Role And Functions Essay

875 Words Mar 31st, 2015 4 Pages
Role and Functions of Law
Chip Smith
ETH/321
March 16, 2015
Tonia Cutchin
Role and Functions of Law

Within this writing assignment I intend to discuss the roles of law and courts in today's business environment, differentiate the federal court structure with your state's court structure, discuss the concept of judicial review, and explain how laws or regulations affect my present industry.

The role and function of law and the court system in today’s business environment is that of a mediator, peace keeper, and enforcer. “The roles of the judiciary are to (1) apply rules of law and principles of equity equally to settle cases and controversies, and (2) review the decisions of trial courts and the actions of the other branches of
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“One of the central concepts in federal Constitutional law is the notion that federal courts have the right to invalidate state or federal laws that are inconsistent with the U.S. Constitution in some way. The U.S. Supreme Court is the ultimate judge of federal constitutional law. This authority was established by the Court in the landmark case of Marbury v. Madison in 1803. In Marbury, the Court explicitly ruled that (1) the Constitution was superior to federal and state statutes, and (2) when there is a conflict between the Constitution and state or federal law, the Court has the authority to strike down the law as unconstitutional. The Court based these conclusions on the judiciary branch’s enumerated powers found in Article III, § 2 which includes authority of matters arising under the Constitution or “laws of the United States.”3 Marbury, although decided over two hundred years ago, is still considered valid precedent, and federal courts regularly cite the case as a source of authority for the power to invalidate a law that is in conflict with the Constitution. Over the better part of two centuries, the Court further defined its judicial review authority, including the power of federal courts to review state court decisions to the extent that the decisions involve federal law or federal constitutional issues.” (S.P. Melvin, 2011) Jurisdiction is not limited to geographical areas, it is also governed by subject
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