Role and Functions of Law

Order Description

Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2-6, “Commerce Powers,” of the text.

Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading.

Format your paper consistent with APA guidelines.
Business and the Constitution
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Explain the federal system in the context of the U.S. Constitution.
Describe the purpose and structure of the Constitution.
List the major provisions of the first three articles of the Constitution and explain the underlying assumptions of coequal branches of government.
Identify the powers of Congress that impact individuals and businesses.
Recognize the role of judicial review in interpreting the Constitution.
Understand the various applications and limits of congressional power under the Commerce Clause.
Apply Constitutional restrictions on state regulation of commerce in the business environment.
Explain how the tax and spend powers impact business.
List the major protections in the Constitution’s Bill of Rights and explain how they apply in the business environment.
Understand limits imposed on government overreaching by virtue of the Due Process Clause and Equal Protection Clause.
Explain the right of privacy that has been recognized by the U.S. Supreme Court and Congress.
Afundamental knowledge of constitutional law is an important step in understanding the source and application of federal statutory law as well as the power and limits of government agencies enforcing regulations. Business managers and owners should also be aware of the impact of constitutional law and protections of individuals and business entities across a broad spectrum of sectors. In this chapter students will learn:
• The structure of the U.S. Constitution and individual state constitutions, and their respective roles in the American legal system.
• The specific powers granted to the government in the Constitution.
• The protections afforded by the Constitution in the Bill of Rights and the Fourteenth Amendment.
Structure and Nature of the Constitution: Federal Powers
LO2-1
The United States uses a federal system in which a national government coexists with the government of each state. An important concept underlying the federal system is that the federal government has only limited powers to regulate individuals and businesses. States are thought of as having more inherent powers to protect the general welfare of their citizenry with only general constitutional authorization.1 In contrast, the federal government’s power to regulate must be specifically granted by the U.S. Constitution. For example, the Constitution grants Congress the explicit power to collect taxes and to control the issuance of patents and copyrights.
1This inherent power of the state to protect its citizenry’s health, safety, and general welfare is also referred to as the state’s “police powers.”
LO2-2, 2-3
From a broad perspective, the Constitution may be thought of as having three general functions: (1) establishing a structure for the federal government (including qualifications for certain government offices) and rules for amending the Constitution; (2) granting specific powers for the different branches of government; and (3) providing procedural protections for U.S. citizens from wrongful government actions.
Structure of the Constitution
The U.S. Constitution is composed of a preamble, seven articles, and 27 amendments. The first three articles establish a three-part system of government with three coequal branches: the legislative branch, the executive branch, and the judicial branch. The underlying rationale for this structure is that each of the branches exercises its respective powers to ensure that one branch does not exceed its authority under the Constitution.
Specifically, the Constitution begins with a preamble stating the Constitution’s broad objectives (e.g., justice, liberty, tranquility, common defense). The articles then set out structure, powers, and procedures. From a business perspective, it is also important to note that Congress’s powers to directly and exclusively regulate bankruptcy, patents, and copyrights are set out in Article I. Table 2.1 is a brief synopsis of the provisions in each article.
Table 2.1 Overview of Articles in the U.S. Constitution
Article I Establishes the legislative branch (a Congress composed of the House of Representatives and the Senate); sets qualifications for members; grants congressional powers (lawmaking).
Article II Establishes the executive branch (president); sets qualifications for the presidency; grants executive powers (enforcement of laws).
Article III Establishes the judicial branch with a federal system of courts, including a Supreme Court; grants certain judicial powers.
Article IV Establishes the relationship between the states and the federal government; describes how to admit new states to the Union.
Article V Describes the process for amending the Constitution.
Article VI Establishes the Constitution and federal law as the supreme law of the United States over any conflicting state law; authorizes the national debt (Congress may borrow money); public officials must take an oath to support the Constitution.
Article VII Lists the requirements for ratification of the Constitution.
In addition to the creation of federal courts, the Constitution also establishes boundaries of jurisdiction. Jurisdiction is the legal authority that a court must have before it can hear a case. Both the U.S. Constitution and individual state constitutions contain language that establishes jurisdiction for certain matters to be heard by certain courts. The concept of jurisdiction is discussed in detail in Chapter 3, “The American Judicial System, Jurisdiction, and Venue.”

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Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.

Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.

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This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.

To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.

It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.

Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>

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