Roles and Functions of Law
The roles and functions of laws help provide guidelines and rules for individuals and businesses to follow. These laws provide rules, for such things that are not acceptable in society as well as business. Throughout this paper Kerri will define the functions and role of law in business and society.
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Kerri will also discuss the functions and role of law within her present place of employment. Role and Functions of Law Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently.
Many laws provide ethical standards as well as expectations. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). Constitution A Constitution is the overriding law, because it establishes the fundamental principles of a government at either the state or federal level.
This includes creating the branches of the government, bestowing and refusing certain powers to each branch, and preventing other governmental units from passing certain laws, specifically those which limit individual rights (M. Bushman). Statutes and Common Law. Common laws are a law that have yet to be passed by the legislatures, but rather are made by the courts and is based on the fundamentals of previous cases with having similar fact; whereas, a statute is a law enacted by elected representatives f the legislative branch of government. Law Classifications. In addition to the several types of law, laws are also categorized into three general classifications: criminal law and civil law, substantive law and procedural law, and public law and private law. It is important to note that the different classifications of law are not mutually exclusive. However, criminal law is also a public law (M. Bushman, 2007). Criminal laws are deigned to protect society, which results in penalties to the violator, such as fines and imprisonment (S.
Melvin, 2011). Civil laws are designed to compensate parties for money lost as a result of another’s conduct. Substantive laws provide individuals with rights and create certain duties. Procedural laws provide a structure and a set of rules for pursuing substantive rights (S. Melvin, 2011). Public laws derived from a government entity. Private laws are recognized as binding between two parties even though no specific statue or regulation provides for the rights of the parties. Types of Courts.
In addition to the several types and variations of laws there are also two man classifications of court, such as the Federal court and the State court. The Federal court includes the federal district courts; specialized federal courts, such as the Court of International Trade; and federal courts of appeals. “The State courts include trial courts and appellate courts. A trial court is used to determine the initial facts in a case and apply the proper laws in order to reach a decision, while an appellate court decides legal questions without receiving new evidence.
Another type of state court is the court of limited jurisdiction. Traffic court and small claims court are courts of limited jurisdiction (M. Bushman, 2007). ” Roles and Functions of laws in the restaurant industry. Kerri is in the restaurant industry, she has worked in this field for a majority of her life. There are many laws that regulate employers in the restaurant industry. The laws that are most important to businesses in the restaurant industry are the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA) and the Equal Employment Opportunity Commission.
Conclusion The roles and functions of laws help provide guidelines and rules for individuals and businesses to follow. These laws provide rules, for such things that are not acceptable in society as well as business. Throughout this paper Kerri defines the functions and role of law in business and society. Kerri then discusses the functions and role of law within her present place of employment.