Functions of Law

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Role and Functions of Law
Nicholas B. Seay
LAW/421
February 4, 2013
Valentine Castillo

Role and Functions of Law

When it comes down to understanding law, most individuals have a better understanding of how criminal law plays a role in society instead of civil law. Modern law helps regulate business and individuals in a combination of constitutional law, statutory law, common law, and administrative law. These are also known as the primary sources of law as each can be used together or by themselves (Melvin, 2011). The following is a breakdown of these forms of law and how they apply to businesses that helps drive the society we know today. Constitutional law is the foundation of all other laws in the United States and is supreme law of the land. This law helps to regulate interstate commerce and sets limitations on a state’s authority to tax products and services in commerce. According to Melvin (2011), the powers that generally impact business owners and managers under constitutional powers are to regulate commerce, taxing the citizenry, commercial entities, spending of government funds, bankruptcy, patents, and copyrights. Statutory laws are divided into three levels; one being federal, second is state, and the third is at the local level. At the Federal level the U.S. Congress can pass a statute or bill at a two-thirds vote. State level or General Assembly passes statutes that regulate motor vehicle laws, business corporation and partnership laws whereas at the Local level or Ordinances regulate zoning, health and safety regulations on local merchants. The next two types of law are looked at on a different scale, yet they also have an important role when dealing with business. Common law is a principle based on resolutions between parties as it sets standards for other courts to follow when a similar dispute arises. The last of these laws is the Administrative law, which is a source of law gives authority by executive branch agencies...
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