In our society and business there are laws that have been created as a body of rules that we must followed or obey and it sets the boundaries of our daily lives. In this paper it will take a look at the different types of laws and their roles and functions of each one. This paper will also look at the case of Cipollone V. Liggett Group, Inc. on the Supreme Court. Roles of Law in Business The primary sources of law from the federal and state government are the constitutional law, statuary law, administrative law, and common law.
Melvin (2011) stated: Constitutional law is the foundation for all other law in the United States and is the supreme law of the land. It functions in tandem with other sources of law in three broad 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. p. 8) The statutory law is created by legislation (Congress) and get approve or disapprove by the executive branch (The President). The process of drafting a federal statue is called a bill and when it is approved by the President it turns to become a law, However when the bill pass with two/thirds of the votes it becomes automatically a law. At the state level a bill can be called something different depending on the state and it becomes a law when the governor signs the state statue.
Administrative law is law that is authorized by executive branch agencies and independent government agencies. Common law is the law created by the courts in similar cases and use to establish principals in base to resolve disputes between parties. Also, is use as a guideline for other cases in other courts with similar disputes. There are several roles in laws that are categorized in different categories: Criminal and Civil law, Substantive and Procedural Law, Public and Private Law.
Criminals laws are establish to give protection to society by penalties to the violators of the law either by fines or imprisonment. Example of criminal law is jail time or fines for theft. Civil laws are created to compensate damages as result of any type of conduct. An example of civil law can be a breach of contract between the parties. Melvin (2011) stated: Substantive laws provide individuals with rights and create certain duties. Procedural laws provide a structure and set out rules for pursuing substantive rights.
Public laws are those derived from some government entity. Examples include statutes (legislature/executive) and administrative regulations (state or federal administrative agencies). Private laws are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties. (p. 18) These categories of law affect the business and society in one way or the other by creating a course of action to moderate a type of justice based on the circumstances. Functions of Law on Business and Society
Laws. com (2013) stated: The purpose of law as well as what exactly deems something lawful does have its contrasting reasoning’s since each may vary depending on the region you reside within. In general law serves five main functions: it cultivates and ensures the existence of adequate order, provides resolutions to conflicts, provides a safe haven for individuals and their assets, maintains the structured operation of the civilization, and protects civil liberties as set forth in each nation’s constitution. para. 1) The main functions of law in businesses and society help to protect corporate, personal, and social interest of the people. Another function of the law is the alternatives that law offers, for example: when disputes occur they can be expensive but a method that can be used is Alternative Dispute Resolution (ADR) such as arbitration and mediation. This method can be economical, peaceful and less stressful if is used appropriately and both parties are willing to make a final resolution for the dispute.
Contract is an agreement between two or more parties that agree to comply with the contract and is a function of the law. Protecting the nature environment is one of the functions of the law because of its needs for the future of the next upcoming generations. Examination of the government power is not to given too much power to a certain branch and to avoid a monopoly of power, and to comply with the Constitution of the United States. Case 2-6 In this case the Supreme Court ruled against Cipollone because it was determine that the state law does not conflict with the federal law.
In this case the role and the functions of the law were to determine who has jurisdiction of the case, the conflict and appropriate use of the laws. Personal Roles and Functions of Law In the past I been divorced three times which is a civil matter in most cases. With my first divorced I use an attorney because I did not understand the complexity of the law, in Palm Beach County it is mandatory to go through a mandatory mediation before the case turns to be a trail bench.
Mediation was not successful and passes to a bench trial, after both sides’ attorneys did the opening, presented the case, and closing arguments the judge made the final decision sending the final decision in writing to the respective party’s attorneys. After this experience I learned how it worked which helped for the next two divorces and which made an agreement was made in mediation and after the mediation the judge signed the mediation agreement during the final trial day.
Conclusion As shown in this paper the different types of laws and their roles and functions that will assist and create boundaries in society and business of this great country. The laws and their roles and functions give a better perspective of the civilization by giving freedom that does not affects the continuing development of the society. Not only for laws that have been created but also the different alternatives, and procedures that may apply to cases or dispute.