question archive Running Head: INTRODUCTION TO LAW REFLECTION The first chapter sets the ground for the course by introducing us to the legal, ethical, and global environment of doing business

Running Head: INTRODUCTION TO LAW REFLECTION The first chapter sets the ground for the course by introducing us to the legal, ethical, and global environment of doing business

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Running Head: INTRODUCTION TO LAW REFLECTION

The first chapter sets the ground for the course by introducing us to the legal, ethical, and global environment of doing business. There are numerous definitions of Law and here are a few ones. Aristotle defined law as ‘reason unaffected by desire’ (Jennings, 2021). According to Blackstone, law is defined as ‘that rule of action which is prescribed by some superior and which the inferior is bound to obey’ (Jennings, 2021). Law can be generally defined as ‘rules enacted by a government authority that govern individuals and relationships in society’ (Jennings, 2021). Law can be classified as public law, private law, criminal law, civil law, substantive law, procedural law, common law, and statutory law. Public law is enacted by authorized government body, whereas, a private law is enacted by private individuals. Another noteworthy distinction is between criminal law and civil law. Criminal laws are the wrongs against a society and civil laws are wrongs against individuals (Jennings, 2021). Substantive laws provides rights and responsibilities of the individuals, whereas procedural laws provide means to enforce the substantive laws. Statutory laws are passed by government bodies and are also called as Codified Law (Jennings, 2021). There are five main purposes of law. Laws are created to maintain order, influencing good conduct, honoring expectations from individuals, promoting equality among the individuals in a society, and finally to act like the great compromiser. There are three characteristics of law – flexibility, consistency, and pervasiveness.

In the US, the law has a set of sources and they have a hierarchical order. The sources, as per hierarchy are – U.S. Constitution, Federal Legislative Enactments, Federal Administrative Regulations, State Constitution, State Legislative Enactments, State Administrative Regulations, Countu Ordinances, City or Borough Ordinances, and finally Private Law (Jennings, 2021). Constitutional laws exists and operate at fedral and statem level and help in establishing government structure and rights of the individuals. Enactments of the Congress, Executive orders by the President, administrative regulations form statutory laws at Federal level. Similarly, state legislature enactments and state administrative agency regulations result in State Laws. Local laws are generally ordinances passes at the county or a city level. Private laws operate at individual/firm level and appear in the form of contracts, leases, and employer regulations.

Laws can also be applied internationally and are mostly custom in which they differe country by country. Treaties between two countries (bilateral) or three or more countries (multilateral) are part of international laws. Likewise, laws passed at internation conventions of countries are also part of international laws. Laws can also be set at a group level. For example – the laws of the European Union (EU). These laws are applicable over a group of countries in the Europe continent and are passed with the objective of carrying out trade without any barrier, having consistency, and having ease in transactions among the participating countries.

Graduate-level responses:

1. Franklin Felon shot and killed two people during a robbery.  Why was this act a violation of both criminal and civil law?

Criminal law deals with offenses against the public or the society, even if the direct victim of the offense were an individual. Whereas, civil law deals with offenses against individuals or private parties (like a company). Criminal cases are initiated only by the federal or state governments and civil cases can be initiated by private parties as well. In the above example, Franklin Felon shot and killed two individuals during a robbery. Since killing individuals goes against the laws established by the government for the individuals in the society, the crime commited by Franklin can be classified as a criminal law violation. At the same time, Franklin was also robbing an entity (probably a bank or other party). This crime, therefore falls under the civil law violations. Hence, the crime commited by Franklin Felon is a violation of both criminal and civil laws.

1. Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law

Constitutional law is the law defined by the constitution. Constitutional law sets the rules and guidelines for how a government should function and how it needs to be organized in order to protect the rights of the individuals in that country. Constitutional law exists at fedral and state level. One example of constitutional law is that of equal protection which requires the government to treat all individuals equally.

Statutory laws are created by the state, federal and legislatures that is composed of the elected public representatives that form laws through the medium of bills. Enactments of Congress, Executive/Presidential Orders, Administrative agency regulations, enactments or state legislatures, and local laws (in the form of ordinances passed by couties or cities) form statutory laws. For example -  traffic laws formed and enacted by states are statutory laws. Common Law is the law that is used if there is no existing statute. These laws began in England in 1066. These are non-statutory in nature and exists in court decisions for unprecedented cases. One example of common law is the law for ‘outraging public decency’.

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