Week 1 Law 421
Role and Functions of Law Paper
Contemporary Business Law
LAW/421
Role and Functions of Law Paper Based on reading from the week 1 material and the case brief given from week 1, there will be an explanation of how the Supreme Court’s language and results of the case reviewed show the preemptive power of congress in upholding the laws set forth by congress in opposition from the State Law. There will also be a review of the rulings effect on other states and peoples’ rights. The review of congresses decision about preempting state law in this case shows that the government has supreme rule over the land and in this case used it to protect the tobacco industry. Business law and law in
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Congress would want to preempt state law regarding the advertising and promotion of tobacco products because of taxes. The Federal Government makes money from cigarette sales and manufacturing. By congress being involved at a federal level it prevents the states from becoming involved at and preventing this flow of income for the Federal Government. Tobacco has recently been an increasing health issue and the government is protecting the tobacco industry. One reason for this could be the influence of the big tobacco companies in politics and how they can contribute to certain persons to get laws enacted in their favor. The functions and role of law in business and society are vast and must be narrowed down for better understanding. Law is important to businesses because it not only protects the business but it gives the business guidelines to follow to ensure fair dealing and also reliability of business transactions. It important that a business understand that there are rules that must be followed when conducting day-to-day transactions and they will be held accountable for their actions. Law regulates society by also holding individuals accountable for their actions. The law essentially defines the rules and also defines what happens if the rules are broken by an individual or business. The law affects my current position in sales and construction because when I moved into this position and with
Regarding the billing cycle name, obviously, guardians will pay the current fee and the following 2 weeks fee after the current week in advance.
The restriction policy was opposed by the law makers. They argued the raising tobacco prices were violating the law. The congress also made the allegation that it was hard to implement the price policy due to the fact that the policy should not only apply to the tobacco product but all the products with a health risk. Therefore, the tobacco policy would not be useable for it would be perceived as discriminatory. Another argument that the congress made is that the tobacco restriction policy would lead to decreased funds in revenue collection (Offen et al, 2011).
The question of what the law is a philosophical one, which probably has no definite answer to it. This is evident as we have seen a lot of legal theorists trying to come with answers to the question. Ronald Dworkin says it is “a set of explicitly adapted rules and ought to maximise the general welfare” , Fuller on the other believed “law should withstand the scrutiny of reason and opposed the idea of legal positivism that law is no higher than a particular authority” , John Austin defined it to be “the command of the sovereign, backed up by sanctions” , Herbert Lionel Adolphus Hart said that law was “the rules that may forbid individuals to perform various kinds of actions or that may impose various obligations on individuals.” These
Laws are an important part of our lives that can either protect us or hurt us depending on what we are trying to do and what we want. A law is system of rules that is designed to regulate actions and relationships between people. Laws are generally created for the benefit of the whole and for the right treatment of people. There are not always clear laws about every issue and when people feel like they have been treated wrong they can sue someone in a court to establish justice. Courts have jurisdiction which is power to make legal decisions. Workers at the Amazon warehouses were upset by the unpaid screening at the end of their shifts which resulted in many lawsuits against the company’s policies.
Law is an altogether more refined instrument in the arrangement of the everyday association of society, through controlling individual behaviour as well as the way we act in business circumstances. Take for instance the ordinary errand of boarding a train. The law directs numerous parts of this accomplishment: (1) the criminal law and the constitution licenses us to board open transport. (2) The constitution grants us to make contract with another. (3) The laws of agreement grant us to frame an agreement for transport with the train organization, and guarantee that that agreement is satisfied. (4) The laws of agreement and tort permit us to board without apprehension of damage, or with cure ought to the most noticeably awful happen. At long last the law of possession and coin permits us to hand over cash in thought for this administration, which is of worth to the next contracting party. Actually, the law controls pretty much all that we do, and is imperative in doing as such to guarantee the smooth running of group and each part of our
As stated before there is the fact that taxes are higher on cigarettes in non-producing states then producing states. The difference can be up to a whole dollar. There is also the example of Kentucky and how they are one of the highest producers in tobacco and have one of the highest averages in the country for teenage smokers. The final important reason is that politicians are being paid by tobacco industries to raise the taxes and the politicians are accepting that money to get elected and then to raise the tax. This then creates more money for their state and for the tobacco industry. There are many ways to look at the situation that the United States faces. But it doesn’t change the fact that tobacco-producing states are more likely to have a higher percentage of teenage
Whether it is corporate, personal, or societal, laws are created to protect the interests of the masses. According to the textbook, Business Law: The Ethical, Global, and E-commerce Environment, 13th Edition (Mallor, et al, 2007, p. 11), the most important functions of law include the following:
There are serval reasons why we need law in today’s society, for instance: To regulate society, as the traffic laws exist that enforce people drive in a safe manner; To protect people, as there are laws about food safety to ensure that the food we buy is safe to eat; And to enforce rights, since the criminals laws prevent or deter people from abuses other people.
Laws protect us from discrimination, from threats of other citizens or countries perhaps, and much more. Business law simply keeps the calm in this country and it would be chaos without it. According to a quote from one of our past presidents, Theodore Roosevelt, he said, “Ours is a government of liberty, by, through and under the law. No man is above it, and no man is below it.” What he means is that business law sets a foundation for our country and all organized matters and everything within it.
Business and society is two very important things in the world that we live in today. The way that the law fits in our businesses and our society, is also important. Laws are made to control out authority. The functions and the role of laws are to only maintain justice and keep the peace. Sadly not everyone feels the same way and they tend to break many of our laws.
Law plays of significant role in the operation of a successful business and society. One of the characteristics of law is that is “creates duties, obligations, and rights that reflect accepted views of a given society” (Melvin, 2011, pg. 4). Law also helps businesses resolve disputes that have to do with the rights of the business and citizens (Melvin, 2011, pg. 4). Obtaining an understanding of the legal system can help businesses gain a competitive edge, as well as add value to the business.
The law is are principles established by parliament (ie. by our representatives) and by the courts. Hence, law is made by people for society and was developed to set standards of conduct between people, businesses and government. If these standards of behaviour and rules are not followed, the law manages the conflicts that arise, and punishes those who breach these standards of conduct. We have laws so that society can work effectively, to make sure that people or organisations are not able to use power, money or strength to take advantage and exploit others or for creating better things for themselves. Laws help people or group of people to make sure that they understands their rights and obligations, and the rights and obligations of others
There are different categories of law, each with its own priorities. But by and large, law is there to maintain the status quo, to protect property, vested rights, and established relationships. Law is the skeleton of our society, it controls what we do, when we do it and how we do it. If we choose to break this law then we are punished. An ordered society can not exist without some sort of legal system, even if it is just one simple rule.
There are several roles, types, and functions of law in society today; whether it is an individual, worker, or business owner everyone is subject to and must abide by the federal and state courts and laws of this country. The judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. This is an example of check and balances in a modern governmental system. Working on a federal installation (Tinker AFB) the industry has to follow both federal guidelines and laws.
Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.