The Roles and Functions of Laws

The Role and Functions of Law

Donna Johnson

Law/421

August 8,2016

Milton Luoma

The Role and Functions of Law

Introduction

This paper will explain the roles of the law and courts in today’s business environment. It will explain the origin’s of the US judicial system and how it fits into society.  In today’s society and organizations laws are developed as guidelines of rules to follow. They regulate the structure of our thinking and doing. Law plays a powerful representation in the success of how organizations conduct. Laws provide guidelines for ethics and sets expectations.  

Origins of the Judicial System

The organization of states are the same each have free will to adopt any systematic plan to create as many courts as it desires. Some states have chosen the option to be distinct when it comes to the three- tier at the federal level with naming courts. It has drawn some confusion, but the importance is well known. In early 18th century lawyers practiced in the English Inns of Court developing a sophisticated law. The basic business structure in the United States of sole proprietorships partnerships, restrained partnerships, qualified companies, corporation’s profitless corporations and co-operatives.  Sole proprietorships are traditionally the most basic. The advantage are no fees to pay or papers to file. The disadvantage is any profit earned is to be claimed on personal taxes. The second business structure is partnership; any income has to be claimed as personal. The general partners share the profits from the business. Limited partnerships are not held liable for any business liabilities. They are responsible to get others to join as limited partners.   Common law is the most widely use its based on customs and general principles in case law and serves as precedent. This law allows decisons to be made in court. Nonprofit are business that carry out charity, education and religious structures They seek donations from the public and apply for grants. The benefits they do not pay state or federal taxes.

Federal and State Structure

States with local courts establish from cities, counties and municipalities are recognized by a state. Federal courts are accepted under the US constitution to resolve controversy involving the constitution and laws passed by congress. Most federal court system divides into districts and circuits. Federal lawsuits begin at district level in Federal Court, most being civil that fall into jurisdiction of the federal government. Jurisdiction is the difference between federal and state court. The constitution allows to be heard by federal courts that included issues of constitutional law, certain issues with residents involved in other states problems, Conflict with US citizens and foreigners, and Issues with federal and state law cases. The court hears cases based on jurisdiction from authorization. State court cases involves thefts, traffic citations, defective obligations and household disturbance. Any cases against the US and related to certain federal laws such as scandalous antitrust, indebtedness, prominent, possessorship, and some maritime are not allowed to be heard. Texas was established by 1891, it has northern, western, southern, and eastern districts. (Texas Courts: A Descriptive Summary, 2013). The amendment selected was the maximal state appellate by the supreme court for political body in which the court of criminal appeals makes it concluding decisions in illegal elements. Court are established by a specific statue in which that court was created. In addition to the Texas state court Texas Constitution provides each county to serve as head and aides the constitutional county court with judicial functions. Legislature holds statutory county courts in the popular areas.  The court structure of Texas includes criminal and Civil, begins at Municipal and Justice levels. There are 254 counties in Texas, and 821 justice Courts with 821 judges. Justice courts are in precincts in each county. Municipal are criminal misdemeanors by fine without jail time.