In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment.
Substantive Law and Procedural Law
Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011).
The Fourteenth Amendment of the U.S. Constitution applies the Bill of Rights to the states. The Due Process clause outlines procedural laws when the government affects an individual’s life, liberty, or property rights. If the government has to interfere with an individual’s or business’s rights for instance, procedures are that they must give proper notice first. The states’ substantive power to control an individual’s rights is limited by the Due Process Clause. For example, laws passed by the state must be published and written specifically so that anyone may understand them (Melvin, 2011).
The Research paper on Individual Business Research Process
According to Business Research Methods by Cooper, D. R., & Schindler, P. S. (2014), “business research is a process of planning, acquiring, analyzing, and disseminating relevant data, information, and insights to decision makers in ways that mobilize the organization to take appropriate actions that, in turn, maximize performance” (pg. 4). There are several stages involved in the research ...
criminal law and Civil Law
Civil and Criminal law differ because criminal law is when someone would be punished for the actions they committed by the state or federal government and civil law is a matter of claiming someone’s actions caused you damages that you intend to collect. An example of criminal law is OJ Simpson being charged with the murder of his ex-wife. For the same alleged crime, OJ Simpson was taken to civil court by his ex-wife’s family and they sued him for the damages they incurred because of her death.
The criminal law amendment of 1885 has been amended several times raising the age of consent for girls when it comes to sexual acts. Back in the 1860’s, the legal age was twelve years old and since then it has been raised to sixteen in 1885 and then to eighteen in most areas of the world.
The topics this week hit very close to home with my work experience and were directly relatable to many situations I have come across in the past thirteen years of employment. There is so much fear of people not being honest in this day and age; it makes it very difficult to be a productive member of a work group in the business world.
common law and Statutory Law
Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011).
In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments expressing the will of the legislature, as distinguished from the unwritten law or common law” (Melvin, 2011).
The Essay on Civil and Criminal Actions
Civil and criminal actions involve important aspects of the justice system, but the way in which each action is dealt with is different. In the early phases of the development of the laws, civil and criminal actions were dealt with in the same manner. Over time, law makers have developed differences in these two actions. The differences between them can be made by who prosecutes the cases, the ...
These are laws written by a legislature and are usually put in place clarify a need of society or the government. The main difference between these two types of law is that common law is not a written law but more of a law based on statute. Statutory law is actual written law that is developed by a legislature.
The conclusion of the essay reveals that corporations and businesses receive protections and rights provided by laws and the Constitution. Examples provided by Team A reveal the different way laws apply to different career fields and how those laws are put to use. The definitions of the laws define the specific areas they pertain to when considering what protections they fall under. A corporation should know which laws apply to them, what the local and state laws are, and what the federal laws are. Knowledge of the laws prevents undue negligence, harm to consumers, protects a company from the potential of unnecessary litigation, and protects a company from lawsuits under false pretenses.
References
Melvin, S. P. (2011).
The legal environment of business: A managerial approach: Theory to practice (1st Ed.).
New York, NY: McGraw-Hill/Irwin.
