Tina Barker Week 1: Roles And Functions Of Law

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Tina Barker Week #1 LAW 421 April-Monday, 2014 Ramon E. Ortiz-Velez Roles and Functions of Law Ever since the beginning of mankind, people have been governed by laws, whether established by rulers, kings, or a higher power. Laws have been established has a way for people or societies to know how to act, how to treat others and to ensure that you will be treated a certain way and along with these laws, comes the penalties for breaking them. Laws play a vital role in both society and in business, without some kind of “laws of the land” societies would be nothing but lawless places to live. One only needs to look at what is happening in parts of the world, that do not have any kind of functioning government to either enforce or implement…show more content…
(1994). The nature of preemption. Cornell University Law School, retrieved from http://www.lawschool.cornell.edu/…Gardbaum Lawnix (2013). Common Clause – The Commerce Power of Congress (online). Retrieved from http://lawmix.com/cases/commerce-clause.html Melvin, S.P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin. One of the most controversial cases was the Cipollone v Liggett Group. The Cipollone estate sued Liggett Group, a cigarette manufacturing company, because they concealed or misrepresented the dangers of cigarette smoking. Rose Cipollone started smoking in 1942 and switched brands because of Liggett’s advertising that their brand was safer than the others because of its “low tar” cigarette. After her death in 1984 from lung cancer her estate filed a lawsuit against the Liggett Group. The 3rd Court of Appeals ruled that suing the cigarette manufacturers was preempted because of the 1965 federal Cigarette Labeling and Advertising Act and the Public Health Cigarette Act of 1969, which bans smokers and the families of smokers from suing cigarette companies on the basis of state tort laws. The Supreme Court heard the case but it divided the court into three groups. One group with four justices that made up the plurality and two that stated opinions that where both concurring and dissenting, the only thing they could agree on was that it would be difficult for the lower courts to understand it and then implement it. So ultimately they decided “that any state law that established a duty to warn consumers of health hazards in order to make the product reasonably safe was preempted by the language specifying “no requirement or prohibition” in the 1969 federal Public Health Cigarette Smoking Act.” (Anna, G.) In other words, any lawsuit after 1969 would not succeed on the grounds of any alleged failure of the cigarette companies to include any other health warnings

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