According to Heminway (2013). The commercial clause in the constitution allows the regulation of interstate business transaction the federal government. The law and courts establish standards that are acceptable in the business environment and the society. For example the guidelines regarding a contract between buyer and seller enshrined in the Uniform Commercial Code (UCC). The law also helps in resolving disputes between two business entities and between people and business entities. For example the case of Cipollone vs. Liggett Group, Inc. The legal system has much influence in the business decisions (Heminway, 2013).
The Purpose of Business Law
Business law highlights regulations and statutes affecting the roles of business, …show more content…
Federal versus California Court Structure
All of these issues are handled within the judicial system, but depending on the issue, will be handled at different levels. As noted above, there are different levels in the hierarchy of the U. S. judicial system. These courts have separate and unique structures between the federal and state level. The federal court system is broken down between trial courts, appellate courts, and the Supreme Court (Administrative Office of the U.S. Courts, 2010). This is very similar to the structure of the California state court system, which also has trial courts, appellate courts, and the State Supreme Court (Judicial Council of California, 2016). The difference between the two is in jurisdiction. The federal court system is very limited in that they can only hear matters involving federal law, disputes among states, disputes involving diversity of citizenship, and disputes where the United States itself is named as a party (Reed et al., 2016). While the federal system is significantly limited in its jurisdiction, California trial courts, or Superior Courts, are courts of general jurisdiction, and can hear civil, criminal, family, probate, mental health, juvenile, and traffic matters arising within the State of California (Judicial Council of California,
The federal courts interpret federal laws and state courts interpret state laws, which helps Nevada retain power and assists on making sure the national government does not become too strong. Close to ninety percent of cases heard in the American court system happen at the state level. Examples include: A crime that is a violation of state law such as murder, traffic violations, assault, robbery, family cases and most drug-related crimes. State courts are the final mediators of state laws and constitutions, but their interpretation of federal laws or the United States Constitution could be appealed to the United States Supreme Court. http://judiciallearningcenter.org/state-courts-vs-federal-courts/
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 federal courts have power to decide only those cases over which the Constitution gives them authority. These courts are located principally in the larger cities. Only carefully selected types of cases may be heard in the federal courts.
The Commerce Clause in Article 1, Section 8 states that Congress has the power to regulate interstate commerce itself as well as the power to regulate local commerce if that local commerce has a substantial economic effect on interstate commerce. When Congress regulates an intrastate activity, there is a test that is used by the Supreme Court that determines whether Congress actually has the right to regulate this intrastate activity with some sort of economic effect. The Commerce Clause test is one that also goes on to explain that it is not just about one instance where if there is a substantial economic effect on interstate commerce, but as a whole having a substantial economic effect. Also, if the activity does deal with interstate commerce that has an economic effect, then Congress has the ability to regulate wages and any other instance of activity which includes all workers even if the workers do not produce the commerce. Section 1001 of the PSA states Congress’ intention to “establish a nationwide program to protect the public from the adverse effects of tainted and contaminated pharmaceutical products.” Section 5001 of the PSA establishes licensing and pharmaceutical production education requirements for “individuals employed by any pharmaceutical producer” and sets maximum hours such individuals can work. One could then argue that the Supreme Court is allowed to say that Section 5001 of the PSA is within Congress’ power to set maximum hours and make people
The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as some of the distinct differences.
The criminal justice system holds trials on cases. Most cases are dealt with outside of court. If a case is significant enough and is approved, then it goes to the state court. Most cases do not pass the state court, but if someone objects to the state court’s decision, then the case may go to the federal court. Another way a case is able to be held at the federal court is if the case involves two different states and involves over $70,000. According to crash course, there are four different scenarios in which the federal courts have original jurisdiction (case goes directly to federal court without the interaction of state or local courts). In all of these scenarios the cases must be brought in an original district court. The first scenario is in cases where the law at issue is a federal law. The
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 Constitution was designed to enforce the regulation of power between the three branches of government. Though there were many clauses stating the powers of the branches of government, it was often unclear of the original intent they were meant to serve. One of these blurred clauses is stated in Article 1, Section 8, Clause 3 of the constitution.
The United States Federal Court comprises of three fundamental levels: the district courts, the circuit courts, and the Supreme Court of the United States. The district courts are federal trial courts, the first appeals go to the circuit courts, and the final appeals go to the Supreme Court of the United States. Furthermore, these three levels of courts handle both civil and criminal matters. Each has diverse result. It is essentials to know the fundamental data of three levels of the United States Federal Court framework, the contrast in the civil and criminal cases, and finally, the outcome of these cases.
The primary function and role of law within business and society in general is to provide regulation for the ability of organizations and individuals to earn (and in more than one case to spend) money. This statement is particularly true of the federal government's role in enforcing laws within the workplace and its surrounding society. While individual states have laws that must be in accordance to precepts provided for in the United States Constitution, the federal government can preempt individual state laws via federal ones, as occurred in the Cipollone v. Liggett Group, Inc., et al. Supreme Court decision. Additionally, the federal government has specifically been given regulation power of interstate commerce generally known as the Commerce Clause. Essentially, the Commerce Clause is the legal term for the invocation of Congress's right to regulate activity between, and in many instances even within, states. It can do so with a broad range of authority which allows for some fairly wide interpretations as to what constitutes interstate activity.
This essay will analyze the important clause of commerce clause. The commerce clause is a very important clause for many reasons it is also very difficult to understand. I will explain why many people think that this is a good clause, and why they think that it’s a terrible clause. I will also be explaining one of the ways this clause can concern citizens today is, because we buy and sell items more and more each day. When I examine the clause’s connection to today, I feel like the commerce clause is a good idea, because it allows our country to be at peace.
There are two broad types of courts in the US: federal and state courts. The major similarity between all these courts is that they determine what happened and what can be done about it. They are also set up to resolve disputes depending on the level of cases and crime. Nonetheless, there are many differences between the two court types (Schmalleger, 2013). For instance, the federal courts fall under the establishment of the US constitution; therefore, most of the cases it decides have to do with the Constitution as well as legislation passed by the Congress.
When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national
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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,