Role and Functions of Law - Assignment Example

Role and Functions of Law al Affiliation Role and Functions of Law Discussion Question What are the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law? Provide examples of each. The differences between the sources of law are presented in the tabular format below: Sources of Law Differences/Descriptions/Examples Substantive “Consists of written statutory rules passed by legislature that govern how people behave” (Kadian-Baumeyer, Substantive Law vs. Procedural Law: Definitions and Differences, 2014, p. 1). Examples are laws of contract (real property contracts). Procedural As the term asserts, this source of law adheres to due process, reportedly granted to U.S citizens according to the 14th Amendment (Kadian-Baumeyer, Substantive Law vs. Procedural Law: Definitions and Differences, 2014). For example, drinking while driving offenses would stipulate due process in terms of charges being made aware within a time frame of 72 hours after arrest (Kadian-Baumeyer, Substantive Law vs. Procedural Law: Definitions and Differences, 2014). Criminal A set of legal regulations governing criminal activities and behavior. For example, laws governing murder cases, theft, and bribery. Civil “deals with disputes between individuals, groups and organizations who seek an award of compensation for their troubles” (Kadian-Baumeyer, Criminal Law vs. Civil Law: Definitions and Differences, 2014, p. 1). For example, cases on fraud and negligence. Common Law which is reportedly derived from courts, for instance, those which are based on previous cases. Statutory “created by a legislative body and approved or disapproved by the executive branch of government” (Melvin, 2010, p. 10). Examples are laws instituted in the federal level (employment discrimination) or state level (business laws applicable in a particular state). What U.S. Constitution amendments were implemented to protect the rights of businesses and organizations? The U.S. Constitution amendments that were implemented to protect the rights of business and organizations include the 5th and 14th Amendments (US Constitution - 5th and 14th Amendments, 2014). Specifically, the 5th Amendment was noted to focus on “an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws” (US Constitution - 5th and 14th Amendments, 2014, par. 2). On the other hand, the 14th Amendment “explicitly prohibits states from violating an individuals rights of due process and equal protection” (US Constitution - 5th and 14th Amendments, 2014, par. 3). In addition, according to Melvin (2010) the conditions and stipulations under the Bill of Rights pertinent to businesses are covered under the following amendments: “freedom of speech, the press, religion, and expression (First Amendment); freedom from government-conducted searches without cause or warrant (Fourth Amendment); rights against self-incrimination and to a speedy jury trial by our peers (Fifth and Sixth Amendments); and freedom from cruel and unusual punishments (Eighth Amendment)” (p. 20). Discussion Question 2: What are the three branches of government and their functions? How are powers balanced in the U.S. government? How does each branch of government make laws? Provide examples. The three branches of the government and their functions are summarized in the table below: Branches of Government Functions Executive Branch “Makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies” (U.S. House of Representatives, n.d., p. 1) Legislative Branch Has the responsibility of ensuring that the laws are enforced. Judicial Branch Composed of the Federal Judicial Center and the Supreme Court (U.S. House of Representatives, n.d.). As specifically emphasized, the powers are balanced among these three branches, to wit: “Each branch of government is balanced by powers in the other two coequal branches: The President can veto the laws of the Congress; the Congress confirms or rejects the Presidents appointments and can remove the President from office in exceptional circumstances; and the justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the President and confirmed by the Senate” (Our Government, n.d., p. 1). As such, each branch makes laws according to the jurisdictions assigned to them. For instance, under the Executive branch, the President is responsible for enacting laws that have been proposed by the Congress. The Legislative Branch, which is composed by the Senate and House of Representatives follow the Constitution in enactment of laws. Finally, the Judicial Branch makes laws through the members of the Supreme Court and the Federal Judicial Center (Our Government, n.d.). II. The Functions and Role of Law in Business and Society Introduction Legal regulations are enforced for the purpose of maintaining peace and order in society. There are laws made according to specifically identified purposes, directed at individuals, groups, public or private organizations, and within domestic or international government institutions. As defined, “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Black, 1990; cited in Melvin, 2010, p. 2). Therefore, law functions as a standard of guidance that directs various practitioners in making responsible decision according to expected norms and conduct of behavior. In this regard, the current discourse aims present the functions and role of law in business and society through professional experiences in past job. The Functions and Role of Law in Past or Present Job or Industry One was categorically recruited as an employee in a past job. As an employee, law functions as part of the business system and as a vehicle for moral balance (Bagley, Clarkson, & Power, 2006). Likewise, law also serves as a driving force to sustain order, consistency, and adherence to ethical, moral, and legal standards. An employee is governed by a set of rules and regulations through an organization’s policies and procedures. Likewise, there are professional standards which have been published and promoted to ensure that graduates of a field of study would be guided in their conduct and behavior towards their stakeholders. As such, law is enforced through codes of discipline and ethical standards in the work setting. In addition, the role of law is to protect employees in situations which might discriminate or violate human rights. Through the amendments in the U.S Constitution, laws on freedom of speech, equal employment opportunities, prevention of discrimination, and freedom from imposition of unjust penalties have been ensured (Melvin, 2010). Therefore, the law has set explicitly defined regulations that govern investigations in cases of suspected violations of corporate policies and standards. As emphasized, “from a business perspective, it is important to understand that the law recognizes two basic types of searches” (Melvin, 2010, p. 26). When there are suspected criminal activities in the work settings, a search warrant is deemed to be applied; in contrast to an administrative warrant for administrative violations (Melvin, 2010). Therefore, until proven guilty, employees are accorded due process by law to ensure that their rights are upheld. On the part of employers, the role of law is to protect shareholders, owners, directors, or people managing the organization from unfair and unjust employee complaints. For instance, through the Equal Employment Opportunities laws and regulations, employers are expected to abide by legal standards pertaining to the prevention of discrimination on the basis of gender, age, racial or ethnic orientation, disabilities, and other pertinent demographic factors manifested by employees in various work settings. As such, employers are provided with rules and regulations, as well as enacted laws on equal employment opportunities to avoid legal sanctions and expenses associated with costly litigations. Law was duly noted to serve varied purposes. For businesses, law “serves as an important catalyst for commerce by promoting good faith dealing among merchants and consumers and giving some degree of reliability that can be considered in business planning and commercial transactions” (Melvin, 2010, p. 3). Law serves as the structured guidelines which assist business practitioners in behaving according to expected norms and standards that are universally consistent. Likewise, legal regulations provide directional guidelines for various stakeholders to make informed and responsible decisions which conform to ethical and moral standards. As emphasized, “law is not just an external force acting upon managers and their firms. It offers tools legally astute managers can use as part of their market strategy to manage the firm more effectively” (Bagley, Clarkson, & Power, 2006, p. 18). Finally, as highlighted by Melvin (2010), the purpose, function, and role of law are noted as follows: “the purpose of law evolved substantially into ensuring consistency and fairness. In the United States, lawmakers have increasingly embraced legal mechanisms, such as antidiscrimination laws, to help promote equality and justice in society and especially in education and in the workplace. The law also sets out a system for resolving disputes by providing a basis for deciding the legal interests and rights of the parties” (Melvin, 2010, p. 3). Conclusion Law is crucial as a set of guiding principles and regulations that protect citizens from unjust and unfair practices and behavior. In businesses, the function of law is deemed to be affirmed in terms of preserving order and avoiding conflicts from internal and external sources. As such, when peace and order is sustained, a happy and conflict-free society would ensure the expected performance of citizens towards productivity and healthy well-being. References US Constitution - 5th and 14th Amendments. (2014). Retrieved September 29, 2014, from Find US Law: http://finduslaw.com/us-constitution-5th-14th-amendments Bagley, C., Clarkson, G., & Power, R. (2006, June 7). Deep Links: Business Schools Students Perceptions of the Role of Law and Ethics in Business. Retrieved September 29, 2014, from Harvard Business School : http://www.hbs.edu/faculty/Publication%20Files/06-039.pdf Black, H. (1990). Blacks Law Dictionary. Retrieved September 29, 2014, from johnwademoore.net: http://johnwademoore.net/_files/Blacks6thEdition/Blacks%20Law%206th%20Edition%20-%20Sec.%20A.pdf Kadian-Baumeyer, K. (2014). Criminal Law vs. Civil Law: Definitions and Differences. Retrieved September 29, 2014, from Education Portal: http://education-portal.com/academy/lesson/criminal-law-vs-civil-law-definitions-and-differences.html#lesson Kadian-Baumeyer, K. (2014). Substantive Law vs. Procedural Law: Definitions and Differences. Retrieved September 29, 2014, from Education Portal: http://education-portal.com/academy/lesson/substantive-law-vs-procedural-law-definitions-and-differences.html#lesson Melvin, S. (2010). The Legal Environment of Business: A Managerial Approach: Theory to Practice with Connect Plus. McGraw-Hill/Irwin. Our Government. (n.d.). Retrieved September 29, 2014, from whitehouse.gov: http://www.whitehouse.gov/our-government U.S. House of Representatives. (n.d.). Branches of Government. Retrieved September 29, 2014, from house.gov: http://www.house.gov/content/learn/branches_of_government/ Read More