The Role and Functions of Law

Week One – The Role and Functions of Law

Jessica Jackson

LAW/421

Prof. Kealin Culbreath

Structure of the Judicial System

Outline of the Federal Judicial System

U.S Supreme Court

• Highest court in the federal system
• Located in Washington, DC
• Composed on nine justices who are elected by the President and confirmed by the senate
• Courts of Law and Fact

U.S. Courts of Appeal

• Middle level in the federal system
• There are 11 regional circuit courts & the District of Columbia Circuit
• Courts of Law

U.S. District Courts

• Lowest level in the federal system
• Courts of Fact/Trial Courts
• 94 U.S. district courts and the District of Columbia

The Role of Law in Business and Society

The Purpose of Law in Business

There are four principal purposes and functions of law; establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.  In business, laws exist to create a reliable standard for companies to follow.  There are laws in place that will affect how a business is formed, structured, and also how it is expected to run.  Some of the roles and functions of laws in business include protecting employees and the business owners, defining ways to resolve conflict, and provide a fair platform for conducting business.  

Federal Court Structure vs. Maryland Court Structure

        The State of Maryland has a court structure similar to the federal court structure.  In the Maryland court system is made up of the Court of Appeals (the highest court), the Court of Special Appeals (intermediate court), and the District Court and Circuit Court (trail courts).  

Alternative Dispute Resolution

        Alternative Dispute Resolution (ADR) are methods of resolving disputes outside of the court system.  Some common forms of ADR include; arbitration, negotiation, and mediation.  Arbitration is the most common form of ADR.  During an arbitration parties would choose an arbitrator to hear and decide the dispute.  Negotiation differs from an Arbitration because during negotiations the two parties involved in the legal dispute try to reach a voluntary settlement by making offers and counteroffers to one another.  There is no third party making the decision for them, however, the parties will usually have an attorney present to assist in reaching an agreeable settlement.