Role and Functions of Law

In our daily lives in business or social, we must always uphold the laws that have been set forth by our government. We do not often stop and think of the significance of these laws in the successful operations of our daily routine and business operations around us. Laws provide a sense of moral and ethical standards which set certain expectations of how we conduct ourselves in business or person endeavors. Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force. (Melvin,2011). This indicates that our governing laws also take a significant role in peacekeeping, personal freedom, keeping the government in check, and setting reasonable expectations. Although it seems simple, the legal system is not. “Laws are broken down into several different types. These include constitutions, statutes, common law, administrative regulations and decisions, treaties, ordinances, and executive orders. ” ( Bushman, 2007).

To further classify these types, there are three general classifications; criminal and civil law, substantive and procedural laws, and public and private laws. Some of these laws can be described by looking at the case brief, Cipollone v. Liggett Group, Inc. , et al. In this case Cipollone perused a lawsuit against the cigarette manufacturing company, Liggett. The complaint was, “false advertising, fraudulently misrepresenting the hazards of smoking, and conspiracy to deprive the public of medical and scientific information about smoking”. Melvin,2011). Substantive law gave Cipollone the right to sue, while procedural laws set the rules to sue. Civil laws exist so if someone isn’t following the law, they can be sued for wrong doing and criminal law is present so we may be protected against these people. Cipollone felt that the Liggett Group had to follow certain laws which stated that they warn the public of the dangers of cigarettes. Civil law gave Cipollone the right to sue them for these reasons. In the case of Cipollone v.

Liggett, the U. S. Supreme Court ruled against Cipollone. They stated that the claims, which relied on State law, were over ruled by Federal Law, “because Congress chose specifically to regulate a certain type of advertising (tobacco), federal law is supreme to any State Law that attempts to regulate that same category of advertising”. (Melvin, 2011). Federal laws may overrule State Laws. Federal courts include Federal district courts and are more specific to hearing cases that question the onstitutionality of the law, cases involving treaties and laws of the U. S. The federal courts also hear cases involving disputes between two or more states, ambassadors and public ministers. States courts are there to handle disputes revolving around divorce and custody issues, probate and inheritances matters, real estate issues, juvenile court, contract disputes, personal industry cases, and most criminal cases. The roles and functions of the law is present in every aspects of business.

In my past experience as a Medical Professional, the most prominent form of the law that was exercised was the HIPPA Law which was passed in 1996. The American Health Insurance Portability and Accountability Act of 1996, or HIPAA, is a set of rules which must be followed by doctors, hospitals, and all other health care providers, including dental auxiliary. These rules are there to help ensure that all medical records, billing information, and patient records meet certain standards with regard to how they are documented, and privacy.

Before any patient could be seen in the office we must always make sure they read and sign a document that informs them of their rights regarding our procedures for billing and sharing their personal information. The patient was also informed that they have the right to access their information to make any changes to their medical records to correct or omit information. Each patient was given time to read all five rules and regulations which are divided into five rules. They are privacy, security, transactions, identifiers, and enforcement.

These rules are important for the patient to understand and that as medical professionals, in order to uphold the law; we must adhere to privacy procedures involving our patients. The U. S. legal system is complex and to define the roles and functions of different types of laws is difficult. By recognizing the role laws play in our daily lives in both social and business and how and why these laws are enforced help to place the pieces of our legislative system in place. The rules are set in place to enforce the laws in order to succeed in being fair, honest and to obtain a safe and successful environment.