...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 John Diaz Law/421 September 22, 2014 Michael Green Functions of Law Without laws, society would be at the compassion of revolutionaries whose main job is to disturb the organized progress of a society. Laws were created to keep public safety, and it needs to be obeyed by everyone. The law is applied equally to all people to make sure no one feels left out or abused by other people. The law is very complicated and sometimes easy to break if we don't fully understand it. The law helps maintained a peaceful environment for everyone to enjoy in society. What is Functions of Law and why is it so important? Law is necessary and important because it helps society run smoothly; it gives all citizens a peace of mind knowing that there are laws in place to protect them and their rights as citizens and employees. Without it, there would be disagreements, struggle and most likely chaos everywhere. The people would live in a society of survival to look out after themselves and with no regulations in place it will create a negative effect when someone feels their rights were violated. Laws are found everywhere we go, and it is essential to understand them and most importantly to follow them. A member of Congress of the United States writes a bill, and if approved by both houses of Congress, it goes to the President for review. The President has the option to approve it or vetoes the bill. If the president approves...
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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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...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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...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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...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 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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...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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...Role and Functions of Law Role and Functions of Law Just about everywhere in the world, there are a set or rules, laws, and principles that the people in that region live by. These rules, laws, and principles are an important part of society, and ensure that the direction that particular region or area’s leader wants it to move in takes place. For example, each state within the United States operates under its own set of laws, but is at the same time, is bound to the federal laws laid out in the United States Constitution. In fact, the Constitution, can and will, take precedent over any state law. The State of New Jersey has one of the simplest court systems in the nation, with only a few basic types of courts. The court systems are the municipal courts, tax court, state superior court, an Appellate Division, and the New Jersey Supreme Court. Most citizens will come in contact with only the municipal courts, which deal with motor vehicle violations, minor criminal-type offenses, municipal ordinance offenses, and other minor offenses. The tax courts deal with exactly that, appeals of tax decisions made by County Boards of Taxation. The superior courts work with cases that involve criminal, civil, and family law cases. Typically, the superior court is called trial court, because it is the court system where trials are conducted. The appellate division is the court system that hear appeals from the tax courts and trial courts. Lastly, the New Jersey Supreme Court...
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...Role and Functions of Law Paper Your Name LAW/421 Date Instructors Name Roles and Functions of Law Law is important in the business environment; companies depend on the laws to protect their business while conducting business. These laws help enforce contractual obligations and protect them from unwarranted lawsuits from vendors, suppliers, and consumers. The concept of the functions of law in society is also critical. The nature of the law needs to be explained along with the disciplines related to law to interpret and apply the law and how the law interacts with the social norms (Raz, 1979). Firefighting in itself has many standards, regulations and laws that affect the way firefighters perform their duties, to what they wear while performing their job, to the tools they use and interaction with patients. The functions and role of law in business, society, and industry are necessary for maintaining fairness, peace, freedom, justice, and safety. Functions of role of Law in Business Small business and large companies must adhere to same rules and regulations and need legal expertise once in a while. Business law creates guidelines on what companies and businesses can and cannot do, along with certain things that must be accomplished. Business law is a comprehensive control with several fields of the functions of business (Hamel, n.d.). Business must pay taxes on the income that they earn, and the tax law determines how businesses pay taxes to...
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...Role and Functions of Law Travis Martin LAW/421 Bernice Jenkins Role and Functions of Law The successful operation of business and society depends heavy heavily upon the function and role of law. Regulating behavior in respect to the general society is the primary purpose of law. Law establishes a protection of guidelines for mankind, animals, and the environment regarding safety issues and concerns. The term “law” has a variety of meanings for defining and describing it throughout history. However, a general acceptable definition of law is a body of rules for the action, conduct, or behavior prescribed by a controlling power of authority with legal binding force (Black’s Law Dictionary, 2013). Law can also take the form of a written code arranged and prescribed by an elected legislative body of judicial decisions, and actions of government agencies. In American law, the current state of law concern itself with common characteristics that create duties, obligations, and rights reflecting acceptable views of a given society (Melvin, 2011). The following contents of this paper cover the functions and role of law in business and society. It also discusses the functions and role of business law in the automotive industry. It is important to indicate that originally, law dealt with the concern of problems and issues regarding ownership of property. Today’s modern legal doctrines deal with complex system of principles and protections for law that provides mechanisms...
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...Role and Functions of Law Paper Kelly Barnes Law 421 November 19, 2012 John Cross Role and Function of Law Paper Introduction Law has a big role in business and society. Laws help society run smoothly, by regulating social behavior. Law functions to maintain social control and protects public order by solving problems in a proper manner. Law gives the people guidelines on ethical standards and expectations, rules of conduct, procedures to enforce those rules, and ways for settling disputes. If there was not law, society would be dysfunctional and people would suffer. Cipollone v. Liggett Group, Inc Cipollone (plaintiff) was suing the Liggett Group, Inc (defendant) because he thought the cause of his mother’s death was from the hazards of smoking. Cipollone was accusing Liggett and other cigarette manufacturers for false advertising, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking (Melvin. 2011). The Liggett Group believed two federal laws, which are the Federal Cigarette Labeling and Advertising Act of 1965, and the Public Health Cigarette Smoking Act of 1969 protected them. U.S. Supreme Court ruled against Cipollone, stating that federal law preempted his claims that were relying on state law (Melvin. 2011). Functions of Law in Business Most businesses depend on external legal help, but changes in the business environment have made giving businesses the opportunity...
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...Role & Functions of Law By: David Johnson Class: LAW/421 Due Date: 06 April 2015 Instructor: Alan Williams Laws are the rules of actions prescribed by controlling authority and involving legal force. Laws create duties and obligations that reflect given views of a given society. In business and society, the law serves many roles and functions to uphold its main purpose of promoting fairness and equality. It is said that, the roles of law in business and society can be classified into three different categories. Those categories are civil and criminal law, substantive and procedural law, and public and private laws. All of these categories of law help define not only what is right but also what is wrong. Criminal law is a protection of society and where crimes committed by the public are prosecuted by governing bodies. Substantive law provides an individual with rights and creates certain duties while procedural laws provide a structure and set rules for pursuing substantive rights. If an individual intentionally harmed another citizen, substantive law would state how this is a crime. Civil law is used in business and society to compensate individuals or businesses for losses as a result of another’s misconduct. It determines the amount of damages the victim has suffered and is settled with compensation. An example of civil law would be if a person was suing their business partner for not living up to their business contract. If the partner suddenly became enraged and...
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