Business environment in Arizona - Case Study Example

 Name Institutional Affiliation Date Roles of law and courts in today’s business environment The American business environment is governed and regulated by federal laws on the national sphere. However, these regulations become different and more specialized on the state court level. Handling a business in Arizona requires an individual or an organization to adhere to a combination of federal and state laws. For a comprehensive understanding of the difference between these laws a deeper analysis is crucial (Marcel, 1983). Difference between federal court structure and Arizona state court structure Federal court structure In a business environment the federal court system undertakes cases that fall under the national jurisdiction. Federal state laws have a limited jurisdiction cover when handling cases. The US constitution has specified cases that involve multi-state companies in a business fraud situation. Handling interstate disputes in all relevant fields including company tussles, allocations of contracts are all catered by the federal government ("Federal Courts. State Practice or a Federal Right", 1917) Federal laws are formulated to deal with bankruptcy cases. The nature of fraud associated with these cases. Concealment of assets by financial institutions is often the immediate response, thus culprits use fake files in different states. This offense mostly accompanies money laundering, identity theft and public corruption; these crimes are all handled by the federal law ("Bankruptcy. Preferences. Right to Rescind Transaction for Fraud", 1922) Admiralty law is another special section handled by the federal law; this is the section that deals with maritime offenses. This is a very relevant section of people who handle business transactions. Offenses relating to water vessels, violation of water transport laws are handled by the federal government (OceanPortal) State court structure This system of law and the judiciary is more specifically set for civil cases. The major factor that distinguishes this system from the federal law is a broad jurisdiction. Multiple spectrum of both civil and criminal offenses are covered by state law. Violation of contracts is a major civil case that is handled by the state justice system. The laws of governing these proceedings are stipulated under contract law. Business contracts within the state of Arizona incorporate the Arizona Oral contract law. This specification increases Breach of contract lawsuits in the state (Marcel, 1983). Pretrial proceedings are a major differing factor in the state law system. The procedure that begins from the trial court, partakes a long process of hearings before the case proceeds to main hearing. The court system in the state justice system is formulated to handle most non-criminal cases. On a business front family disputes originating from property disagreements are handled by the state justice system (Jenning, 2014). Concept of judicial review The judicial review is established in Article VI, clear 2 of the American constitution; it’s a binding law that confines the court system under the constitution. The Supreme Court has the legal mandate of ensuring both federal legal and state legal system perform under specified guidelines. The judicial review creates guidelines for state courts to follow when dealing with statutory laws, it ensures the constitution is adhered to (Tarr & Porter, 1988). The judicial concept review also ensures Civil cases which have major conflicting lawsuits with conflicting issues. State system may have laws that conflict the constitution and therefore the judicial concept gives the high the power to overrule the state’s law. How laws and Regulations affect my business In the state of Arizona, running a courier service business entails a rigorous legal process. My business entails a chain of transportation of goods within the state and to other states. Insurance compliance to conduct interstate trade as well as employee security and benefits requirement require much effort (Tarr & Porter, 1988). Industrial regulations require registration and acquisition of legal documents inorder to conduct business within different states. Acquiring legal licensing from the Arizona department of revenue is another legal procedure an entrepreneur like me faces in the state of Arizona. Adhering to the legal mandate set for maritime related business is also strict legal requirement. With all these legal qualification my business has safe grounds protected from fraud. In case of vandalism or destructions, there is an assurance of a smooth legal compensation process (Marcel, 1983). Alternative Dispute resolution Arbitration Settling a dispute without resulting into a legal tussle is very essential when the parties have a history of trust between them. This is usually vital in a situation when an individual wants to protect the reputation of the business entity. Neutral Evaluation This is also a crucial system of handling disputes outside the court of law, however this includes involvement of legal counsel. The warring parties personally or using legal representatives present their case to a third party. This is usually a senior, experienced legal expert who listens and weighs their dispute, thus giving a legally binding solution (Tarr & Porter, 1988). ADR differs from actual court proceedings because it takes much less time to accomplish, and establishes solutions based on the benefits of the parties. In a court setting constitutional mandate is followed to settle cases (Sourdin, n.d.) References Bankruptcy. Discharge. Subsequent Action for Fraud. (1909). Harvard Law Review, 23(2), 145. http://dx.doi.org/10.2307/1325055 Bankruptcy. Preferences. Right to Rescind Transaction for Fraud. (1922). Harvard Law Review,` 36(1), 103. http://dx.doi.org/10.2307/1328784 Federal Courts. Relation of State and Federal Courts. State Practice or a Federal Right. (1917). Harvard Law Review, 30(6), 650. http://dx.doi.org/10.2307/1327011 Federal Courts. Relation of State and Federal Courts. State Practice or a Federal Right. (1917). Harvard Law Review, 30(6), 650. http://dx.doi.org/10.2307/1327011 Jennings, M. (2014). Business: Its legal, ethical, and global environment. Nelson Education. Marcel, K. W. (1983). Role of the Courts in a Legislative and Administrative Legal System-The Use of Hard Look Review in Federal Environmental Litigation. Or. L. Rev., 62, 403. Sourdin, T. The Role of the Court in Alternative Dispute Resolution. SSRN Electronic Journal. http://dx.doi.org/10.2139/ssrn.2721532 Tarr, G. A., & Porter, M. C. (1988). State supreme courts in state and nation (pp. 124-83). New Haven: Yale University Press. Read More