Eth 321 - the Role and Functions of Law

The Role and Functions of Law

ETH/321

Atty. Tanesha Blye

The Role and Functions of Law

The Role and Functions of Law

Introduction

I will be discussing the role of law and courts in today's business world. This essay will also discuss the different between federal and state court structure. Understanding the roles and functions of laws will also need to know the concepts of law, how it affects them and the society. With the current law, will explain how it affects my present job and will discuss the forms of Alternative Dispute Resolution. Law is the whole system or set of rules made by the government of a town, state, country, etc. (Merriam-Webster, 2015)

Federal and State Court Structure

        There are a few things that state and federal court separate to each other. State Court, which is also called local, courts is recognized by a state  (FindLaw, n.d.). Federal Courts are recognized in the U.S. Constitution to resolve disputes involving the Constitution and laws passed by Congress (FindLaw, n.d.). Jurisdiction defines both courts' differences. In such cases like robberies, traffic violations, broken contracts and family disputes are just examples that they tried in state courts  (FindLaw, n.d.). These cases are from individual citizens that are likely to be involved in such cases. State courts aren't permitted to hear litigations against the United States and other federal laws such as some maritime cases, copyright, patent, bankruptcy, antitrust, and criminal. Federal and state courts may have the jurisdiction that means it allows parties to pick either federal or state court (FindLaw, n.d.). In a case of robbery, the violation can be tried in state court. If a robbery in a bank that has an insurance by a federal agency, then it can only try in federal court (FindLaw, n.d.). Bringing illegal drugs in the United States is a federal crime and can only be tried in federal court.

Judicial Review

 Judicial review is the guideline under which legislative and executive movements are subject to review by the judiciary (Boundless, 2015). It means if a the state law is incompatible with a higher authority, it can be unconstitutional.  Judicial review separates power of the modern governmental system, and the principles are translated otherwise in a different jurisdiction (Boundless, 2015). This review is considered essential to power check on both two branches of government by the judiciary in the United States. According to Boundless, French philosopher Charles de Secondat, Baron de Montesquieu have first introduced the separation of powers was later established in the United States by Supreme Court verdict (Boundless, 2015). Their idea was told that no other branches should have more power than the other, which means a balance of power on other branches are in check (Boundless, 2015).