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Roles and Functions

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Role and Functions of Law
Kristen Edwards
LAW 421
September 10, 2012
Thomas Glenz

Role and Functions of Law What are laws and how does it pertain to the people’s lives? According to Merriam-Webster’s collegiate dictionary, law means, “a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.” It is a system of rules set by the Legislative branch of the government. This branch consists of the Congress that which is separated into two houses: the House and the Senate. The members of the Congress are responsible for passing the laws. The executive branch is composed of the President and the Cabinet. This branch is responsible for carrying out the tasks that had been set forth by Congress. The law serves many roles in our society and businesses for our protection. There is three main classifications of laws that pertain to our society and businesses such as Criminal and Civil law, Substantive and Procedural law, and Public and Private law. Criminal law is “prosecution by the government of a person for an act that has been classified as a crime” (Legal Information Institute, 2010). Civil law refers to the body of laws in dispute between individuals instead of offenses that relate to the government that which is criminal law. With criminal law, a person who commits a crime, such as murder or rape is prosecuted by the government with either fines or imprisonment or both. Civil law will pertain to individuals who have a dispute with, say a neighbor about a fence on the property line. The civil suit will take place between the individuals and their lawyers but not taken to court. Substantive law and procedural law is another category within the law. Substantive law refers to creating and defining rights and duties. Procedural law is the body of legal rules that govern the process for determining the rights of parties. Substantive law refers to the public and private law that which includes contracts, property, torts, and even criminal law. Procedural law is used to make certain cases that are brought to court are justly treated. Public law is “a branch of law concerned with regulating the relations of the individuals with the government and the organization and conduct of the government itself” (Merriam-Webster, 2003). Public law is between the state, state bodies, and the individual. Some examples of public law are immigrations and citizenship, criminal law, human rights matters, and licensing law. Private law is “a branch of law concerned with private persons, property, and relationships” (Merriam-Webster, 2003). A few example of private law contains contract and tort issues, land, company and employment law, and equity and trust matters. The three main classifications listed above affect both our society and our businesses. With these laws, we are able to have a guideline defining to us what is and is not a crime but offer us protection for both. Semi drivers have laws and rules they must follow for their company and on the road. Semi drivers have a few special laws that abide them when on the highway or in a city. For example, some city do not allow semi driver to use their jake-brakes on accordance to the noise. On the highway if weigh stations are open, semi drivers must pull into weigh stations to be sure they are not over the weight limit for the roads and bridges. Over-load semis are not allowed to drive at night as per the dangers of other cars and hazards. Semi drivers are not allowed to drive more than 10 hours per day in danger of falling asleep at the wheel and causing an accident. These laws are just a few that is needed to protect the semi drivers, their companies, and other passenger cars. In conclusion, our laws and their roles provide us with protection and knowledge of what is wrong and what is right. In our world that is ever-changing and growing in population, new bills are created every day and some will be passed into laws. Most laws that were created are common sense; there are a few criminals and dishonest people who do not seem to have common sense. So therefore, it is up to our laws and governing people to make sure the people follows the law to protect themselves.

References
Legal Information Institute. (2010). Criminal Law. Retrieved from http://law.cornell.edu/wex/criminal_law
Merriam-Webster (2003). Merriam-Webster Collegiate Dictionary (11th ed.). Springfield, MA: Author.

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