In this essay, first the arguments of the Federalist Paper and the Supreme ruling of Marbury v. Madison will be discussed. Then these two sources will be compared and the similarity and difference will be clarified. Finally, the necessity of judicial review in the checks and balance system and its importance will be proved. One of the most important features of the jurisdiction, Hamilton stated, was the complete independence of the branch from the other two branches. The tenure in which the judges hold during good behavior is their biggest protection and creates the separation from other branches.
Role and Functions of Law Paper September 27, 2012 Esmeralda Herrera Law/421 Stanley Santire University of Phoenix To understand the roles and how laws function, people must understand the theory of law and how it affects society and businesses. Law is described as the main beliefs and system that is established by a community and is ordered by higher authority; it applies to the people within that community. It does not matter which form of law it is, if it is in the form of legislation, custom or policies laws are appointed and enforced by judicial decision. If laws were not available to follow, society would not function in the manner that they normally do because law
On the other hand, because corporations are considered legal persons, courts use the same principles to determine whether it is fair to exercise jurisdiction over a corporation. A corporation normally is subject to personal jurisdiction in the state in which it is incorporated, has its principal office, and/or is doing business. Courts apply the minimum-contacts test to determine if they can exercise jurisdiction over out-of-state corporations. The minimum-contacts requirement is usually met if the corporation advertises or sells its products within the state, or places its goods into the “stream of commerce” with the intent that the goods
The forum in which the dispute will be settled is also a vital consideration. Culture and ethics may play a big role in the decision of the forum. Possibly jurisdiction may be considered as well? What factors could work against CadMex’x…………………………………… “Dealing with foreign laws could pose a problem----we need to have someone with relevant expertise in Candorean law and extensive knowledge of international business. Why hose local laws, when there are well accepted international laws for such transactions”.
Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not all economic. His view was that legal developments were driven by the constant tussle between individuals and groups within society to have their interests portrayed and supported by the law. He expressed that law could be used in self-interest by individuals and groups in order to achieve advances in their own purposes. As a result, the law acts to determine the true balance between different interests by examining the value of each. The American legal scholar, Roscoe Pound, was influenced by Jhering.
CHP 5. 6 QUIZ 2 Question 1 | Some constitutional protections apply to business entities. | | | | Correct Answer: | True. | | | | | Question 2 | | | Holly, a lawyer on the staff of International Group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on: | | | | | Correct Answer: | the consequences of an action.
One of the main objectives of the simulation was addressing some of the potential legal and ethic issues resulting from such a partnership. While developing a contract that meet each company needs and offered protection to property rights and potential disputes. In working through the simulation some of the issues involved with working with foreign business are the legal system. An organization dealing with legal issue in a foreign court run the tendency of the case reviewed quickly resulting in facts being overlooked. Another issue is the difference is two countries law what is able to stand-up as proof
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.
Every company involved must do its part of resolving any legal disputes, such as drafting a choice-of-law clause. Drafting this clause is a good beginning because it helps both parties protect and define specific laws. If a legal dispute does arise both parties may want to consider other options before taking any legal actions, options like; the original contract, the partnership, relations and investments with the country in which the company is located, and government laws where business is transacted. A factor that may not have a favorable outcome
Role and Functions of Law Paper Gabriel Berumen LAW/421 March 25, 2015 Prof Danielle Diaz The Function and Role of Law in Business and Society There are many factors that build up and affect business and society. Law plays a big role in these two and in many other subjects. To understand the role it plays, we must first have an understanding of what law is. There are a plethora of sources you can check to get a definition for the term. Melvin (2011) “Law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.” (Melvin, 2011, Chapter 1).