- Identify and discuss the various functions of law. Why are these functions important from a business’s or corporate perspective? Provide examples
The law is defined as a set of rules that governs a society. The rules are in most cases enforced by threat of penalty. In essence, the law helps in regulations which help in governing the conduct handling disputes and dealing with criminal activities. The law performs numerous roles in both the society and in the business world. These roles are classified into three broad sections which include the criminal and civil law, Substantive and Procedural Law and public and private Law.
Criminal and civil law
This law enables the public, government authorities prosecute the public commitment of crimes. On the other hand, the civil law is the law through which
Private parties bring lawsuits alongside one another, and for actual or fictional crimes. For instance, the criminal law is applicable when an individual hits another with his car, while the civil law handles cases such as, when an individual hit would sue the driver the car for financial gains.
Substantive and Procedural Law
The substantive laws refer to the social rights and responsibilities of duties which the government uses to govern a body of a group of people. On the other hand, the procedural law represents the guidelines through which government courts handle the breaches in a substantive manner. An example of a substantive regulation involves hitting someone with a car and then running off. This amounts to crime and consistent for personal responsibility.
Public and Private law
This is a foundation of rules that help in defining the relationship the relationship amide government and the individuals or people, and on the other hand, the private law refers to a set of rules that individuals or groups socialize with one another. An example of the public law includes the constitutional, criminal and administrative. On the other hand, the private law covers sectors such as the contracts and property.
Now, having considered the roles of law, the functions of law can be summarized. The functions of law include establishing standards in the sense that, there exists a code of ethic and conduct that is universally acceptable. This gives a sense of direction to a group of people. For instance, it can be argued that the crimes that exist are as a result of human behavior. The crimes are determined by a state body and set its tolerance level. The other function is that of maintaining order, which is an offshoot of sustaining the already set standards. The other role of the law involves dispute resolution through a formal approach, which is the court. In addition, the law helps in safeguarding the people’s liberties and rights from injustices and unreasonable disturbance. An example in the US, first amendment to the constitution prohibits the government from altering any amendment concerning the human rights and liberties.
These functions are critical to business because in the event of a disagreement a legal solution will be sought and these laws will be used. An example a disagreement between partners of a partnership firm. They will be compelled to seek redress firm the courts.
- Define and distinguish the difference between a copyright, trademark and licensing? What factors might an individual or business, consider in determining whether to file for a patent or to maintain a trade secret?
A copyright refers to a slogan or design or an integration of the two components, which help in categorizing the products of one party from another. The foremost function of a trademark is to prevent unhealthy competition through the application of a test aimed at confusing the consumer and offers the rights and curables to the trademark owner.
A trademark refers to the kind of protection offered to the authors of original books. These works involve the American literature, classical literature, music and particular intellectual work. These works can be either published or unpublished.
Licensing refers to the legal and official permission to own or carry out something. The licensee is granted the license upon complying with the set rules and conditions.
The differences that exist between a trademark, a copyright and a license include; whereas a copyright contains identifiers of commercial products, which helps in categorizing from other brands in the market, the trademark is attributed to a kind of protection mechanism which prevents other unauthorized persons from using the products. The kind of protectionism attributed to the copyrights prevents other people from disconcertingly using a similar mark, however, it does not have capacity, prevent others from producing the same products fro sale or consumption.
In the case of registration of a copyright the registration or filling cost is relatively small, the time of getting registered is short. In addition, the extent of inspection by the copyright office is restricted to certify that the registration application is properly completed and appropriate copies are attached. On the other hand, the period to obtain registration is relatively longer, the examination by the Trademark office includes a functional evaluation of the hypothesis conflicting marks which are found to be comparable. The process of the copyright registration is purely administrative, while that of the trademark is adversarial.
The process of a of license, registration requires inspection of what to be licensed and the payment of the license fee. Upon registration, one will be required to renew after a certain period of time. A fee is paid to this effect.
In the case of the factors might an individual or business might consider in determining whether to file for a patent or to maintain a trade secret, includes the fact that the patent holder may need the similar information from the others. In addition, in the case of inventions which are not patentable or of dubious patentability.
- Discuss the steps from beginning to end in the life of a lawsuit. When can a case be appealed? Discuss the relationship between state and federal law. Define the term stare decisis and identify the steps in the statutory interpretation process.
The first step is the complaints and summons, where the plaintiff files a complaint against the respondent and asks for a summon to be referred to the respondent. The second step involves the respondents’ feedback which is done within 20 days. The third is the Counterclaim, where the defendant has a claim against the defendant, he ill be required to make such claim. The fourth step is discovery, where both parties are allowed to use discovery to gather relevant information about the case. The fifth step Trial or Bench trial, where both parties have a chance to participate in a jury trial. The sixth step is judgement, where the court makes its official announcement of its decision. The seventh stage is motions after the trial and appeals, where the losing party can ask for a new trial and make other nations in a bid to convince the judge to alter his judgement. Then both parties have a right to proceed to the Court of Appeal, in the event the appeal is granted.
The federal law is the overall law that gives direction to the state law. The state law can operate independently, however, can not supersede the federal law. The state law governs particular affairs of the states, while the federal law governs the whole nation.
The doctrine of stare decisis implies that, “ to stand by deciding matters”. This is in reference to the verdict of a higher court within the same jurisdiction area of operation acts as a requisite power of a lower court in the matching jurisdiction. Some of the steps in the statutory interpretation process include
