...Classifications of Law There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party. 2. Public vs. Private Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit. 3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil law covers anything...
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...2014年4月18日 The Role and Functions of Law in Business and Society - Yahoo Voices - voices.yahoo.com Voices Search News Sports Tech Travel All Categories Sign in Mail Entertainment Auto Business Creative Writing Health Legal Home Improvement Lifestyle Business to Business Careers & Job Searching Marketing Nonprofit Information Real Estate The Role and Functions of Law in Business and Society Melissa Bushman, Yahoo Contributor Network Feb 10, 2007 Related Results Investment Advice Find, com pare & read real rev iews of financial planners www.StartLocal.com .au Need A Voice Over? Post a Job & Get Free Quotes Today ! Voices.com MORE: Criminal Law Civil Law Executive Orders Constitutional Law Traffic Court $1,339 Monthly Dividends Flag Post a comment This sim ple strategy is m aking m e $1 ,3 3 9 on av erage per m onth. www.GlobalDiv idends.com Sponsored Results Introduction Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social...
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...LEG100: Business Law Florida is a state which has been endowed with immense potential in regards to companies which offer their services (Jennings, 2008 ). On top of the list of some of the renowned companies within this state are companies which are in the transport sector. Businesses and those who own interests need to know their rights and obligations. What is legal? Where can I find the laws I need to know? How do I make decisions about legal conduct that, personally, is morally or ethically troublesome to me? This is because these are aspects which enable the businesses to grow and gain momentum. It is important for businesses to know the aspects of businesses which are of value. This is because these aspects enable the businessmen to work in accordance with the law. In this case, there are several purposes of business law. It is worth noting that there are two types of law. Public law includes laws that are enacted by some authorized government body. State and federal constitutions and statues are all examples of public laws, are the federal constitutions and statutes are all examples of public laws, as are the federal securities laws, state incorporation and partnership procedures, and zoning laws (Jennings M. , 2005). Private law, on the other hand, is developed between two individuals. For example, landlords usually have regulations for their tenants, and these regulations are private laws (Jennings M. , 2005). First, purposes of the law include the fact...
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...and Functions of Law . LAW/421 August 21, 2012 Role and Functions of Law In today's business and society, we, leave by rules and regulations, laws that we are all required to follow. From children to elderly, small to large organization and society there are laws in place. Law plays an important role in business and society, it impacts various faucets of our everyday life. The term has been defined in different ways ever since it was recorded. According to Sean P. Melvin, Author of The Legal Environment of Business 2011, a generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority, and have legal binding force. He said when studying law in any context, it is important to think of the law in broad terms (S. P. Melvin, 2011). Law have many sources, the usual characteristic is it creates obligation, rights, and duties that are an accepted views in a society. It is important to understand that the law provides a vehicle to fix problem arising from those obligation and duties that enable parties enforce promises in a court of law (S. P. Melvin, 2011). The functions and role of law in a business and society is very important, it plays a big role in its operation. Without the laws that regulate the businesses, the people, and society, it will not function properly and effectively, it may even fall. It is important for the businesses and its society to understand the various areas of the law and how it will...
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...Role and Functions of law When thinking of laws and what they are, one can essentially say that they are rules or regulations that make sense, they are laws that are enforce “common sense”. William O. Douglas, the longest tenured Supreme Court justice once said, “Common sense often makes good laws.” Laws serve certain rolls and functions in every aspect of life, but this paper will discuss these enforced ethics in business and society. According to Google (2014), law is defined as: “the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties.” Basically this definition is stating that the law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions, in the state and federal aspect of our country. Business and society are such broad subjects that there are many laws that contribute to them, but there are several that encapsulate these laws best. Criminal law deals with acts of premeditated harm to individual or a certain party but in hind sight are acts against us all. A crime can be defined as a deliberate or reckless act that causes harm to another person or another person’s property. Civil law deals with disputes between private parties, such as individuals with companies, land owners, building owners, family cases, etc. In these civil cases, federal and state authorities take no part or play no roles, unless the...
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...and Functions of Law Debbie Smith LAW/421 May 21, 2013 Tiffany Brady Role and Functions of Law Law is an important element to any civilized society. Without law the parameters of civilization would remain undefined. Law applies to everything in today’s society from personal life, to employment, and finally the government. The best way to describe law is a “body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (Melvin, 2011, p. 4). Therefore, laws are the basis of forming society to conduct business in normal daily operations through the roles and function of law. The laws that govern the citizens within the United States are entailed in the rights given by the Constitution of the United States. This paper will define the three specific roles of law and its function in business and society and how the law applies to employment. Definition of Role and Functions of Law in Business and Society Everything an individual does can affect the outcome and any action can be in favor of good or bad, right or wrong. The three areas of specialty roles of law are described in detail as follows: 1. Criminal and civil law – Criminal law is brought to court by the government on behalf of the people and prosecutes individuals for committing illegal acts against others or others possessions. This law is also public and can be accessed by any individual seeking information, unless a judge has ordered the case as private, specifically juvenile...
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...‘The conventional division of private and public law is to some extent a false dichotomy’. Discuss. The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship...
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...The way that the law fits in our businesses and our society, is also important. Laws are made to control out authority. The functions and the role of laws are to only maintain justice and keep the peace. Sadly not everyone feels the same way and they tend to break many of our laws. The roles of law in business today, are so diverse business law is actually broken into three categories. The first is Criminal and Civil Law. These laws, is like the title, they are taking care of the laws dealing with criminal or civil natures. Criminal laws are designed for individuals to be compensated because of a loss of someone else’s actions. Our society is what is protected by criminal law. Most of the violators are subject to prison, or extremely high fines. The second category would be Substantive and Procedure Laws. Substantive Laws provide people with social rights. The last category is Public and Private Laws. This category is when law is defining framework between the government and an individual. This is when private laws are being discussed and individuals are discussing outcomes and not many rules or regulations are involved. It is solely between the two parties. “Law plays a significant role in the successful operation of business and society” (Melvin,2011). Laws in business help provide rules and expectations. They help with ways of disputing issues, and allow individuals to have the freedom they need. Laws are important and complex. “Without laws, a country would...
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... Law is defined as rules of conduct of any structured civilization, however undemanding or minute, that are imposed by warning of penalty if they are violated. Current law has a broad clarity and regulates lots of branches of behavior." basically law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions. The is an answer to many problems in business and society today serving many roles most of them being ethical issues. Law can be categorized into three major categories in relation to business and society which are criminal and civil law, substantive and procedural law and public and private law. Criminal law is the rule through which public obligation of crime are prosecuted by government agencies, while social law is the law through which private parties may bring lawsuits beside one another for real or imagined wrongdoing. E.g. criminal law would deal with the trial of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary reward. Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case Public law is a framework...
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...Functions and Role of Law in Business and Society Introduction Law has a huge role in both business and society. It has evolved from basic morality and society cannot exist properly without it. Law most often is aligned with customs and that which society has deemed to be right or wrong (Emerson, 2009). In business, companies would have a free- for- all without it. The result would be that no business would actually be achieved. Law in Business Laws govern every aspect of business. They keep businesses running smoothly and keep them from hurting each other and the consumers. There are laws that control interstate, intrastate, e-business and, international business. They control manufacturing, distribution, shipping and employment. Patents, trademarks, and copyrights are all protected by the law. Companies can be held to product safety laws concerning product liability. Product liability is the responsibility of people, sellers and manufacturers concerning death, damages or injuries due to defective products (Wild, 2010). Another type of business law is an antitrust law that keeps companies from market sharing, price fixing, and monopolizing an industry. There are many government agencies that control business law. Some examples are the Federal Trade Commission, U.S. Consumer Product Safety Commission, U.S. Patent and Trademark Office and the U.S., and the International Trade Commission. Law in Society Laws touch every aspect of social behavior across all walks of life...
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...Public laws are any laws conducted by the state and federal laws. These laws are conducted by a branch called legislative. Private laws are a set of rules agreed upon by two parties. Public law and private laws are two totally different things. Private laws can become public laws if a contract or agreement is breached. Public laws have to be followed by everyone within in the state. There are severe consequences if the laws aren’t followed. An example of public laws includes criminal laws such as murder. Private laws would be signing a contract for a cell phone and you just completely stop paying the bill. This would be a breach of contract and you can get sued. By being sued it becomes a public law. Public laws and private laws are different by are related. In August 2002, the Department of Health and Human Services (HHS) issued a rule giving patients certain rights to control their own personal health information. The rule also describes what health workers need to do to protect the privacy of their patients’ health information. The rule, known as the Privacy Rule, is part of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Privacy Rule protects patient health information by placing limits on how patient information can be used or disclosed (shared with others). The rule applies to any health care workers who send patient health information to others electronically. (Thomas P. Christensen). The only time its ok for a health information management...
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...(a) In this case, the action for John’s culpable driving relates to the civil law and private law. The behaviour of speeding and drunk-driving which were accused by Mick Jones relates to criminal law and public law. The action that Jones ask for monetary compensation $15000 is related to the private law and civil law. (b) The possible wrongs that John Smith,may have committed are drunk-driving, speeding, culpable driving resulting in death and badly injured. Identify the branch of law involved. Criminal law is involved in drunk-driving, speeding. Civil law is involved in culpable driving and the monetary compensation for $150000. Outline how each matter could be resolved. The drunk-driving, speeding, culpable driving resulting in death should be heard in the Magistrates’ court and the judge trail system should be adopted. Because the amount of compensation exceeds the maximum limit in Magistrate’s court, the case should be heard in the upper court which is county court. Discuss what type of penalty John may face. John Smith may face both criminal punishment and civil punishment. His driving license must be revoked，and he should be sentenced for 8 years. The damage he should pay Mick is $100000. (c) Civil law is concerned with relations and dealing between individuals, organizations and governments. Criminal law is concerned with laws that aim to protect individuals and the community. In the civil case, the plaintiff would be said to ‘sue’ the defendant, the plaintiff...
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...and Social Sciences Scandinavian model: advantages and contradictions of a welfare state Anna Olkova 3rd year student 2011 Table of contents Introduction 3 Chapter 1. The role of Scandinavian model in economic theory and practice. 5 1.1. Scandinavian model in civilizational context: incarnation of integralism. 5 1.2. Scandinavia in European economy: comparative analysis 10 1.3. Cultural preconditions for the Scandinavian model formation. 13 Chapter 2. Model performance and competitiveness: distinctive features 16 2.1. The role of public sector in Scandinavian economies 16 2.2. Peculiarities of labour market in Scandinavia 21 2.3. Human capital and innovations: learning economy 26 Chapter 3. Scandinavian model: challenges and threats 33 3.1. Demographic challenge: ageing of population versus public finance 33 3.2. Paradoxes of economic growth in welfare states 36 3.3. The problem of labour disincentives and decommodification. 38 Conclusion 41 Bibliography 43 Introduction In the light of a current trend of moving towards socialization in economy, Scandinavian experience stands out, being probably a unique example of building a highly-socialized and at the same time viable economy. The image of Scandinavian countries appears to be controversial in modern economic observations. On the one hand, obviously, the Scandinavians’ performance is ranked...
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...EUROPEAN COMPANY LAW Characteristics of company law Very complex and flexible area of law in modern day society Forming a company is a popular way of making business in the market Company law has strong connections with many other private law and public law areas (tax law, accountancy law, bankruptcy proceedings, competition law) Vital area of law for practicing the freedom of establishment in the EU Difficulties of harmonizing the laws in the Member States Four company law families in Europe with strong traditions: German-Austrian model French model Anglo-Saxon model Scandinavian model Different forms and types of companies in most member states There is no mutual admission for companies formed in another member state Attempts to form an EU company law Directives related to certain areas of company law (Rome Treaty art. 50.) To ensure smooth business in the common market Unfortuntaly very ineffective Almost always basic principles of company law Not real unification of company law Regulations to form EU supranational companies Implied powers rule in Rome Treaty (art. 352) 3 EU companies governed exclusively by EU law not the laws of the Member States with at least two partners from different member states may choose these special company types free from national legislation Interpretation of the freedom of establishment for companies Daily Mail – case (C-81/87) ECJ made a distinction between primary establishment...
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...analyze whether there are differences in performance between private firms and recently privatized firms in the European Union, as well as to determine whether ownership (state-owned versus private) and regulation affect capital structure. Focusing on economic reasons that justify privatizations, we analyze whether there are differences between recently privatized state-owned enterprises (SOEs) and private firms in their profitability, leverage and efficiency during the period 1999Á2002. Also, we analyze the determinants of the capital structure of these firms. Contrary to previous studies, our results show that privatized firms are not less efficient than firms with private ownership. KEY WORDS: Privatization, efficiency, capital structure, regression, Wilcoxon test Summary In recent decades, the privatization of state-owned enterprises (SOEs) has been one of the most common policies carried out in economies worldwide and the Organization for Economic Cooperation and Development (OECD) countries have also been involved in this phenomenon. Many studies have focused on the impact of privatization on the performance of the privatized firms, but results are not conclusive. Therefore, the objective of this paper is to analyze whether there are differences in performance between private firms and recently privatized firms in the European Union (EU), as well as to determine whether ownership (state-owned versus private) and regulation affect capital structure. In consequence, we carry...
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