Roles Of Law Essay

847 words - 4 pages

Roles and Functions of Laws
Kevin Ivery
Law 421
November 10, 2014
Nikki Chtaini

Roles and Functions of Laws
As I have learned throughout my years of attending some form of public education, there has always been a governing body that has instituted some type of law that people and business must abide by. Traces of law that has govern authority can be traced all the back to the beginning of time. The functions and the role of law for business and society differ now in the 21st century. With the endorsement of the 10th amendment, Federal and state powers were separated, which lead to the birth of the Commerce and Supremacy Clause were born. Businesses have headquarters located ...view middle of the document...

S. Constitution provides that valid federal laws (those made pursuant to Congress's constitutional authority and that are constitutionally sound) are always supreme to any conflicting state law. This clause prohibits any state law, which may conflict with any federal law, to become null and void. The Supreme Court effectively used the Supremacy Clause when they ruled in favor of Honda during the Geier v. American Honda Motor Company case. The Court ruled that, because the injured party's case depended upon a claim that auto manufacturers had a legal duty to install airbags and the violation of that duty resulted in the injury, the state common law could not coexist with federal law that specifically allowed auto manufacturers to opt not to install airbags in favor of another type of restraint system (Melvin 2011). Unlike the Supremacy Clause, the Commerce Clause allowed Congress to regulate the commerce through the states. According to Melvin (2011), he stated, "Congress has the express constitutional authority to regulate (1) channels of interstate commerce such as railways and highways, (2) the instrumentalities of interstate commerce such as vehicles used in shipping, and (3) the articles moving in interstate commerce (pg. 32)." With the increase sales across the internet, Congress now has the authority to regulate these sales. Even though the transaction happens across two computers, it is a method on how the product is obtained by the buyer from the seller. This law holds the same for companies whose headquarters are in one state, and they conduct their business in other...

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