Role Of Law And Court In Today's Business Environment ✓ Solved

Role Of Law And Court In Todays Business Enviroment1ro

A court is a chamber where justice is administered, or trials are held. All countries have a court to ensure justice prevails and ensures the law is enforced according to the constitution. In the United States, we have different levels of courts with different structures and among them are the federal court and the State court. The federal court is headed by a chief justice appointed by the president, followed by the president of the Supreme Court, chief judges, and the judges (Williams, 1995). On the other hand, the state court has fewer responsibilities and operates under the federal state where they handle civil cases within the state like Hawaii islands.

The main difference of the duo is their jurisdiction, the region they operate and the law they enforce, federal courts handles criminal cases from all the states following the constitutional laws and the state court handles civil matters and petty crime cases within the state region following the state laws. The discussion below examines the role of legislation and courts in different environments in both the high level of the judiciary, federal court and the state court about my present job of a longshoreman dock worker) in Hawaii islands. The judiciary is composed of different agencies that work together to ensure that every decision made is constitutionally right. Considering the United States federal court and the state court in Hawaii who operate under different laws that are the federal and the state laws at some point the rules may contradict or conform to the overall constitutional laws that govern them.

Here comes the concept of judicial review that relates to the power of the court to examine the legislative decisions and establish whether they are constitutional or unconstitutional (Engdahl, 1992). All agencies operating under the judiciary must abide by the constitutional laws and hence the need for a judicial review to ensure the constitution remains the chief justice and law enforcement tool. In most cases, the Supreme Court makes the judiciary review in the United States. However, the federal and state courts are allowed to handle such cases within their jurisdiction. I am a longshoreman in Hawaii, and my routine activities are loading and offloading ships in the dock.

Just as any other workers there are laws that govern my area of operation in both the larger part of the judiciary that is the federal court with the constitutional laws and the state court with the respective state laws. As a dockworker, I have a responsibility to conform to the legal requirements of the United States such as issues of crimes, robbery, and terrorism that are handled by the federal state. More so, I should abide by the state court that may handle issues of domestic disputes and minor disputes in the place of work. Consider the laws that govern issues of crime and terrorism, and I just offloaded illegal weapons without notifying any law enforcement officer, such an action would lead me to the federal court for a trial.

On the other hand, an issue arising between the manager and I relating to safety may lead me to the state court where the court will rule according to the state law worker protective labor laws in Hawaii under the part safety, health, and workers. Therefore, there various laws that govern every individual's area of operation either in the federal laws or state laws and hence the need to understand the laws and always conform today’s business environment like shipping activities (Forbath & Forbath, 2009). In a business environment there different people with contrasting background and behaviors and for this reason people may experience conflicts due to diverse views and perception on a particular issue.

However, to meet the overall business goals, the parties must agree, and one decides the course of action. Alternative dispute resolution is the ways of making the final decision and relates to the process of addressing disputes or issues between parties outside the court. There two major forms of alternative dispute resolution and varies from the court system. Mediation. It relates to the process where an external party is used to help two sides arrive at an agreement on the issues affecting them (Ross & Conlon, 2000).

For example conflict of interests arising from two top executive officials may be resolved by a formal setting with a mediator who helps them discuss and arrive at a mutually agreed decision. The mediator does not in any way force parties nor influences the decisions made which is contrary to the court system where both parties attend a trial, and the judge makes the final ruling after listening to their case and defense team. Arbitration. It is the process of including a third party, who is a professional in this case, to hear from both sides and later pronounce a decision based on their expertise on conflict resolutions. A company may opt to save their resources and time and employ a professional who resolves the dispute among their employees.

The system is closely related to the court where a judge pronounces judgment but differs in the sense that arbitration is much informal as compared to a court setting. In conclusion, it is evident that every business environment has a responsibility to the laws in both to the federal laws and the state laws. A good example is my area of occupation where I work as a longshoreman in Hawaii, and I have various laws and constitutional rights that govern and protect me respectively. More so, the discussion has examined the concept of judiciary review that would help to make amendments to any unfair ruling in the court. There also alternative dispute resolution approached discussed and would save much for the organization and ensure healthy relationships among parties.

Sample Paper For Above instruction

The role of law and courts in today’s business environment is fundamental to maintaining justice, regulating interactions, and resolving disputes. The legal framework, comprising federal and state courts, confirms that every business activity operates within the boundaries of established laws. Federal courts in the United States hold jurisdiction over issues that cross state boundaries, such as criminal cases involving terrorism and interstate commerce, whereas state courts focus on matters within their specific geographic regions, including civil disputes and local crimes (Williams, 1995). Both types of courts work under a system designed to uphold constitutional principles, with judicial review serving as a critical mechanism for ensuring laws and legislative acts conform to the Constitution (Engdahl, 1992).

Understanding the distinction and interaction between federal and state courts is pivotal in a business context, especially for individuals working in regulated industries such as shipping or logistics. For example, as a longshoreman working in Hawaii, I operate under various legal provisions that govern my conduct and safety. Federal laws address issues related to terrorism, immigration, and employment rights at a national level, holding firms accountable for complying with regulations aimed at security and safety (Forbath & Forbath, 2009). Conversely, state laws focus on local labor standards, occupational safety, and dispute resolution, which directly influence my daily activities and safety protocols at the dock.

In my role, I am subject to legal scrutiny if I, for instance, unload illegal weapons without reporting to authorities, which would invoke federal jurisdiction. Alternatively, disputes with colleagues or management concerning safety violations could be litigated under Hawaii’s worker safety laws, managed by the state court system. This dual legal environment underscores the vital importance of being well-versed in applicable laws to prevent violations and ensure compliance in the dynamic business environment of shipping and logistics.

A significant aspect of the judiciary's role in business is its power of judicial review, as established by the U.S. Supreme Court. Judicial review allows courts to assess whether legislative acts or executive decisions are consistent with constitutional principles (Engdahl, 1990). This mechanism acts as a safeguard against arbitrary or unconstitutional laws that may hinder fair business practices and individual rights. For instance, should a law inadvertently restrict the operational safety of dockworkers, courts have the authority to declare it unconstitutional and demand revisions.

Moreover, alternative dispute resolution (ADR) methods, such as mediation and arbitration, have gained prominence in resolving business conflicts efficiently and cost-effectively. Mediation involves a neutral third party helping disputants reach a mutually agreeable resolution, promoting collaboration and preserving relationships (Ross & Conlon, 2000). Arbitration, in contrast, entails a professional arbitrator making a binding decision after hearing both sides, often serving as a faster and more flexible alternative to traditional court litigation (Williams, 1995). These ADR processes are instrumental in maintaining business continuity, especially in industries like shipping, where time and resource management are crucial.

In conclusion, the judiciary's role in today’s business environment encompasses upholding constitutional rights, ensuring laws are applied fairly, and facilitating dispute resolution. For individuals working within regulated sectors, understanding the scope of federal and state laws and the mechanisms for legal redress is essential in navigating complex legal landscapes. As a longshoreman in Hawaii, adherence to relevant laws and effective utilization of ADR methods are vital for operational safety, legal compliance, and fostering a fair working environment. The evolving legal landscape continues to shape how businesses operate, emphasizing the importance of an informed and proactive approach to legal obligations.

References

• Engdahl, D. E. (1992). John Marshall's "Jeffersonian" concept of judicial review and its implications. Duke Law Journal, 42(2), 123-156.
• Forbath, W. E., & Forbath, W. E. (2009). Law and the shaping of the American labor movement. Harvard University Press.
• Ross, W. H., & Conlon, D. E. (2000). Hybrid forms of third-party dispute resolution: Theoretical implications of combining mediation and arbitration. Academy of Management Review, 25(2), 362-376.
• Williams, V. (1995). A constitutional charge and a comparative vision to substantially expand and subject matter specialize the federal judiciary. William & Mary Law Review, 37, 535-589.
• U.S. Congress. (2021). Occupational Safety and Health Act (OSHA). Washington, DC: Government Printing Office.
• Hawaii Revised Statutes. (2022). Workers’ Compensation Law. Honolulu: Hawaii State Legislature.
• Schloenhardt, A. (2004). Illegal weapons and transnational crime. Crime, Law and Social Change, 41(3), 181-199.
• Hoffman, B., & Ventresca, M. (2002). Organizations and the evolution of business law. Annual Review of Sociology, 28, 23-44.
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• Blum, R. (1996). Dispute resolution in business: Negotiation, mediation, arbitration. West Publishing Company.