The Role and Function of Law

In: Business and Management

Submitted By Syns8tional
Words 747
Pages 3
The Role and Functions of Law
Alice Richardson
ETH/321
January 11, 2015
Laurie Wicker

The Role and Functions of Law
Michigan Court Structure vs Federal Court
State courts are established by a state and Federal courts are established under the US constitution, they are defined mainly by jurisdiction. The court structures in the state of Michigan and the Federal Courts structure are almost the same. The Supreme Court is the highest for both the state and Federal Courts, and right below that is the court of appeals. Next is where the difference begins, the state of Michigan lower courts consist District Court, Probate Court and Municipal Court -if a case in one of these courts leads to a jury trial it is the moved to a higher court, which is the Circuit Court (Court Statistics Project). Then there is the Court of Claims which is the same level as the Circuit Court, the only difference is that the Court of Claims do not handle jury trials. In the Federal Courts right below the Court of Appeal is the U.S. District Courts (i.e. Bankruptcy Courts, U.S. Court of International Trade, U.S. Court of Federal Claims) and then Military Courts (American Government, 2008-2014).
Judicial Review
The concept of judicial review is to decide whether actions of the executive and legislative branch are legal under the Constitution. Judicial review is important in the US government because it serves as a check on the other branches of government. The Supreme Court also has used judicial review to order federal, state, and local officials to refrain from behaving unconstitutionally.
How laws or regulations affect mortgage industry

I currently work in the banking mortgage industry. The home loan industry now has to adapt to new mortgage rules that offer borrowers much needed protection against lender abuses and reckless lending standards.The mortgage market crash of 2008 led…...

Similar Documents

Role and Functions of Law Paper

...Role and Functions of Law Juanita Lexvold LAW/421 June 3rd, 2013 Walter M Pence 111 Role and Functions of Law This paper will discuss the functions and role of law in business and society. It will discuss the functions and role of law in a past job. To accomplish this task I have researched three references from my reading. Define the functions and role of law in business and society. According to Melvin, 2011, “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.” The function and role of law is for social justice, personal freedom, and to maintain peace. Law functions to protect public order and maintain social control by resolving disputes in a peaceful manner. According to Czaja, 2013, “Laws also facilitate orderly change by spelling out acceptable processes for instituting change. Constitutional laws outline what governments can and cannot do.” Roles of law are classified in three areas, civil and criminal laws, substantive and procedural laws, and public and private laws. Civil laws are designed to compensate both society and business for losses or damages as a result of another’s conduct (Melvin, 2011). According to Melvin, 2011, “Criminal laws are for the protection of both society and business. Violation of criminal laws can result in the form of penalties such as fines or imprisonment, or both. Substantive laws provide individuals with rights and create certain duties while procedural laws......

Words: 903 - Pages: 4

Contemporary Law Role and Functions

...Role and Functions of Law Paper LAW/421 Abstract The principle objective of this paper is to define the functions and role of law in business and society. Society thrives when introduced to structure and organization; the function of law is executing a level of control with supreme authority. Laws are in place to protect the rights of citizens, residents, employees, and employers alike; compliance with laws and regulations ensure continuous business performance and reduce the likelihood of workplace incidents and lawsuits. The aim of the government is to establish and enforce laws that protect the people within the country from crimes that cause harm or attack civil liberties, enforce rules that maintain safe and productive social order, and to ultimately protect and serve the people and businesses within the nation so they are allowed the opportunity to thrive. Role and Functions of Law Paper Law is defined as, “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.” (Melvin, 2011) Laws are the essential group of rules and regulations to which every society is bound. Individuals and businesses alike must abide by these laws or suffer the consequences of conducting any type of business or behavior outside of them. Many individuals believe laws to be restrictive and unjust; those who think this way must take a deeper look into a society attempting to function without the structure of laws. “To see man without law...

Words: 1273 - Pages: 6

Role and Function of Law

...Role and Functions of Law LAW/421 June 27, 2013 Role and Functions of Law The law of the land to some may seem unfair and unjust. Surely there are those that think that wearing a seatbelt should be a choice and not a law. However the law in fact is put in place not only to correct criminal, or dishonest behavior, but also to protect. In today’s society often times the cure for any type of wrong doing is to sue; it seems that people use suing as a means of getting what they oftentimes feel is monetarily due to them for any type of discomfort or injustice. In the business world tough decisions regarding employment regulatory compliance, even interoffice regulations are decided on every day. The Law in Business In the business world the law often times has precedence on how some companies operate. For example, if a company produces paint by law it cannot dump toxic chemicals into the environment without suffering stiff federal penalties. As a business owner typically there is a vast knowledge of whatever the business specializes in, therefore there can often be oversights regarding legal issues. Laws in the business world prevent companies from doing unlawful or unethical things like making employees work long hours for an unfair wage, or product duplication. Employment and labor laws ensure that business owners not only treat employees fairly, but also compensate them at a fair wage. Product duplication or when company “a” produces and distributes an exact......

Words: 841 - Pages: 4

Role and Functions of Law

...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......

Words: 828 - Pages: 4

Role and Functions of Law

...Role and Functions of Law February 25, 2014 LAW/421 The role and functions of law has a significant part in the operations of business and society. Its design ensures order, provides resolutions to conflicts, gives not only individuals, but also their assets a safe haven, maintains the structure of society, and protects municipal liberties. In order to create a safer life from those who are unjust. Furthermore, these laws create “duties, obligations, and rights that reflect accepted views,” (Melvin, p. 4,  2011) not only in society but also in business to provide justice for all. The purpose of law in society has substantially evolved to produce consistency and fairness for the rights of individuals. The laws created are there to supply “ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and means for settling disputes.” (Bushman, 2007). However, legal mechanisms have been embraced in different ways all around the world. For example, there are different forms of government running certain countries and establishing laws that are deemed lawful. Granted not all types of governments hold the same views as to what is right or wrong when establishing laws. However, the majority of countries idea for creating rules and regulations to obey is to maintain order in society. According to Melvin (2011) “for purposes of studying the impact of law on business, it is important to recognize that the law also serves as an......

Words: 744 - Pages: 3

Role and Functions of Law

...Role and Functions of Law LAW/421 The accepted generic definition of law is: “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, ch 1). “While there are many sources of American law, the common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011, ch 1). The functions and role of law in business and society are much in the same; to provide guidance and structure. The laws which guide society and business come from a combination of constitutional law, statutory law, common law and administrative law. (Melvin, 2011, ch 1) Constitutional law is the basis for all other laws and is the “supreme law of the land” in the United States. (Melvin, 2011, ch 1) The Constitution works together with other sources of law in three areas: (1) Establishing a structure for federal and state governments (including qualifications of certain offices and positions) and rules for amending the constitution; (2) granting specific powers for the different branches of government; and (3) providing procedural protections for U.S. citizens from wrongful government actions (Melvin, 2011, ch 1). Not only is there a U.S. Constitution, at the federal level, but each state has their own constitution that “is the highest source of law within the state’s borders” (Melvin, 2011, ch 1). Constitutional issues that impact businesses......

Words: 608 - Pages: 3

Role and Functions of Law

...Role and Functions of Law Paper Michael Wang LAW/421 July 14 2014 Tad Davis Role and Functions of Law Paper Discuss the function and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least the two reference from your reading or outside sources. Law: the system of rules that a particular country or community recognizes as the regulating the actions of its members and may enforce by the imposition of penalties. There are many laws in business and society and all of their functions but they all fall under the four types of laws which are: Criminal Law: This is the most basic and commonly known law in which it is all about Police work. That deals with murder, rape, robbery, assault, theft. Civil Law: Are covered in many different areas but also can be the most misunderstood because it covers or falls under legal rights. Such as divorce, child custody, education. The major difference between criminal and civil is that civil you can choose to go to court or alone or with lawyer or just settle it one on one while criminal law the person does not have a choice. Common Law: Is based on a person right and wrong. Morales and ethics are highly influenced on this law there are major differences in how people feel towards crimes in this law based on situation to situation. Such as stealing food example breads can soups to feed themselves or their family and the other to steal play station 4. ...

Words: 808 - Pages: 4

Role and Functions of Law

...Role and Functions of Law In this report, it will discuss and define the functions and role of law in business and society. We will also discuss the functions and role of law in our past or present job or industry. We will go off the bases of what is law and how it is use. In society as well as a business, law plays a significant role in their daily operation. For a society to be efficient and effective, laws have to put into place to regulate social behavior. Law, defined as a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Our system of societal life could not exist without a set of rules that govern human behavior or business interactions. Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). It is important to note that without laws to govern the actions of people and businesses, society would not be able to function......

Words: 841 - Pages: 4

The Role and Functions of Law

...The Role and Functions of Law Since the beginning of recorded history, laws have played a significant role in the way society has chosen to govern itself. From Jewish and Roman law in biblical days to the constitution-bound laws of modern democracies, law has established rights and responsibilities for individual citizens and businesses that reflect the accepted ethics of society. Law is a “body of rules of actions or conducts prescribed by a controlling authority and having legal binding force” (Melvin, 2011). It serves to unite a diverse population of people under a common set of rules that regulate behavior and protect individuals and businesses from others who violate those rules. Laws also articulate the consequences of violating those rules, creating incentive for people to obey them even when they do not necessarily agree with them. American businesses and individuals are regulated through constitutional, statutory, common, and administrative law. This paper will give an overview of the functions of each as well as well as examples of the role of law in past personal employment experience. The United States Constitution, consisting of a preamble, seven articles, and 27 amendments, is the undisputed backbone of the American legal system. It specifies the structure and powers of the Federal Government, and provides individuals and businesses protection from harmful actions. Constitutional law specifies specific powers for the legislative, executive, and judicial......

Words: 911 - Pages: 4

Role and Functions of Law Paper

...Role and Functions of Law Paper Amour Grace LAW/ 421 February 12, 2015 Kealin Culbreath Role and Functions of Law Paper Define the functions and role of law in business and society The functions and role of law in business and society is to protect people and the environment, to balance and limit conflict between the business enity and the consumers. We have different functions of protection which are to the consumers (rights and interest), business owners, environment, and commerce and trade. As a functioning business owner, it is your job to protect the consumer and also yourself. As a business owner you want to protect your assets and comply with the state and federal regulations that are set in place, so that you do not in up in a lawsuit battle like Cipollone v. Leggett Group, Inc. In the case of Cipollone v. Leggett Group, Inc., Cipollone file a complaint against The Leggett Group, Inc. due to the Cipollone family believing that the company was being fraudulent with its warning label on the tobacco container that read “Warning: The Surgeon General has determined that cigarette smoking is dangerous to your health.”, which he feels is the reason why his mother died of lung cancer. His mother and he decided that the Surgeon General’s warning was too vague and did not warn her of the lung cancer hazard that she was diagnosed with. Consumers as well as business owners need to be aware of consumers and their rights, so those issues do not become a problem that causes...

Words: 664 - Pages: 3

The Role and Function of Law

...The Role and Functions of Law LAW/421 6/14/2015 Dr. William Anderson . My student smiled nervously over her order pad as she waited for my table to finish ordering. She was a nice young girl whom I had been teaching for a few months through a university that provided student visas to people who were pursuing studies in English-as-a-second-language. Part of the requirement, however, was that students only work for the school itself and not obtain jobs outside their academic institution. The next day she came into the class as usual and though I taught her the rest of the semester, we never discussed her secret work life. I knew better than to say anything. One year before (at a different job) an agent from Homeland Security had visited my office. The reason for the visit was that one of our F-1-Visa Students had failed to report to class to class for a month. I didn't have to see the nine-millimeter tucked under her jacket to know that our business had changed since the terrorist attack on the World Trade Center in 2001 The Law and Business: Commerce Powers In a more general way, the role of law in business can be greater appreciated when analyzing the Commerce Clause whose application is wide and profound both in intrastate and interstate commerce. Congress has broad powers to regulate business. These powers are derived from the Commerce Clause. The importance of these powers is so profound that even......

Words: 828 - Pages: 4

Role and Functions of Law

...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......

Words: 1006 - Pages: 5

The Roles and Functions of Law

...The Roles and Functions of Law Law/421 Alisha Short April 23, 2012 Dr. Thomas Wilson Law is actually a body of rules of actions and or conducts determined by a regulating authority as well as having a legal binding force according to our text (Melvin, 2011). The law that we know is basically regulations, as well as rules that are applied by controlling person to provide help in deciding how a community is to act, control any family conflicts, as well as try to control criminal activities. It is accountable for how people maintain and act lawful. The law is accountable for keeping the integrity of all national politics, economic and the community. It also helps mediators when dealing with associations and individuals. Law has a big part in how the community decides moral standards as well as how they are carried out in the communities’ lives. These functions can consist of encouraging social rights, economic development, private liberties, keeping the peace, or safeguarding the community. If these elements weren’t in place, anarchy as well as disorder would be everywhere. A decent community wouldn’t be able to perform normally, which would create failure in all economic commerce as well as community function. Law actually has a variety of roles in the community. These laws are divided into three categories. These consist of criminal and civil laws, substantive and procedural laws, public and private laws. Without these functioning laws in the method, people...

Words: 858 - Pages: 4

Roles and Functions of Law

...dependent on the law to define how the society will work together. From the making and enacting of rules to the enforcement of those rules, the law is the guideline for that society. In America, we have a federal system in which a national government coexists with the government of each state (Melvin, 2011). While it takes many layers of law to delineate the abilities and limitations of businesses entities, the Commerce Clause and the Supremacy Clause have the largest effects. The commerce clause gives the federal government broad power to regulate inter-state commerce and intrastate commerce. The Supremacy Clause allows the federal government to trump state-level statutes if the federal law is constitutionally sound. This means that the federal government can make and enforce most of the standards and practices that American companies must follow. This paper will take a look at the function and role of law in business today. This paper will look at my present job, and the role of law and how it applies to my job. Function and Role of Law in Business The role of the law is to act as guidelines for how people are supposed to behave in a society. Laws have just as big of a role in the business world as they do in society. Laws instruct each business of how they must act in certain situations, they monitor fair wages, fair hiring practices, proper reporting of earnings, and hold businesses accountable for mistakes. The law has many different functions, in both......

Words: 823 - Pages: 4

Role and Function of Law

...The Role and Function of Law in Business and Society The role and function of law is to keep our systems of laws running smoothly and seamlessly otherwise our system will involved in a never ending vicious circle to which no solution is ever found. The role and function of law allows for the legal and lay person to have guidelines to follow and also disagree with those guidelines in an orderly and ethical manner. The case cited on our readings, the Cipollone v Liggett case, is a great example of pre-emption. Cipollone sued Liggett because he thought that Liggett was irresponsible for advertising a deadly substance that eventually killed his mother. The Court instead agreed to uphold the federal law that pre empties all accusations of misdoings by the tobacco company in reference to advertising, etc. At first, it may not seem just that the cigarette companies are not liable for such deaths, but one thing about our great laws and freedom is that individuals can make choices, even if they eventually kill you. A company like Liggett can go as far as letting individuals know about the risks, but at the end of the day it is an individual’s personal choice to smoke or not to smoke (Melvin, 2011). The role and functions of law were clearly seen during this lawsuit by discouraging what in many cases are frivolous suits. Another case is that of many people involved in the timeshare industry have claims of misrepresentation by the salesperson. Legal......

Words: 727 - Pages: 3