Role and Functions of Law
Introduction Over time man has evolved from an uncivilized primate to a technological driven working machine, but that evolution could not have occurred without law. Law gives the backbone a society needs to flourish in a civilized and more or less positive way. Although laws in most societies are not perfect, they keep society members in check and prevent chaos from running amok. In this paper I will discuss the major roles and functions of law will be discussed including constitutions, statues and common law, law classifications, and finally the different types of courts. (Mallor, Barnes, Bowers, & Langvardt, 2007)
Role and Functions of Law In order to determine the functions or role of the law in
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Examples include the rules of contract, property, and agency.
Types of Courts
In addition to the different types and classifications of law, the United States legal system also includes different types of courts. The two main court systems are federal and state. Federal courts include district courts; specialized federal courts, such as the Court of International Trade; and federal courts of appeals that hears cases under a federal jurisdiction. State courts have trial courts and appellate courts. A trial court is implemented to determine the complete facts in a case and apply the proper laws in order to reach a decision, In conclusion, a few of the most important functions and roles of laws are to peaceably settle disputes, check government power, serve the economy and society, and protect the environment. Law plays a basic and important role in keeping the peace through civil and criminal laws. In this paper I have mentioned the major roles and functions of law will be discussed including constitutions, statues and common law, law classifications, and finally the different types of courts. To gain this complete knowledge of law the roles and functions of law in business and society must be understood and defined.
References
Mallor, Barnes, Bowers, & Langvardt,(2007). Business Law The Ethical, Global and E-Commerce Environment. Retrieved from
In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches.
The U.S. District Courts, the U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are governed by Article III of the US Constitution. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. Often times than not the two
Federal courts hear cases of federal Question, cases involving the US Constitution, federal law and treaty. Also Diversity cases where plaintiffs and defendants are from different states and claims for damages over 75000.00.
The American court system has two different components: the court systems of the various states and territories and then the federal court system. Each state's court system is unique, but most of them generally follow the same basic structure as the federal court system. The first level of court is the trial court. In the United States these are the U.S. District Courts. There are also a variety of trial-level courts with specialized purposes, such as tax courts and admiralty courts.
The U.S has a dual court system including state and federal courts. The federal court system is limited and cases brought to the federal court usually involve a federal question based on the U.S constitution, treaty, or law. The federal court also takes cases that involve diversity of citizenship. A judicial requirement is that there must be sufficient stake to justify bringing a sue.The federal court system consists of a three-tiered model. It includes U.S district courts, U.S court of appeals, and the U.S supreme court. The U.S district court is where trials take place and where testimony is taken. The court of appeals reviews the record of a trial to determine whether there was an error that took place. The U.S supreme court is the highest
The American federal court system is broken up into three tiers: District, circuit, and supreme. When it comes to the court system they are broken down into several tiers in both federal and state level. When it comes to federal court vs a state court, they jurisdictional. The united states district court is the lowest level in the federal court system. In the U.S district court, they hold the original jurisdiction (where crime took place). In this court they will hear a criminal case where a federal crime has been committed. Therefore, they are heard in federal court. The district will also hear federal civil cases where someone is suing a government agency for example. If someone is unhappy with the outcome, they can bring it to the court
There are 94 different federal trial courts call District Courts. The role of these district courts are to hear civil and criminal cases. Those district courts are broken down into 12 different regional circuits, each of the 12 regional circuits have their own court of appeals. These court of appeals deals with appeals within their circuit. Those appeals are then heard and their fate is then decided based on the record that was given before the District Court. All the cases that involve juvenile issues, child custody and Dupree cases, inheritance/probate cases, real estate, as well as most cases that involve criminal prosecution, personal injury cases, disputes and contracts, as well as public health cases. Each state handle local laws, has its own police, and court system. Each court system has its own Supreme Court which is known as the court of last resort. Local crimes in cases go before their local courts and from there it's it is decided whether or not the case goes before the state, supreme, or federal court.
The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.
As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.
The federal courts work differently than most of the state courts. With the main difference being the types of cases they hear. For example, kidnapping, crimes committed on federal property, threatening the U.S. President etc. It is the starting point for federal statutes, Constitution and treaties, known as “The original jurisdiction”.
The United States court system has two primary courts, the state and federal. The two systems are enormous and complex. However, there are similarities and differences between the two in the historical development, jurisdiction, and the current structure. Depending on the case, one of these court systems will be in charge of resolving the case.
Initially, laws are difficult to design because lawmakers can’t think of every possibility, every scenario, and every obstacle that may present itself in the democracy. Despite these difficulties, laws keep society together and provide unity for the citizens. Advantages for creating laws, include, but are not limited to, providing direction for the collection of taxes, declaring clear expectations for compliance and punishment of citizens and elimination of chaos.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant
And so it helps the Government in formulating suitable laws. In pursue its economic and social policies for e.g. law and legal propositions are not find or absolute. They are in the state of becoming. Accepted norms or principles whether statutory or as principle of justice, equity and good conscience are applied again and again to test its voracity or