cases, they also give inside on how the legal system develops their ---. One of the most well-known law suits against Big Tabaco manufactures was brought on by a women that had smoked tobacco in the form of cigarettes for a duration of over 42 years. In her law suit she argued that the manufactures of the cigarette companies did not accurately provide risk of smoking and promoted false ---- through ADs. After that case was aquited, Cippollone then appealed her case in the U.S Supreme Court. Based on the question on the congress’s preemption power, given the supreme courts language the preemption was narrow. The manufacture company had no intention to expose the truth about the dangerous effects of smoking Tabaco, rather they promoting the use of Tabaco as appealing and alluring therefor the consumers believed that the advertisements were true based on the companies ,,,, Neither the Tabaco company or their manufactures fell that it is their responsibility to assure the consumers of their stability of their health condition after already stating the health warning on their advertisements. The Supreme Court does...
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...Section 300 of the Penal Code Section 300 of the Penal Code mainly lays down the elements that need to be proved upon the conviction of murder by the accused. In this section, it provides 4 clauses as can be seen below : (a) Killing with the intent to kill (b) The accused intended to inflict bodily injury on the victim and knows that death is likely the result of the bodily injury. ( It combines both the elements contained in the second and third limbs of s 299, that is the intention to inflict a bodily injury and knowledge that death is likely as a result of this act) (c) the accused has intentionally inflicted a bodily injury that was sufficient in the ordinary course of nature to cause death of a person of the similar size, age and sex even though the accused did not intend or foresee death as a result of the injury inflicted. (d) It requires proof that the accused knew that the act was so imminently dangerous that it must in all probability cause death as well as the accused knew the act was so imminently dangerous that it must in all probability cause a bodily injury that was likely to cause death. s 299 of the Penal Code can be understood by looking at its different limbs. By looking at its first limb, it states that whoever who have committed the act of murder, should actually have carried out the act with the intention of causing death. This is very similar to that of s 300(a) that both this limb as well as s 300(a) emphasis the intention of the accused in carrying...
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...Law plays a very large role in the operation of business in society. Laws give us rules of conduct and ethical standards that regulate social behavior. The term law is defined as “ a body of rules of action or conduct prescribed by controlling authority and having legal binding force”(Melvin 2011). The purposes of law on a day-to-day basis is to provide for some system of order that defines crimes and levies punishment for violation of the crimes, there are many other purposes of recognizing a uniform system of laws. The legal system in the United States is very complicated, but can be broken into different categories such as: statutes, constitutions, administrative decisions and regulations to name a few. Terms you may hear in business and society are: constitutional, common law and administrative law. Constitutional law is the foundation for all other laws in the United States and is the supreme law of the land. It works in tandem with other sources of law in three broad areas: 1. establishing structure for federal and state governments and rules for amending the constitution, 2. Granting specific power for different branches of government and 3. Providing procedural protections for U.S. citizens from government actions. Common law is law made by courts, which is based on fundamentals of previous cases. It is not passed by legislature. Common law is made up of principles of law based on a just resolution of disputes between parties. Business managers and owners should know...
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...In today’s business environment there are rules set in place to control behavior. When behavior is broken then there are consequences. It is the same type of system with federal and state laws and rules. This paper will compare and contrast those types of laws. According to Halbert & Halbert (2012) we can identify its (laws) purposes: law both sets behavioral standards and sets up a system for compliance with them. By following this theory business, state, and federal laws monitor all behavior set within an organization. There has to be an understanding of law by learning it, common knowledge, upbringing, and from society as a whole understanding the consequences of its actions. State and Federal courts have very different structures. According to "United States Courts" (2014), " The state court system use the Constitution and laws of each state to establish the state court with the Supreme Court being the highest court, state courts have courts that handle specific matters, if a decision is made and the parties are dissatisfied they may take their case to the Court of Appeals, parties have the option to ask the highest state court to hear the case, only certain cases are eligible for review by U.S. Supreme Court. The Federal Court System invest the judicial power of the United States in the federal court meaning it specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. Congress has used this power to establish...
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...Laws are a very important key factor to business’s and society, especially in this day in age. Laws establish standards, maintain order, resolve disputes and protect liberties as well as rights. In a business field they provide companies with rules of conduct, protect them from negligence as well as fraud and enforce ethical standards. What are laws exactly? According to dictionary.com, laws are “a system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by imposition of penalties.” Laws are often viewed as ethical practices that are just enforced, especially in the business environment. (Lorenzo.2007). They are used to protect businesses, promote growth with the company and economically and also checks and balances for the government so that companies have some sort of freedom. The roles of law in businesses are divided by Criminal and Civil Law, Substantive and Procedural Law, and Private and Public Law. (Diak.2009) Criminal laws results in the legal punishment when a criminal act has been performed and are used in order to protect the society while Civil Law disputes cases between companies or individuals; private parties. If any one indulges in any criminal acts in a business or in society, they are held responsible and would have to face the consequences. In a business corporation, one would not want to get caught in any criminal acts, even though it still gets done sometimes, knowing that it could tarnish...
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...Roles and Functions of Law Paper Cheryl Swallow University of Phoenix In business, there are several different rules and regulations that apply to the various types of business based on the classifications. Depending on the work that one does, the laws that affect everyone apply in different forms to different businesses. The functions and the role of the law as it relates to business is unique and can be quite complicated. In defining and analyzing the roles of law as it pertains to one’s business or work industry, they will be able to fully understand the role of law and the ways in which it works and why. The definition of the law is a writing or practice that serves the purpose and function of maintaining society. This can be applied across any part of the law and demonstrates that different businesses have different laws that pertain to them and match itself with the functions of that business. There are several functions of business law too. Some of these functions include: protecting the rights of the parties involved, maintaining order, resolving disputes, creating standards, employer and employee relations, and even taxation. Every form of law can be used in different businesses based on the different types of needs that the business has. This is determined by looking at the type of business and the different industry that the company relates with. My personal company that I work for is the Jefferson County Public Health Department. Since I work for a type of...
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...and Functions of Law Snell, Randy LAW/421 February 17, 2015 Donnie McGilbra Role and Functions of Law Laws play an important role in both the business world and society. Without a complete system of laws, society would not function efficiently and commerce would likely fail. In order to have a successful operation of both business and society, it is crucial to have laws in place to govern the actions of people and businesses. If laws are broken, those who break them should be held accountable for his or her crime against society. Those who follow the law seek justice and want those who violate the law to be punished. The individuals who follow the law are rewarded through not being punished. Laws regulate each individual’s behavior and ensure the rule of conduct is followed. In addition, laws establish ethical standards and set expectations for individuals or groups within the community (Melvin, 2011). Communities across the county have different definition of standards and what acceptable for their community. Some communities allow medicinal marijuana and others do not. Some communities allow gambling and others do not. Even though laws may appear to be complicated, the United States legal system is actually quite simple, detailed, and well structured (Melvin, 2011). There are many functions of law, mainly laws are used to ensure the safety of people, settling disputes, and maintaining order within a society as well as in the business world. Other functions of law include...
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...Role and Functions of Law LAW/421 November 3, 2014 Role and Functions of Law “Law plays a significant role in the successful operation of business and society” (Bushman, 2007). Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws, better known as public laws, provide a clear set of rules for citizens to follow. What is Law? According to Melvin, law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). The main purpose of law is to govern a society and to control the behavior of individuals. Law can be viewed as a form of social control as it establishes rules and regulations. Role and Function of Law in Business Law rules every phase of business. All businesses rely on law to protect their business from lawsuits brought by consumers, vendors, suppliers, and employees. Business law details what a company can and cannot do as well as certain things that must be done. There are laws that control taxation, competition, intellectual property, employment, and environmental concerns (Bushman, 2012). The law affects how business is formed and structured. Employment laws protect individuals and employers as it defines ways to handle conflicts, provide fair platforms to conduct business, and ensure equal opportunity. For example, the law states the businesses must provide equal opportunity to potential employees during the hiring process. An...
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...The Role and Function of Law Paul Mullen LAW/421 July 30, 2015 Ms. Machelle Thompson JD The Role and Function of Law Law has both vital functions in society and an essential role in business. In American society, governments create law to enable individuals to live freely and with fairness. It functions as a catalyst for civilized living. In American business, laws provide a basis for fair trade and commerce and allow structured business relations. American government creates laws to resolve domestic and foreign legal disputes both public and private. In the marketing industry, law plays a pivotal role in regulating both civil and criminal liability to consumers. In both society and business, law serves both essential functions and an important role. The function of law in American society is to provide individuals with the legal ability to live their lives with fairness and equality. By having a central controlling authority, such as local, state, and federal government, individuals have a specific pre-determined set of agreed-upon rights, responsibilities, and consequences (Melvin, 2011). These pre-determined agreed-upon rights, responsibilities, and consequences include the structure of government, the powers entrusted to government, and the rights of individuals within that government. Three examples of an individual’s governing law within American society are constitutional law, statutory law, and common law. Government constantly monitors...
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...Role and Functions of Law Law/421 May 19, 2014 Role and Functions of Law This paper will discuss the functions and role of law in business and society. It will explain the functions and role of law in my past job as a Border Patrol Agent. According to Melvin, “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (pg. 4). In essence, the law functions as a set of rules for both society and business. By creating a framework of rules or laws within business it helps to level the playing field, keeping the market competitive and fair. Within a society, it helps to keep people baser instincts in check by creating rules with consequences. It does this by creating rules of conduct and a way to settle disputes among individuals and business. This can be applied by written law and common law. Common law means the rules that are taught to use by our family members and people who were placed in a position of authority over us. Law also helps to keep the Government and itself in check, with built in checks and balances. According to Melvin “Modern law in the United States regulating businesses and individuals is a combination of constitutional law, statutory law, common law, and administrative law at the federal, state, and local levels. These sources are known as primary sources of law and will sometimes work in conjunction with each other or independently” (Pg. 8). Within the United States, the Constitution forms the...
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...Role and Functions of Law . LAW/421 August 21, 2012 Role and Functions of Law In today's business and society, we, leave by rules and regulations, laws that we are all required to follow. From children to elderly, small to large organization and society there are laws in place. Law plays an important role in business and society, it impacts various faucets of our everyday life. The term has been defined in different ways ever since it was recorded. According to Sean P. Melvin, Author of The Legal Environment of Business 2011, a generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority, and have legal binding force. He said when studying law in any context, it is important to think of the law in broad terms (S. P. Melvin, 2011). Law have many sources, the usual characteristic is it creates obligation, rights, and duties that are an accepted views in a society. It is important to understand that the law provides a vehicle to fix problem arising from those obligation and duties that enable parties enforce promises in a court of law (S. P. Melvin, 2011). The functions and role of law in a business and society is very important, it plays a big role in its operation. Without the laws that regulate the businesses, the people, and society, it will not function properly and effectively, it may even fall. It is important for the businesses and its society to understand the various areas of the law and how it...
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