Role and Functions of Law, role and Functions of Law, there are several different functions of laws; however laws were designed you have just one role. Laws were designed and set into place to govern a set a rules that each individual is expected to follow, whether pertaining to society or to a business. Laws are set and new ones are always being approved, so that there can not only be a consensus on what is right and wrong, but also so there can be a decision on when to punish someone and how to determine whether they have. Law has an extraordinary role in a successful operation of how a business may run and how a society comes together as one. Laws help control social behavior which helps lead to a society that is ran in an efficient type of way. Laws were put in place to set rules of conduct, different ways to enforce those rules, a mean for settling misunderstandings or disputes, and to supply ethical expectations and standards. Some other important functions of laws are: they outline what the government can do and what it cannot do; brings out justice in society; facilitates orderly change; peacekeeping; and they promote economic growth.
Essay samples Database, essay zoo
Lastly, as democracy leaves sufficient scope for different opinions and beliefs, sometimes thee arise two almost equal forceful opinions, contradicting and conflicting with each other, holding out little chance of compromise. At this time, judiciary being regarded and respected as independent and impartial, the judicial verdict is generally adopted by all and the crises are resolved. However, the role of the judiciary is generally limited because of the balance of power tilting towards legislation in most of the democratic systems. The legislature and the executive combine to demoralize the judiciary on the one hand and make it committed to the others. Also there is a section of people who are enraged over the aggressive developments brought into focus by the judiciary the new judicial crusade against corruption in high places has sent shock waves all over the country and many legislatures are expressing alarm in what. But actually this should not be considered as the judicial activism, in fact, these are the corrective measures taken by the judiciary. The constitution itself has given the judiciary over-riding powers. The Indian judiciary has upheld great values enshrined in the Indian constitution. The needs of the hour are restraint and conformity to the letter and spirit of the constitution both by the judiciary and politicians. A free judiciary can only exist in a political system in which democratic principles are truly believed in and acted upon by all alike. In return, the judiciary in a democracy should have the courage to protect its independence statement and deliver impartial judgments free of fear hypothesis of repercussions on career and prospects.
Sometimes even the bare minimum of freedom needed by those on power, because this power is concentrated in the hands of a really single individual or a small group of people. As legislatures and executives are generally dominated by the same party, they also enact and act without any regard to the peoples will and interests. In this situation the judiciary remains the only institution to which individual may appeal for help and once the verdict goes against such an enactment, the executives and legislature are expected to retrace their steps if the democratic norms have to survive. Advertisements: The role of the judiciary came to be increasingly emphasized only when the democratic principles began to disseminate in the nineteenth century and as democratic governments began to be set up in the twentieth century. Today there is a wide-spread support and enthusiasm for the assertive posture adopted by the courts. It is because in a democracy the constitution is more steadfastly abided by because of its paramount nature in the political set-up. The judiciary sees that the constitution is not isolated and disgraced. Also hen a constitutional deadlock renders the government helpless, the judiciary is the only institution left as the authority on the constitution to defuse the crises.
The three limbs of, democracy are the legislature, executive and the judiciary. The first formulates policy and enacts it as law, the second carries out policy in action and the third applies the law according to rules of procedural justice and resolves disputes. To guarantee freedom, the hallmark of democracy, these three powers must be separated as much as possible and balanced against each other. Image source: g, for a successful democracy the existence of a free judiciary is a must. Without an independent judiciary, the system may be practically equivalent to dictatorship. Judiciary is the guardian of the constitution which is rooted in the rule of law. The judiciary is the interpreter of the constitution. Parliament and the state legislature are creatures of the constitution and the judiciary has a duty to correct their errors, if at times they cross the limits of their powers as defined in their constitution. Mans passion for freedom is great but this passion has often been limited by the ruling authorities.
Albrecht Dürer: Art, life, and Times
Appraising has both state and federal laws to abide with, and they are constantly changing. Appraisers are required to obtain certain standards that are set forth in the Uniform Standards of Professional Appraisal Practice (uspap which is published by the Appraisal Standards board of the Appraisal foundation. If an appraiser fails to comply with these standards there could be punishment of fines, lawsuits, or loss of license. In conclusion, it is important to know the basic roles and functions of law in both society and business even though it is vast and diverse. Laws are needed to create balance and order within society and business, and they can be broken into broad categories to obtain the basic knowledge.
Another way to enhance ones homework knowledge of the roles and functions of business is to do research on prior cases or laws that pertain to a business of interest. Procedural Law vs Substantive law. Retrieved from http www. The legal Environment of Business: a managerial Approach: Theory to Practice. New York, ny: McGraw-Hill/Irwin. Retrieved from http sixthformlaw.
It includes civil law, labor law, commercial law, corporations law, and competition law. An example of Private law would be a contract for services. If someone renders a service according to the request of the client, but the client is not happy with the results and refuses to pay for this service. This agreement is legally binding and the rules of transaction are governed by the common law of contracts (Melvin, 2011). There is much to digest once reading about the categories of law and to think this is just skimming the surface.
In addition to these categories the congress is given power via the commerce Clause to regulate commerce among the several states (Melvin, 2011, p 32). If Congress chooses to regulate certain persons or products, the federal law is supreme to the state law that tries to regulate the same persons or products. In the case of Cipollone. Liggett Group, the state law regulating advertising for tobacco products were preempted by the federal law (Melvin, 2011). It is important to know how state and federal laws can affect society and business. One industry, which is under constant scrutiny, is Appraising.
Lexis Advance - online legal Research LexisNexis
We will write a custom essay sample. Role and Functions resume of Law or any similar topic only for you. Order now, it elaborates on the steps of how the case should proceed as well as assists in determining if the case requires a trial. These laws ensure fair practice and consistency in the due process (Diffen,. Last is the summary of Public law and Private law. Public law governs the relationship between individuals and the government. It includes constitutional law, administrative law, and criminal law. Domestic violence is an example of Public law. Private law, also known as common law in some countries, governs the relationships between individuals.
is a statutory law, which deals with the relationship between people or people and the state. Substantive law is used to define, regulate, and create peoples rights and obligations. They deal with the structure and the facts of the case to determine the type of crime and the severity. It also defines the rights and responsibility of the accused. For example, there are several degrees of murder, depending on the circumstances and the intent; there are different levels of punishment. On the other hand, Procedural law is a set of rules that govern the proceedings of criminal lawsuits and civil proceedings.
An act or transaction can be classified in more than one legal category (Melvin, 2011). First, laws, primarily statutes, are considered to be criminal or civil. Criminal law protects society. It is resume between private parties and society. For example, if someone is brought up on murder charges they would be tried in a criminal court of law. Violations of criminal law could result in penalties of fines or imprisonment to violators if convicted of the crime and proven to have intentionally committed the crime. Civil law is between private parties.
My father, woody Allen, and the danger of questions
Roles and Functions of Law Tanya s kleinschmidt Law 421 March 25, 2013 Walter m pence iii roles and Functions of Law Law is vast and diverse, which makes it overwhelming and confusing. The main purpose of the law is to create order in society and business. Law can be defined as the body of official rules hotel and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members, so law is a formal mechanism of social. The following will describe the function of law and what role it has in society and business in addition to looking at how law affects a specific industry. Because American law is so diverse, it is broken down into several categories. Those categories include; Criminal law versus civil law, substantive law versus Procedural law, and Public law versus Private law. Please note that these categories are broad, and they are not mutually exclusive.