Role and Function of law Essay examples

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Role and Function of law
William Rigney
ETH 321
Laurie Wicker

Introduction In order to understand the role and function of the law in business and society, we must first understand the definition. Merriam-Webster (2015) defines law as: “ A binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority” (Law, 2015). In other words, a whole system or a set of rules put in place by the Government of a town, state, or country. This paper will discuss the roles of law in business and society, judiciary reviews, and the difference between Federal and state courts laws and regulations. It will also discuss the role of law in the restaurant industry.
The Difference Between Federal Court Structure and Washington State Court Structure There are numerous differences between the structure of the Federal courts and those of the state of Washington. The Federal courts use Article III of the U.S. Constitution as judicial power in the Federal court system. Section 1 of that article creates the Supreme Court and gives Congress the authority to create the lower, Federal courts. The state of Washington also uses the Constitution as well as state laws to make up the state courts, with the state Supreme Court being the highest court in the state. There is another difference and that is if someone in the Federal court is not satisfied with a ruling in a district, they can appeal to the U.S. Court of Appeals. On the state level, an appeal goes to the Intermediate appeals court. In short, states can pass their own laws, but must still adhere to Federal jurisdiction. Federal and state judges are selected differently as well. Judges on the Federal level are nominated by the President and confirmed by a Senate Judiciary Committee through a majority (How the Confirmation Process Works, N.D.). At the state level, judges are voted on by general elections. When vacancies appear, the Governor, along with the Governor’s General Counsel, select, interview, and appoint judges. Appointees hold their office until the following general election (Judicial Appointments, N.D.).
Judicial Reviews Judicial reviews happen when a court of a higher level review other cases that involve laws and can render such laws as invalid if they are found in conflict with higher laws, like the Constitution. This is an important part of our checks and balances system that limit the authority of our legislative branch. The power of the judicial review was established in 1803 by the case of Marbury v. Madison, in which John Marshall established this principle by suing for his appointment as Justice of the Peace. Stating “A law repugnant to the Constitution is void.”, John Marshall, for the first time, declared a law unconstitutional. This case, and many like it, put the U.S. Supreme Court into a fixed position in our political system (Marbury v. Madison, 1995).
Laws and Regulations That Affect the Restaurant Industry Before a restaurant opens, there are several state and Federal laws and regulations that must be addressed. With some modifications, Washington adopted the 2009 FDA Food Code. This code was developed with input from members of the food service industry, science, and safety regulators throughout the country. It incorporates the latest knowledge of science and technology and serves as the basis for food service rules (Retail food code, N.D.). Other regulations include zoning laws, licences and permits such as a liquor licence, know