Role and Functions of Law LAW/421 October 15, 2012 Dr. Thomas Wilson Introduction Law by definition is created with the intent of providing a framework of rules, regulations, and ethical standards in which people can function and interact together in society. Law provides a system of order in which expectations, rights, and responsibilities are clearly defined, and consequences for non-adherence are explained. 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, 2011). The intent of law in both society and business are important to understand as it is likely that one or both impacts one’s life on a daily basis and plays a significant role in the success of business. Understanding how one’s actions whether personal or professional can be viewed under the law is imperative and should always be at the forefront of the minds of everyone.
Congress reiterated in Section 3(c)(1)(D)(ii) of FIFRA that EPA should make administrative decisions about how much money these manufacturers would get for damages from loss of their trade secrets. Union Carbide sued because they felt that the decisions should be made by the judicial court, not an administrative agency. The U.S. District Court for the Southern District of New York held that the claims challenging the arbitration provisions were ripe for decision and that those provisions violated Article III. Standing was approved for all appellants, who took a direct appeal to the U.S. Supreme Court. Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data.
Role and Functions of Law Law 421 July 16, 2012 Dr. Stephen Loro The role and function of law in business and society is essential due in part because legal matters influence how both business and society operate. Understanding law and its purpose allows us as individuals in society and perhaps in our role in business to organize, prepare and plan our course of action. One of the fundamentals associated with law as we know it is the United States Constitution. In addition to the Constitution each individual state has an established Constitution; each has a part or purpose in the legal practices that govern us in society and in business. According to the textbook the Constitution has three functions the first being to set up a structure for the federal government and rules for modifying the constitution, second provide powers for branches of the government and third to grant protections and liberties for United States Citizens from illegal or unlawful government practices.
In our textbook, Essentials of Business Law, there is a quote that says: “In the abstract, there is agreement that business should be conducted in ways that will not harm the consumer or the environment. What is the most effective way to achieve this?” (Liuzzo 23) The question posed in this quote is the same question being faced by businesses all over the world and one that I believe a moral minimum can help answer. A moral minimum is vital in setting the standard for good business practices. In order to establish these good business practices and moral minimum, a business sets simple and mandatory rules to abide by. These rules serve as a simple guideline, and if they are followed it is assumed that they will provide the results the business seeks, but if they are not followed it will lead to undesirable
claims that this statute violates the First Amendment right to free speech for pharmacists and therefore the statute is unconstitutional. The District Court agreed, affirming that the enforcement of the statute should be stopped and the Virginia State Board of Pharmacy appealed. Issue: Whether there is First Amendment exclusion for commercial speech, when the discourse does no more than recommend a commercial transaction? Decision: Commercial speech is protected speech under the First Amendment. Conversely, some types of commercial speech may be regulated.
Roles and Functions of Law XXXXXXXX Contemporary Business Law June 01, 2013 XXXXXXXRoles and Functions of Law Many issues can be experienced for a business when resolving legal disputes regarding international transactions. Issues that may occur include signing of contracts designed to protect both parties, choice of clause, which forum to use when settling a dispute and if arbitration (if used) will be nonbinding or binding. Another aspect to take into consideration when resolving legal disputes regarding international transactions would be to gauge when the government becomes involved with the legal proceedings, and to discover if the particular countries ruling government can overrule decisions made by a business. More issues would include dominant international laws, the political situation, and culture issues that would influence the success or failure of the business venture. Some things to consider when addressing legal action against a foreign business partner based in a different/foreign country include considering the best interest of the company as well as future business ventures with the company or country conducting business with.
There are always two main perspectives – should all the subsidiaries being operated tightly follow an overall strategy or having more freedom to develop the business autonomously? This paper argues that the combination management strategy of a tight integrated and letting each national subsidiary operate autonomously would more effective. Brian (1997) stated that In the modern business environment, it is widely accepted that hiring local workers for subsidiaries can enrich the multinational elements of businesses by adding international flavour and culture to their workplaces, especially vital for those companies target at the a worldwide market such as tertiary education and trading agency. However, language and cultural barriers and misunderstandings can influence communication efficiency and result in complex situations in the workplace, including problems with safety. Usually those workers are working in their home places would naturally assume that “Everyone thinks like we do” so it is essential to provide announcement to all foreign workers properly.
The Courts of Appeals which was vacated and the case were remanded for further proceedings. The justifications that the Supreme Court gave for its decision where as follows: That Raich’s physician could not provide evidence that Raich “cannot be without marijuana as medicine” because without it she would suffer quickly or she may even deteriorate and could very well die. The Supreme Court also stated “in Gonzales v. Raich that Congress acted within the bounds of its Commerce Clause authority when it criminalized that the purely intrastate manufacture, distribution, or possession of marijuana in the Controlled Substances Act I feel that it was because the caregivers where the ones growing it because Ms. Raich could not do it herself because was confined to a wheelchair. That there is no Tenth Amendment violation in this case where Ms. Raich stated that her rights of the Tenth and Ninth among other Amendments were violated. The Supreme Court also stated “that even
 Indeed, this seemingly plainly written text is much more than just a narrative piece of work due to its inherent influence at the sentencing stage. There exists an inherent tension between the two schools of thoughts: one view among the legal academy is that such statements are no more than some maneuver to elongate criminals’ sentences or even encourage votes for death penalty in some extreme cases by evoking unnecessary emotionalism, while some argue that they undeniably convey essential information to sentencing judges and possess other advantageous effects. A literary analysis of a victim impact statement thus becomes essential – exploring the camouflaged narrative techniques as employed to explain their role in court. In this essay, I shall discuss the narrative dimension of victim impact statements in light of Booth v Maryland, followed by an analysis of whether the court should admit such statements in the sentencing phase of cases. II.
Consensus Theory CRJU: 4300-992 Dr. David Montague June 18th, 2012 Introduction The consensus theory of criminal law states that society makes its own path and that path is an outcome of social needs and values. The consensus theory’s main purpose is to satisfy a majority at large. The consensus model depends on the idea that society is an integrated whole that seeks stability. There are some laws that represent consensus among people, such as [homicide].In a consensus model, law becomes more important as society becomes more impersonal, because the law is a formalized way of enforcing previously informal social norms. Consensus theory means any area dealing with a problem where several objects must be simplified to one.