Roles and Functions of Law Paper
Role and Functions of Law Paper
Law 421
Kevin Hiatt
August 25, 2013
After reading the case brief and other material, I understand that the Supreme Court’s decision case shows that the preemption power of congress is to set up the laws at the states that has made to protect the public. In this paper I will be discussing the rules that effect all the states and people’s rights. Another matter that I will be discussing is reviewing the congress decisions about preempting state law for the tobacco industries which the government has supreme rule over the land which in this case protects all tobacco industries. Federal laws are rules by the Supreme Court whichever rules the start when the laws become conflicted. In the case of Cipollone verses liggett Group. Inc. it is defined that the Supreme Court’s language and result of the preemption power of congress is very narrow. The reason for this case was to show that the state law and the federal law was conflicted by advertising and marketing techniques for the tobacco industry which holds true today. Federal law is superior when it conflicts with state. The reason why the window is narrow in this case because it conflicts with the language used by the statute that directly states the requirements and regulations which was not a direct statement. However, the state law should be preempted if it does conflict with federal law. The Supreme Court ruling does not bar any resident from New Jersey or any other state, from bringing a law suit against the tobacco companies which are not informing the public resulting of hazards and health safety on each and every pack and carton of cigarettes. For example: my boss owns a bar which he sells alcohol in his establishment to patrons. In his bar he must have warning signs that are visible to the consumer which reads drink responsible and other saying drink don’t drive, also on all alcohol bottle it is visible on all labels that when consumed it might be
Law 421
Kevin Hiatt
August 25, 2013
After reading the case brief and other material, I understand that the Supreme Court’s decision case shows that the preemption power of congress is to set up the laws at the states that has made to protect the public. In this paper I will be discussing the rules that effect all the states and people’s rights. Another matter that I will be discussing is reviewing the congress decisions about preempting state law for the tobacco industries which the government has supreme rule over the land which in this case protects all tobacco industries. Federal laws are rules by the Supreme Court whichever rules the start when the laws become conflicted. In the case of Cipollone verses liggett Group. Inc. it is defined that the Supreme Court’s language and result of the preemption power of congress is very narrow. The reason for this case was to show that the state law and the federal law was conflicted by advertising and marketing techniques for the tobacco industry which holds true today. Federal law is superior when it conflicts with state. The reason why the window is narrow in this case because it conflicts with the language used by the statute that directly states the requirements and regulations which was not a direct statement. However, the state law should be preempted if it does conflict with federal law. The Supreme Court ruling does not bar any resident from New Jersey or any other state, from bringing a law suit against the tobacco companies which are not informing the public resulting of hazards and health safety on each and every pack and carton of cigarettes. For example: my boss owns a bar which he sells alcohol in his establishment to patrons. In his bar he must have warning signs that are visible to the consumer which reads drink responsible and other saying drink don’t drive, also on all alcohol bottle it is visible on all labels that when consumed it might be