Role and Functions of Law

Role and Function of law

Brandy Edmondson

ETH 321

09/12/2016

Charles Hughes

Role and Functions of Law

        The role of law one must understand the meaning of the term law.  Law is system of rules that particular county or community recognizes as regulating the actions of its member and may enforce by the imposition of penalties.  Laws are normally structured to help communities and its members to implement the rules of the court.  This paper will discuss the difference between federal and state court and the laws and regulations, it will cover the roles of law in businesses and society, judicial review, and how law impacts and plays a major role in my current job as a server.

Federal and State Courts:  how they are different

        “When defining how law is interrupted we must take a look at the federal court systems verses the state court systems. Although there a several difference between the federal court structure and the state’s court structure according to Melvin (2011) the U.S. system of government recognizes two distinct levels of government and, therefore, there are two levels of courts aligned to that structure.”  There are numerous differences between state and federal courts.  The federal court systems use the Article III of the U.S. Constitution as judicial power in the Federal court system.  In Section I of that article, it creates the Supreme Court and gives Congress the authority to create the lower, Federal courts.  In the state court can pass their own laws at state level and the communities must adhere to the state law and will still need to adhere to the Federal law.  The Federal court judges are nominated by the President and the confirmed by the Senate.  At state level judges are voted on by the general elections.  There is another difference if someone in the Federal court is not satisfied with a ruling in a district; they have the right to appeal to the U.S. Court of Appeals.  State level as appeal can go to the Intermediate appeals court to be heard.

Judicial Reviews

The power of the judicial review was established in 1803 by the case of Marbury vs. Madison, in which John Marshall established this principle by suing for appointment as Justice of Peace.  “A law repugnant to the Constitution is void.” John Marshall, for the first time, declared a law unconstitutional.  A judicial review is when a court of a higher level review other cases that involve laws and can render such as invalid if they are found in conflict with higher laws, like the Constitution.  It is important part of our checks and balances system that limits the authority of our legislative branch.  

Laws and Regulations That Affect the Restaurant Industry

        There are many state and Federal laws and regulations that will be addressed before a restaurant opens.  With some modifications, Washington adopted the 2009 FDA Food Code. This code was developed with input from members of the food service industry, science, and safety regulators throughout the country.  The latest knowledge of the science and technology and serves as the basis for the food service rules in the Retail food code, N.D.  Washington adopted the 2009 FDA Food Code to developed input from the members of the food service industry, science, and safety regulators throughout the country.  A restaurant has to regulate the zoning laws, licenses, and permits such as a liquor license if the restaurant is to serve alcohol to customers.  There is a check list that a new restaurant can go by to ensure the restaurant meets all the required laws and regulations by the state and Federal.