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How Should Companies Resolve Domestic and International Issues

Essay by   •  January 4, 2014  •  Essay  •  545 Words (3 Pages)  •  1,475 Views

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Contemporary business laws encompass many aspects and all are pertinent to operating a business. Each business must understand the laws and regulations, employment and labor, wage and taxes, the models of law, and which laws they are bound to whether local or international. The previous week introduced the class to the different types of law and their structure. It almost seems that laws come in pairs and operate as yen and yang. The team outlines the differences as follows:

Procedural Law is based on rules that govern the court to process a case. Procedural law determines if the case goes to trial and how to enforce substantive laws. Substantive law deals with the fact of a case and how to handle the fact. Substantive law determines what crime can be charged. Procedural law protects the rights of business and organization by giving them the right to have a jury trial. Also Procedural law set time limitation on filing civil or criminal suit. Substantive law provides certain right to business and organizations for laws that are within the criminal code. Procedural and substantive laws are both complicated and knowing how they work will help any case in the judicial system. An example would be a company paying a customer for fraudulent transactions if the customer is willing to sign an affidavit. The affidavit is a legal document stating the customer did not participate and is unknowing of the fraudulent transactions.

When examining crimes and punishment of criminal offenses, criminal law is the basis that is used. The intent of criminal law is to bring order and stability to state and society by convicting offenders with their punishment being a deterrent from future crimes and offenses. Crimes and offenses common to criminal law are theft, drug offenses, assault, and taking human life. In a criminal case when a satisfactory result can not be reaches civil law comes into play. Civil law addresses individuals and or organizations and as a result the victim receives monetary awards. Example most commonly associated with civil laws is disputes between renters and tenants, divorce settlements or offense personal in nature. 1, 4, 5, 7 and 14 amendments of the U.S. Constitution were written to protect business organizations and support their rights.

Common law addresses negligence and the selling of goods. Common law establishes guidelines for disputes that arise between parties and that can arise again. One example of common law would be a husband and wife are separating a common law court would help them determine who is entitled to what. Another example would be if a patient tried to sue a hospital for an injury sustained during their stay that was caused by negligence on the hospital's behalf.

Statutory law is created by a legislative body and approved or disapproved by the executive branch. An example of statutory law would be a written binding agreement to sell or purchase goods from an intended person/party. The



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