This paper addresses the functions and role of law in business and society. This paper covers different types of laws including statutes, common laws, treaties, ordinances, and executive orders. As the paper continues it will discuss who creates and enforces these laws.
This paper also discusses the classification of those laws into criminal and civil law, substantive and procedural law, and public and private laws. As these subjects are discussed the paper will discuss what individuals or entities are responsible for using these different types of laws.
The paper also discusses the different types of courts where these laws are enforced which include different types of federal and state courts. The main federal courts discussed are the Court of International Trade and the federal court of appeals. Some of the types of state courts discussed are traffic courts, small claims courts, trial courts, and appellate courts. In addition, this paper also talks about how law played a part in a previous job position as a telemarketer.
Laws are an essential part of any successful society. This includes the businesses within these societies. Social behavior is directed by the laws within a society. These laws help the society run more effectively and efficiently. Ethical standards and expectations are also supplied through different laws. These rules and laws of conduct also include measures to assist with enforcement and how to settle any conflict that may arise.
There are many other functions of law that include, but are not limited to, peacekeeping, promoting social justice, promoting personal freedom, and promoting economic growth through free competition (Malor, Barnes, Bowers, and Langvardt, 2009). If society did not have the appropriate laws to lead the actions of its businesses and people, the society would crumble and fall victim to its people. Basic Functions of Law
Many of the functions of law appear to be quite simple. In actuality, they are quite complex. Not only are the laws themselves complex, but the entire legal system of the United States is also complex. There are many types of laws and each law gets a different type of outcome. Some of these laws include common laws, ordinances, constitutions, statutes, treaties, executive orders, and administrative regulations and decisions. Common Laws and Statutes
The legislative branch of the government is responsible for enacting statutes. The legislative branch elects representatives that are responsible for the enactment. Statutes and administrative regulations are very similar.
Administrative regulations, however, are enacted by a different entity. They are enacted by administrative agencies unlike the elected representatives that enact the statutes. Prior court decisions, however, are the basis for common law. When cases are determined not to be governed by another type of law, these laws are applied. Executive Orders, Ordinances, and Treaties
When at least two political powers agree to a contract it becomes known as a treaty. These political powers are usually states or countries. Countries and cities create ordinances which are as important as laws. The President of the United States, along with state governors, is able to enact executive orders. Legislative delegation gives a person the power to create and enact executive orders. Classification of Laws
In extension to the different types of laws, there are also three different categories in which these types of laws fall into. These categories include criminal and civil law, substantive and procedural law, and public and private law. It is important to understand that these categories are not exclusive. Many types of law fall into multiple categories. Criminal Law
This type of law deals with how to punish individuals for crimes they may have committed. Criminal law occurs with the government prosecutingindividuals or organizations for a crime that was committed. Some of the punishments associated with criminal law include incarceration and possibly the payment of fines. Civil Law
This type of law happens between private parties, organizations, or governmental bodies. If a person or other entity breaks a civil law, they would be required to compensate the party that was wronged in some form. Usually this is done through some sort of financial trade. Substantive Law
According to S.P. Melvin (2011), substantive laws “provide individuals with rights and create certain duties” (p. 18, par. 3). According to the dictionary, substantive law is “law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law.” Procedural Law
Procedural laws provide the means for government entities to make and reinforce the substantive laws. Many of these government entities include the courts. These procedural laws also regulate how these entities act throughout the process. Public Law
Public laws are tied in with how the government interacts and deals with individuals. Constitutional law and criminal law are both examples of public laws. Private Laws Private laws are, as its name suggests, the opposite of public law. Public laws are tied in with how individuals interact and deal with other individuals. An example of private law could be a contract. Court Types
The legal system of the United States also has different types of courts in addition to different types and classifications of law. There are two main types of court classifications. First there is the federal court. There are also the state courts. Federal Courts
There are many types of courts that fall under the federal court classification. In addition to federal district courts, there are also specialized federal courts. Some of these specialized courts include the federal court of appeals and the Court of International Trade.
State Courts Like federal courts, there are many types of courts that fall under the state court classification. Trial courts and appellate courts are among the many types of state courts. Trial courts are utilized to decide the primary facts in specific cases and use the correct laws to come to a final decision. An appellate court determines the answers to legal questions without utilizing any new evidence. Limited jurisdiction is another type of state court. Small claims courts along with traffic court are both examples of courts which have limited jurisdiction. Life as a Telemarketer
For nearly seven years I held a position in a call center. The call center hired me when I was noticeably pregnant and I had a lot of respect for them from that moment on. It is amazing the laws that a telemarketer is bound to. It is also interesting how companies are able to jump through hoops to reach out to different people. Many people are familiar with the National Do Not Call Registry list that came into law in February of 2008. This was in reference to the Do-Not-Call Improvement Act of 2007 (“National Do Not Call Registry “, n.d.). This list is supposed to keep telemarketers from calling your home or cell phone to solicit material or products.
However, companies found that they were able to get around this law if the customer had done business with them in the last 30 days. Many times, especially when this first became law, I had to explain why the company was allowed to call people on the do not call list. Usually I would add them to the internal do not call list so the company would not solicit them by telephone again.
After this law was put into effect, the telemarketers in my company were required to say what company we were calling on behalf of. We were also required to leave the customer with a toll free number if we gave our name or company name. People were fired for not doing this on a regular basis. Since it was law, the company had to abide by it. Conclusion
The legal system of the United States is both sophisticated and elaborate. The system appreciates how important law is. This is not only true in a person’s individual life, but business life as well. To ensure a fair and safe society for all, it is essential that these rules are created, enforced, and people are penalized for breaking them. Not only will this create a safe society, but a successful society as well. This is the same for a business environment. To create a safe and fair business society, rules must be created, enforced, and people who break them should be penalized accordingly. This will create a business that is save and successful. If these laws and rules were not enforced, societies and businesses would fail and turmoil would admittedly follow.
ReferencesMallor, J., Barnes, A., Bowers, T., Langvardt, A. (2003) “Business Law: The Ethical, Global and E-Commerce Environment.” 12th ed. Burr Ridge: Irwin/McGraw-Hill. Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin. National Do Not Call Registry . (n.d.). Retrieved from https://www.donotcall.gov/