Preface
Law plays a significant role in the successful operation of business and society. Laws regulate social behavior that helps society run efficiently. They also provide ethical laws and expectations, standards of conduct, advice for those laws, and a means of resolving disputes. Other functions of the law include: peacekeeping; check government power and personal freedom; easier planning and realization of rational expectations; economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). It must be noted that without laws to govern the actions of people and businesses, society cannot function effectively, and commerce will collapse.
Although the general functions of the law seem to be simpler, the United States legal system is actually very simple. complex The laws were broken down into different types. This includes constitutions, statutes, common law, administrative regulations and decisions, treaties, regulations and executive orders.
Constitutions
The Constitution is primary law because it establishes the basic principles of government at the state or federal level. This includes creating branches of government, granting and denying specific powers to each party, and preventing other units of government from passing specific laws, specifically those that limit individual rights.
Statutes and Common Law
A statute is a law passed by elected representatives of the legislative branch of government. Administrative norms are similar to statutes, but they are enacted by administrative representatives instead of elected representatives. But common law is based on previous judgments. These laws apply when other cases are not governed.
Covenants, Regulations and Executive Orders
Treaties are contracts between two or more political authorities, such as states or nations. The law was created by counties and municipalities. Executive orders are laws passed by the president or the president. The power to create an executive order is granted through legislative delegation.
Law of Classifications
In addition to the various types of law, laws are also divided into three general classes: criminal law and civil law; substantive law and procedural law, public law and private law. It is important to note that the various legal classifications are not mutually exclusive. Criminal law is also public law, as stated below.
Criminal law deals with the punishment of crimes. Under criminal law, the government prosecutes people or entities that commit crimes. Penalties for breaking the criminal law include imprisonment or fines. civil law refers to the duties that private parties, institutions, or governments owe to one . the other. Penalties for breaking the law include civil damages to the injured party, such as monetary compensation.
Substantive Law defined by the dictionary, is “law that creates or defines rights, duties, obligations, and causes of action that may be established by law” (Substantive Law). Procedural law provides methods for governing agencies, such as courts, in creating and implementing substantive laws. It also controls the activities of these agents in this business.
Public law deals with government and individuals. Examples of public law are Constitutional law and criminal law. On the other hand, private law deals with individuals and the relationships they have with other people. Contracts are an example of private law.
Types of judgments
In addition to defining different types and classifications of laws, the United States legal system also provides for different types of courts. /a>. The two main classes of courts are federal and state.
Federal courts include federal district courts; special federal courts, such as the International Trade Court; and the federal courts of appeals. State courts include courts and courts of appeal. A trial court is used to determine the initial facts in a case and the proper laws to reach a decision, while an appellate court decides legal issues without receiving new evidence. Another type of state is a court of limited jurisdiction. The business court and the small claims court are courts of limited jurisdiction.
Conclusion
In the United States the legal system is complex and complicated. He recognizes the importance of law in everyday life. Rules, the enforcement of these norms and the penalties for breaking them, are necessary to maintain a fair, orderly and prosperous society. The same can be said about successful business. Without law, permission would follow.
References
Mallor, J., Barnes, A., Bowers, T., Langvardt, A. “Business Law: Ethics, Global and E-Commerce Environment.” 12th ed . Burr Ridge: Irwin/McGraw-Hill.
“Substantive Law.” Dictionary.com website. URL: http://dictionary.reference.com/search?q=noun%20law
