What Are the Types of Laws Businesses May Encounter and How Do They Differ from one Another?
Autor: sandraodems • November 19, 2015 • Research Paper • 334 Words (2 Pages) • 1,164 Views
What are the types of laws businesses may encounter and how do they differ from one another?
There are many different types of laws that businesses may encounter, which will depend on the city and the neighborhood where he or she plans to start their business. I found two important laws that businesses may encounter.
The first is substantive law that creates, defines, and regulates rights that may include public and private laws, contracts, torts, wills, real property, and criminal laws. This law comes from the common law and the legislative statues that is based on principles that creates and defines the rights and limitations in which society is governed. It will also determine the rights and obligations of individuals and the collective bodies.
The procedural law deals with methods and means that controls the actions of the court systems as it would determine and enforce the substantive laws. An example would be a criminal case of murder, which is a substantive law. However, the rules that govern the case with the proper conduct of the trial become procedural. The courts can determine what happens in a civil, criminal, and administrative case as the rules and guidelines are designed to ensure fairness and consistency of the due process of all cases that comes before the courts.
The difference between both laws is the substantive law deals with the substance of the charges, which is made of different elements. These elements can be certain acts needed to complete a crime. The prosecutor is must prove every element of the crime to get a convict with no reasonable doubt. The procedural law is the process the case will go through, which is determined how the proceedings will occur that will enforce the substantive law. Many of the procedural laws explore certain questions of just how much a person or business will have with a certain state before the due process lets that state levy a judgment against that person or business ("What Is Procedural Due Process?", 2010 – 2014).
...