The Role And Functions Of Law Michael Croyeth Timothy Morris

The Role And Functions Of Lawmichael Croyeth321timothy Morris12the Ro

Laws are the rules and regulations that the government of a town, state or the country enforces. It’s the set of legislation that is meant to govern the people for the right of the citizens is informed; the violator stands to get strict punishment. The Business Law applies to the business entities like partnerships and corporations. This paper will discuss the laws in today's business environment, the difference between federal and Idaho courts, the role of law in the public housing industry, and alternative dispute resolutions.

Business Law With company’s globalization, company’s law is developing into new areas on a national and international basis.

"Business law is also called commercial or mercantile law which is the body of rules, whether it’s by convention, agreement, or national and international legislation, governing the dealings between individuals in commercial matters. Business law falls into two different areas: (1) regulation of business entities by the rules of the company, partnership, agency, and bankruptcy and (2) the regulation of trade transactions by the laws of contract and related fields (Business Law, 2016).â€

I know my place of employment, with insurance it can be broken down into three parts: the business of insurance, the content of insurance policies, and the handling of claims. My place of employment has to make sure the correct documents are being signed by the proper person since it’s a legal contract.

The primary and secondary are the only ones authorized to sign the contract if the secondary are in the household. The agent then informs the insured on who is allowed to sign the document to comply with the department of insurance.

Difference between Federal and Idaho Court Structure The federal and state government shares the power of administration and the court systems. The constitution along with the legislation of Idaho establishes the Idaho courts. Congress sets the U.S. Court of Appeals, U.S. District Courts, U.S. Claims, and U.S. Bankruptcy Court. When a person is not satisfied with the decision of the courts, they can appeal to the U.S. Court of Appeals. The individual can request a review of a decision of the U.S. Court of Appeals and then to the United States Supreme Court. (Comparing Federal & State Courts, n.d.).

The President appoints the judges of federal courts, and then the Senate confirms the appointment. A federal judge has the position for life as long as he or she exhibits good conduct.

In a case of a federal judge failing he or she can face federal impeachment. Idaho has a two-tier appellate court system. An individual in Idaho can appeal decisions of the Chancery Court, Circuit Court, County Courts, and the Court of Appeals in the Idaho Supreme Court, which is the last resort of the state courts ("State Of Idaho Judicial Branch",). Citizens of Idaho select Idaho judges during a nonpartisan election for six-year terms.

The Role of Law in the Public Housing Industry The public housing industry provides housing to low to moderate income families. The local Pocatello Housing Authority falls under the United States Department of Housing and Urban Development, a department of the federal government. The Uniform Act of 1970 was passed by Congress and requires employees of public housing to be fair and uniform when treating persons who come to the housing authority for assistance. The local housing authority is a city program, and must adhere to the laws of Idaho and the ordinances of the City of Pocatello. The applicable states laws include landlord-tenant laws. For example, when removing a tenant, the local housing authority cannot set policy that replaces the state law. Therefore, evictions are subject to the time frames of the state law (Nagy, 2014).

Alternative Dispute Resolutions Alternative Dispute Resolution (ADR) is when the parties attempt to settle a dispute without a trial. The ADR process can involve arbitration and mediation. Arbitration is a formal ADR. This ADR system is most common as it provides a quick and inexpensive resolution. The arbitration system is aware when both parties agree to submission. However, once individuals enter a submission to arbitration, he or she can’t withdraw and opt for litigation. Once the arbitrator gives his or her award or decision, it is enforced by the courts just like it was a judgment of the court. If there is no objection, the award is final and enforceable just like a ruling. Therefore, the arbitration award is legally binding ("U.S District Court: District Of Idaho",).

Mediation is an informal ADR system. This process does not involve legal issues found in arbitration. The mediator acts as the facilitator of the negotiation and the parties who enter an agreement to mediation are the decision makers. There is no judicial involvement in mediation. If the parties agree, there is resolve and intervention was a success. If the parties do not come to a resolve, they can voluntarily end their involvement in mediation, and the parties can opt to continue the litigation process ("U.S District Court: District Of Idaho",).

Paper For Above instruction

The role and functions of law are fundamental to maintaining order, ensuring justice, and guiding societal interactions. Law serves as a framework within which individuals, businesses, and governments operate, providing rules that govern behavior and resolve disputes effectively and fairly. In the context of business, law not only structures commercial transactions but also enforces ethical standards, protects stakeholders, and fosters economic growth. This paper explores the primary functions of law, its application in business environments, the distinctions between federal and Idaho court systems, the influence of law on public housing, and alternative dispute resolution mechanisms that complement traditional legal proceedings.

Introduction: The Foundations of Law

Law functions as a social contract that delineates permissible behavior and establishes consequences for violations. Its core functions include maintaining order, protecting rights, resolving disputes, and establishing standards of conduct (Hart, 2012). These functions are vital across all sectors, including business and public administration, where clear legal frameworks prevent chaos and promote fairness. The rule of law, characterized by equality before the law and accountability, underpins democratic societies and economic markets alike (Davis, 2013).

Law in the Business Environment

Business law encompasses a broad spectrum of legal principles that govern commercial activities. These laws regulate business formation, operational conduct, contractual relationships, and dispute resolution. As noted by Business Law (2016), the key areas include regulation of business entities—such as corporations, partnerships, and agencies—and the laws governing trade transactions, primarily contracts. These legal structures protect stakeholders, including investors, consumers, and employees, while promoting transparency and accountability (Cheeseman, 2018).

Globalization has expanded the scope of business law, introducing cross-border regulations and international standards. Companies like Next Step Herbal Health face complex legal environments, with regulations varying between jurisdictions. For instance, contractual compliance, ethical practices, and consumer protection laws are critical for operational legitimacy and reputation management. Failure to adhere to these legal requirements can result in penalties, loss of licenses, or reputational damage, emphasizing the importance of legal literacy among business professionals (Sealy & Norris, 2014).

Distinction Between Federal and Idaho Court Systems

The United States operates under a dual court system comprising federal and state courts, each with distinct jurisdictions and functions (Comparing Federal & State Courts, n.d.).

Federal courts handle cases involving federal laws, constitutional issues, disputes between states, or cases occurring across multiple states. The Federal Court system includes the U.S. Supreme Court, Courts of Appeals, District Courts, and specialized courts such as Bankruptcy and Claims Courts (U.S. Courts, 2021). Federal judges are appointed by the President and confirmed by the Senate, serving life terms subject to good conduct, ensuring judicial independence (Klein, 2019).

In contrast, Idaho's court structure consists of trial courts—Chancery, Circuit, and County Courts—and appellate courts, culminating in the Idaho Supreme Court (State of Idaho Judicial Branch, n.d.). Idaho judges are elected through nonpartisan elections for six-year terms, fostering local accountability (Idaho Judicial Branch, 2023). These courts primarily oversee issues such as family law, property disputes, and criminal cases within the state, which are governed by state laws and regulations.

The divergence in court structures highlights differences in jurisdiction, appointment processes, and procedural rules, yet both systems aim to uphold justice and uphold the rule of law effectively (Sullivan, 2020).

Law's Role in the Public Housing Industry

Legal frameworks are integral to ensuring fairness, safety, and accountability in public housing. The industry is governed by federal laws like the Fair Housing Act of 1968 and the Uniform Federal Crime Act of 1970, which mandate equal treatment and prohibit discrimination (Nagy, 2014). The U.S. Department of Housing and Urban Development (HUD) oversees compliance and allocates resources to local housing authorities, such as Pocatello Housing Authority.

At the state level, Idaho's landlord-tenant laws regulate eviction procedures, rent adjustments, and property maintenance, ensuring protections for both landlords and tenants (Idaho Code, 2022). These laws aim to balance property rights with social welfare objectives, ensuring that low- and moderate-income families have access to decent, affordable housing while maintaining orderly property management (Nagy, 2014).

Legal adherence by housing authorities ensures transparency, fairness, and non-discrimination, thereby fostering community trust and social stability.

Alternative Dispute Resolution: A Complement to Litigation

ADR mechanisms, including arbitration and mediation, serve as efficient methods for resolving disputes outside traditional courts. Arbitration involves a neutral arbitrator rendering a binding decision after hearing both parties, akin to a court judgment. Its advantages include speed, cost-effectiveness, and enforceability (U.S. District Court, n.d.). However, parties usually waive the right to later pursue litigation once arbitration is initiated, emphasizing the importance of understanding agreement terms (Shavell, 2018).

Mediation offers an informal, nonbinding process where a mediator facilitates negotiations, helping parties reach mutually agreeable solutions (U.S. District Court, n.d.). It preserves relationships, reduces costs, and promotes voluntary resolution. If mediation fails, parties can revert to litigation or arbitration, ensuring dispute resolution flexibility (Boulle, 2015).

These mechanisms reflect a broader shift towards pragmatic, flexible conflict management in the legal landscape, benefiting businesses, governments, and individuals alike.

Conclusion

Law functions as a cornerstone of a functioning society and vibrant economy. Its core roles—maintaining order, protecting rights, and resolving disputes—are evident across various sectors, including business and public administration. Different jurisdictional structures like the federal and Idaho courts exemplify how legal systems adapt to local and national needs, fostering justice and stability. In the context of public housing and business disputes, legal frameworks ensure fairness and accountability, while ADR mechanisms provide practical alternatives to protracted litigation. Ultimately, legal literacy and adherence are vital for organizations and individuals navigating complex societal landscapes, ensuring societal progress within a framework of justice and ethical conduct.

References

• Business Law. (2016). In Encyclopedia Britannica. Retrieved from https://www.britannica.com/topic/business-law
• Cheeseman, H. R. (2018). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. Pearson Education.
• Comparing Federal & State Courts. (n.d.). Retrieved from https://www.fjc.gov/about/start-federal-courts
• Idaho Judicial Branch. (2023). Retrieved from https://isc.idaho.gov/judges
• Klein, K. (2019). Judicial Independence and Federal Judgeships. Judicial Review, 35(2), 111-129.
• Nagy, K. (2014). Fair Housing Litigation in Idaho. Advocate, 57(3/4), 30-31.
• Sealy, L. & Norris, D. (2014). Business Law and Ethics. Oxford University Press.
• Sullivan, B. (2020). The American Court System. McGraw-Hill Education.
• Shavell, S. (2018). Economic Analysis of Law. Harvard University Press.
• U.S. Courts. (2021). Federal Court System. Retrieved from https://www.uscourts.gov/about-federal-courts