...Discuss the extent to which judges do create and develop the law. Nowadays, law is not strange with all people. Similarly, almost people know the importance of judges. However not at all people can understand clearly how judge impact on creating and develop law. The purpose of this essay is providing some clear information and helping some people recognize the role of judges. To understand the role of judge, people should know who judges are or what they do. Firstly, judges are people who supervise a court of law. Exactly, the role of a judge depends on what country that judge works in, and what kind of court they preside over. Judges must be fair and honest. They must make decisions and give guidance based on the most authentic to the law, even if he or she does not personally agree. Because of this, the job of a judge is very important (Kagan, 2010). Next topic is the role of judges in creating law. With the assumption that the positive law has limits and sometimes the judges are supposed to expand its borders, people must understand what a positive law is, why it has limits and why and how a judge can change the and expand the law when it is necessary. The positive law mean the law that is sanctioned by the Parliament and Legislature, produced by legitimate and democratically elected representatives, systematized and accepted by the society. In democratic societies and countries, this law is a result of the work of elected officials and it reflects the political and...
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...Role and Functions of Law Paper Definition of Law According to S.P. Melvin (2011) law is defined “A generally accepted generic definition of the law is a body of rules of action or conduct prescribedby controlling authority, and having legal binding force.” So laws are there to help the group as whole decide what acceptable behavior is, give punishments when needed and help settle disputes to help create a function and productive society. We as a whole create laws to protect our family and property. Some laws are based upon the idea of the time. Such as if I was born within the early 1800 in America I would have been thought of as less of a human and even considered property as stated by the laws of the time. When the people realized what was going on and thought of it as wrong they created a new law to abolish it. So this is an example of how laws are not always for the good of the community as a whole.What the law try to provide and what is actually does are sometimes not the same thing. The function of law is to give people set rules to try and appease everyone but sometimes the laws disassociate some parts of the society such as slavery and separate but equal laws. Then there is times when laws go against each other as in the case with Cipollone v. Liggett Group, Inc. In this case “Cipollone brought suit againstLiggett for violation of several New Jersey consumerprotection statutes alleging that Liggett (and othercigarette manufacturers) were liable for his mother’sdeath...
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...Law Opinion CJA/224 June 6, State and Federal Court System There are two kinds of courts within the United States; those courts are state and federal courts. The establishments of state and federal courts are local and state courts are established by the state. Federal courts are established by the U. S. Constitution. This established court decides arguments that involve the constitutional laws. State courts have a broaden jurisdiction, those cases are most likely to involve robberies, traffic violations and family disputes and those cases are normally held in state court. The Constitution of the United States (U.S.) has established a system in which the federal government will have limited power and all remaining power will be the decision states. This is proof of powers being shared that defines an interaction among the federal and state courts (Fine). The U.S. judicial system composed multiple autonomous courts, an integrated system that is worked into various geographic units and levels of hierarchy. With that on mind every state will have a court system with systems of local courts that will abide within the state. According to (Fine) both federal and state court structures will have the U.S. Supreme Court as the final arbiter of federal law, as the highest court of every state is called the Supreme Court; and the Supreme Court will have the power to interpret the matters of the law of that state. The criminal laws of the U.S. are a sound productivity of...
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...The importance of marketing in Law Firms Introduction The importance of good and accurate marketing in the legal industry is growing as a response to the high competition among the industry and because of the innovations in technology. In the past, the common marketing practice among law firms to publicize their business and services depended exclusively on word of mouth. Over the years and due to the wide offering and competition among law firms, the above has radically changed and lawyers and law firms are now taking a more aggressive and proactive approach to market their firms and shopping their services within the market. Why should a law firm focus on efficient marketing strategies? Due to the fact that today lawyers live in a very competitive market place and clients are sophisticated, demanding and price sensitive, lawyers and law firms need to spend a great portion of their budget and time to think and determine the best way to provide upscale offering and services in order to get a competitive advantage and a wider market share. Creating value and offer a differentiated service and product are key factors for the law firms in order to get hired by clients. Every person that is part of the law firm should strive to offer a premium service sometimes in detriment of quantity. Since clients are price sensitive, having a better product than competitors create value and a competitive advantage for the law firm. Law firms should be selective when choosing work and clients...
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...Teacher’s Guide Anatomy of the Constitution Time Needed: One class period Materials Needed: Student worksheets Copy Instructions: Preamble Activity Half Sheet (class set, divided) Student packet (three pages double-sided; class set) Preamble (Transparency) Whose Job Is It? (Transparency) Foldable Activity (class set) Learning Objectives. Students will be able to: explain the structure, function, and powers of the U.S. government as established in the Constitution identify the roles of the three branches of government describe the constitutional amendment process interpret the intentions of the Preamble of the Constitution. STEP BY STEP 1) ANTICIPATE by asking students where the government gets it’s instructions. How does Congress, the President, or federal judges know what to do? Give students a moment to think, then randomly call on students to share their thoughts. 2) DISTRIBUTE one reading packet to each student. 3) READ through the first two paragraphs on page one with the class. 4) DISPLAY the transparency, Breaking it Down: The Preamble and explain the statement, phrase by phrase. The students should add the annotations to their reading. Also note that people living in the 1700s had different rules about capitalization than we do today. 5) READ the rest of page one, continuing through page three with the class. Explain that you will go into greater detail on the amendment process on the next page. 6) READ the information about the amendment process...
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...Verain Vasudeva PHIL17545G March 30, 2014 Professor Mark Reitsma Should Laws Reflect Indirect Harm? Laws reflect the moral code of the majority within a society. Therefore, the majority within a society depict if a law should be reflective of an indirect harm. Indirect harm is “an action which itself did not harm, but may promote or eventually lead to harm”(Reitsma, Liberty and its Limits: Extent of Freedom), it may have no correlation to leading towards harm. John E. Mills indicated “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others” (Heydt), but lawmakers perceive it justifiable to create laws that are reflective of indirect harm. Laws against Prostitution and drug’s are reflective of indirect harm. If ones using drugs or is a prostitute is not directly harming others in society. Even though laws that reflect indirect harm are to prevent harm from happing, indirect harm should not be considered whilst making laws because they tend to restrict one's freedoms & liberties and there is no substantial evidence that indirect harm leads to harm. Laws tend to create restrictions upon individuals of the society. People are overwhelmed by the pressures of these restrictions and cannot express their freedoms & liberates. Firstly, if one is a distinguish as a criminal under indirect harm laws they will be condemned by society when they have not harmed any individual in...
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...the memo is to help management focus on three areas of improvement: - Impact of Managements Behavior on Productivity - Managers Following/Upholding Employment Laws - Workplace Diversity It is very important as a manager to be weary of his or her own expression of behavior because of the impact that behavior can have on the productivity of his or her workers. The productivity of the organization and the quality of work is vital to the organizations operation. The behaviors expressed by supervisors can have both a positive and negative impact on the following areas of his or her employees: productivity, efficiency, morale and motivation. It is important for managers to keep in mind that employees analyze and watch the decision and actions of management. When managers exemplify negative behavior, it affects the subordinated by decreasing morality and creating an unhealthy working environment. When coworkers morality is low because of the negative behavior of management that affects the coworkers dedication and direction, which leads to poor performances of employees and ultimately poor productivity. When manager exemplify positive behavior, it increase the morality of the employees and creates a healthy working environment. The positive behavior of management creates a viable working environment that is conducive to high productivity. Therefore, it is very important for management’s behaviors to model a positive attributes that would have...
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...be enforceable by law. An agreement is an offer and its acceptance. An agreement which can be enforceable by law must have some essential elements. According to the constitution,All agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. A contract must have the following elements. 1. Intention to create legal relationship. 2. Lawful object 3. Agreement not expressly declared void 4. Proper offer and it s acceptance 5. Free Consent 6. Capacity of parties to contract 7. Certainty of meaning. 8. Possibility of performance. 9. Lawful consideration 10. Legal formalities Intention to create legal relationship: The parties entering into a contract must have an intention to create a legal relationship. If there is no intention to create a legal relationship, that agreement cannot be treated as a valid contract. Generally there is no intention to create a legal relationship in social and domestic agreements. Invitation for lunch does not create a legal relationship. Certain agreements and obligation between father and daughter, mother and son and husband and wife does not create a legal relationship. An agreement wherein it is clearly mentioned that "This agreement is not intended to create formal or legal agreement and shall not be subject to legal jurisdiction in the law of courts." cannot...
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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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...International Legal and Ethical Issues Contemporary Business Law-LAW/421 Dina Centifanti Gledhill May 28, 2012 International trade is important and beneficial to business. However international trade must be guided with a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations. Resolving legal disputes Business internationally, enviably creates change in legislation, interest conflict, and rise of ethical dilemmas. When international business arises, business owners, and management must use precaution to avoid ethical, legal, and cultural issues. Business must prepare for the unexpected to ensure success. Often conducting foreign business requires the parties to set standard law, determine how to settle disputes, and define contract clause to determine the correct business decision applicable through contracts. Foreign businesses commonly use contracts for the international sale of goods as standard law. “Contracts for the international sale of goods was created by the U.N. Commission on International Trade Law to establish uniform rules for drafting certain international...
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...by the king; and for law which is based upon Christian virtues and the common good. After laying out each of Thomas Aquinas’s arguments, I plan to discuss how a rule by many is the best form of rule, law is created for order and, sometimes, the interest of the legislator, and how the common good does not exist. First, Aquinas claims that a community is best ruled by a king. The first reason he gives for this is that a king creates unity and a government less susceptible to faction. Aquinas...
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...discretion and uncertainty. It acts as a supplement to the common law. Such as: Land Law, Contract Law, and Tort. Equity developed due to the lack of remedies and non-fulfillment of the common law and it could be said that equity came after the birth of common law to correct the strictness and harshness of common law. Lord Chancellor who introduced the new system of justice called “Equity” in the famous case of Earl of Oxford’s Case [1615] . In that case Lord Chancellor held that, “men’s actions...
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...David’s Case In advising if a legally enforceable contract exists between Sam and David, I would first consider the requirements of forming a valid contract. Formation of a valid contract requires six pre-requisites all of which must exist in order for a valid contract to exist. Intention to Create Legal Relations From an objective perspective it can be seen that a reasonable person in Sam’s position would not have had the intention to create legal relations with David. Although this may have been undertaken as a business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will bind the offeror as soon as it is accepted by the offeree”[3] It can be seen here that Sam had made the offer to David at the end of the phone conversation. The offer met the required rules as set out in Latimer[4] such as the offer being communicated directly to David as well as being made obvious that it was an offer and not an invitation to treat. David had then accepted the offer the following week when he rang Sam to organise the internet connection. The...
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...the correct rule to apply to the acceptance of an offer at the time it was created, but in an age of electronic communications it should be abolished.” Discuss. * With reference to the postal rule, critically assess the way in which literature and history can shed light on a principle of law. * The postal rule may have made a lot of sense at the time it was first articulated but it is not suited to modern forms of communication. Discuss. Intention to create legal relations * “The requirement that parties ‘intend to create legal relations’ is an outdated, unjust and unnecessary element of the law of contract formation.” Discuss. * Explain the test or tests that have been used to distinguish between: (1) an invitation to treat and an offer and (2) a counter offer and a request for further information. * “The law on the requirement of intention to create legal relations involves a rather crude division of agreements into two. More recent cases show a willingness to take a more holistic approach.” Discuss. * “English contract law has too many doctrines chasing too few functions.” Discuss with reference to the requirements of consideration and intention to create legal relations. Consideration + Promissory Estoppel...
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...Business-DBID2 1501A) Module : Introduction to Business Law Name : FIN : Lecture : M. Lukshumayeh Due date: 18th June 2015 Table of Contents: 0 Introduction.......................................................................................1 1.1 what is a contract ？...................................................................1 1.2 The difference between an agreement and a contract ................1 1.3 The elements of a valid contract..........................................2 2.1 Offer...................................................................................................2 2.1.1 The definition of an offer .......................................................2 2.1.2 Two types of offer.................................................................2 2.1.3 Rules relating to offer ..........................................................3 2.1.4 An offer distinguished from an "invitation to treat".............3 2.2 Acceptance.......................................................................................3 2.2.1 The concept of acceptance ...................................................3 2.2.2 Rules relating to the acceptance............................................4 2.3 Intention to create legal relations........................................................4 2.3.1 what is called “ Intention to create legal relations”..................4 2.3.2 Two...
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