Role and Functions of Law Paper Essays (885 words) - Legal History

Role and Functions of Law Paper Essays (885 words) - Legal History Role and Functions of Law Paper LAW/421 Contemporary Business Law Instructor: KURT LOFLAND November 9, 2015 Abstract As we all know that law plays an important role in the successful day to day operation of a business and society, it can also help keep behavior intact and regulate standards. The law in fact is put in place not only to correct criminal, or dishonest behavior, but also to protect. In todays 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 feel is 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. Now in this essay I will define the functions and role of law in business and society and discuss the functions and the roles of law in my present day job. What is Law? According to Melvin law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force (2011). Many laws are enforced and some contain strict rules that should be enforced if the laws are violated or broken. 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 or even shout down of businesses. As business owner they must have the knowledge of what the business specializes in, therefore there can often be oversights regarding legal issues, so that their companies/ business does not suffer the penalties that comes with breaking the rules and laws that have been placed to keep people safe. Now some laws are rolled out for businesses and society to help protected the consumers. Some of these laws are in detail in the US Constructional and are classified as Criminal and Civil Law, Substantive and Procedural Law, and Public and Private Law. Criminal Law defines certain behavior as illegal and lists the elements the government must prove to convict a person of a crime. As we also aware law is an essential part of what allows business and society to be successful. Societys uses law to keep the peace, enforce standards of conduct, maintain order, facilitate planning, and promote social justice (Barnes, Dworkin, & Richards, 2011). Categories of Law There are four common types of law each have a different purpose. Constitutional law deals with the interpretation and implantation of federal and state constitutions, the Constitution is the highest form of the law. Laws must agree with the Constitution or they are unconstitutional and not upheld in federal court. The Constitution is amended only in extraordinary and extreme cases. Statutory law is written by the legislative branch and approved by the executive branch of government. Statutes at the local level are known as ordinances. Court systems designate common laws by way of a precedent. A precedent is set by a ruling in a previous case in the appropriate court of law and is later determines the outcome of another case. Administrative law authorizes the authority of the executive branch and government agencies, for example; laws created by the Food and Drug Administration. Along with the four types of law there are also three common categories of law. Each of these categories relate differently to society and businesses. However the categories of law in many cases can overlap and are not mutually exclusive. There are laws that are either criminal or civil. Criminal law deals with crime and the punishment for committing criminal infractions, and civil law deals with disputes between people and organizations to determine compensation for a perceived wrong. Procedural law is a set of rules guiding the proceedings of the court. These rules ensure due process. Substantive law is the legal relationship between people or between people and the state. To compare procedural and substantive law, procedural law is the rules and substantive law is the duties of the people. Public laws are between the people and the reigning government. Public laws are between the people. Types and categories of law are important in both society and business. Laws at My Present Job At my