The Roles and Functions of Law in Business and Society



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The Roles and Functions of Law in Business and Society

Introduction  William O. Douglas said, “Common sense often makes good law.”  Well that is what laws essentially are, rules and regulations that make sure common sense is followed.  One could even say that laws are enforced ethics.  Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.

What is law?

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated.  Modern law has a wide sweep and regulates many branches of conduct.”  Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.

Roles of Law

The law serves many roles in business and society. Where this is most apparent is in its three classifications:

  1. Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. That is, criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.
  2. Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. In other words, substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.
  3. Public and Private Law – Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through which individuals or groups interact with one another. For example, public law has subdivisions that include constitutional, administrative, and criminal law, whereas private law would cover such areas as contracts and privately-owned properties.

 

These three classifications of law affect both business and society, through not only the guidelines defining what is and is not a crime, but also through protection for both. The examples above talked about a car hitting an individual.   If it were taken one step further and the car belonged to a business, there are laws in place safeguarding the culpability of the business from the incident since though it is a company car, the company itself was not driving it. Instead the driver and only the driver would be the one at fault, and the victim would have only the driver to seek compensation or prosecution against.

 

Functions of Law

Whether it is corporate, personal, or societal, laws are created to protect the interests of the masses. According to the textbook, Business Law: The Ethical, Global, and E-commerce Environment, the most important functions of law include the following:

  1. Peacekeeping 2.  Checking government power and promoting personal freedom  3.  Facilitating planning and the realization of reasonable expectations  4.  Promoting economic growth through free competition  5.  Promoting social justice  6.  Protecting the environment

These functions of law protect the interests of individuals and businesses through a system of rules, enforced by governing bodies.  These systems of rules, as listed by Reference.com (2007), include the following areas of law:

 Constitutional – provides a framework for creating laws, protecting human rights, and electing political representatives

 Administrative – provides the means by which citizens can challenge government powers

 International – regulates the way in which nations deal with one another, ranging from trade to environment to military actions

 Contract – regulates everything from buying a new computer to selling a business

 Property – defines the rules and obligations in renting, buying, or selling property, whether it is a home, business, or land

 Tort – defines the means by which an individual or company can receive compensation if themselves or their property are damaged or harmed in some way

 Trust – defines the rules applied towards assets such as investments

 Criminal – defines the means through which any criminal act can be prosecuted and sees that the perpetrator is punished

 

Conclusion  The roles and functions of law provide rules and guidelines for just about everything one could encounter, both socially and professionally.  The law provides not only rules for those things that are not acceptable, but provides the means by which to protect one’s self or challenge injustices.  In a world that is continuously growing through populations while seemingly shrinking in size, without these rules and regulations there would be a boom in criminal actions as well as increased atrocities.  While “common sense makes good law”, criminals and the dishonest do not necessarily have common sense, and it is up to governing bodies to protect not only the innocents from the criminals, but also to protect the criminal from themselves.

 

 

References  Bushman, M. (2007).  The Role and Functions of Law in Business and Society.  Retrieved on Apr 30, 2007,   from http://www.associatedcontent.com/article/139783/the_role_and_functions_of_law_in_business.html

Mallor, J., Barnes, A., Bowers, L. and Langvardt, A. (2004). Business Law: The Ethical, Global, and Ecommerce Environment, 13th Edition.  Retrieved on Apr 24, 2007, from University of Phoenix Resources.



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“The Changing Status of Children and Self-Report”



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“The Changing Status of Children and Self-Report”

Using what you’ve learned this week, respond to the following prompts in your post:

  • According to the text, delinquency is an inherently difficult concept to measure. Discuss two (2) of the main challenges with measuring self-reports from delinquents. Next, describe the methods you would utilize to overcome these challenges.
  • African-American juveniles account for a disproportionate amount of all juvenile arrests for serious crimes. However, white juveniles are arrested more often than African-American youths. Furthermore, self-reports indicate that African-American and white juveniles commit similar amounts of delinquency and lower-class youths are more likely to commit serious offenses. Based on these statements, explain what these facts would mean to you if you were working as a Juvenile Justice professional. Next, recommended two (2) programs you would provide to your presiding Judge whom you work for. Provide support for your recommendations.

 



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STORYTELLING is a technique or communication methods by which entrepreneurs apply to investors and customers introduce and promote theirs product.



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ENTREPRUNERSHIP

STORYTELLING is a technique or communication methods by which entrepreneurs apply to  investors and customers introduce and   promote theirs product.

Using the technique above Descript the appropriate  methods of communication you will use for your customer and investor  to introduce your product in the market when running a business that the main objective is to sale  automobile parts in a west African country.

I need it for 1/03 before 1pm Houston time.



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“Individual and Organizational Learning” Determine the salient impact of an organization transitioning individual learning into organizational learning



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“Individual and Organizational Learning”

  • Determine the salient impact of an organization transitioning individual learning into organizational learning. Next, argue whether a behavioral approach or a cognitive approach would be more effective in the transition in question. Justify your response.
  • Choose two (2) mystifications (i.e., multiple parochial disciplines, treating organizations like people, visionaries and skeptics, chic and mystique, and active mystification). Then, examine the extent to which the two (2) chosen mystifications exist in your organization or an organization with which you are familiar. Justify your response with at least two (2) specific examples of the selected mystifications.


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Many mergers fail due factors such as poor motivation, management styles, uncertainty of long-term goals, and poor communication among others.



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Using the same scenario as Week 1 of this Discussion, answer the question in bold below:

In describing three key elements of your merger plan, explain the sources of power that will be available to you and upon which you will draw to help achieve a successful merger.

 

 

My Week I Discussion was as followed:

 

Many mergers fail due factors such as poor motivation, management styles, uncertainty of long-term goals, and poor communication among others. Merging the two organizational units creates uncertainty for the employees of both groups (shrm.org, 2016). Employees may fear changes such as layoffs that could significantly influence productivity. Additionally, tension from members of the newly formed group, especially, if the groups were competitors, could significantly influence employee morale and commitment affecting productivity. If the takeover from the previous manager was hostile, then facilitating the change process could be a challenge to the new manager.

Long-term changes such as changing roles could occur due to the combination of the two organizational units where some employees could have new position roles in the newly formed unit. Job descriptions could be altered of various positions that could lead to confusion of roles if not well communicated. As the new manager, I should communicate to all employees of the merged group their new roles and who they should report to. I should ensure that all employees fully understand their role in the newly formed organizational unit for effectiveness and efficiency (Symes, n.d).

The previous manager and employees may be biased towards people of their original organizational unit that could make running the merged group a challenge. Loyalty from the previous manager could be an issue and he may leave the organization as soon as he gets a better offer (Hennessey, 2014). Like other employees, the previous manager could fear change since he has been deprived his managerial position that could lead to poor performance in his new role. I should effectively communicate with all the employees at every step of the merger process to ensure that they understand their roles in order to meet fully the organization’s objectives. Effective communication entails providing all employees of the merged group with information of the vision of the group and expected future outcomes. This should help provide employees with a sense of control as well as increase their coping abilities on their new roles. It will also provide assurance that any problems they encounter due to the merger will be addressed. Being honest and truthful to all employees of the change process includes sharing information of what is happening (shrm.org, 2016).

A great opportunity is to fully utilize skills and knowledge of persons of the merged group. I believe that working together with employees from both organizational units can help generate more innovative ideas that will enhance productivity. The combined skills should improve the organizational unit’s skill-sets as well as increase other employees’ pool of knowledge enhancing productivity. Reduced costs such as sharing of office space and elimination of duplicate tasks can reduce expenses and the money can be budgeted for other areas that need improvement.

 

 

 

 

 

 

 

References

Hennessey, B. (2014, April 30). Merging Two Companies Is Hard. Retrieved from Forbes:

https://www.forbes.com/sites/billyhennessey/2014/04/30/merging-companies-is-hard-heres-how/#3178306e1fcc

Managing Human Resources in Mergers and Acquisitions. Retrieved from Society for Human

Resource Management: https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/mergersandacquisitions.aspx

Symes, S. (n.d). The Role of Human Resources in Mergers and Acquisitions. Retrieved from

Chron: http://smallbusiness.chron.com/role-human-resources-mergers-acquisitions-23589.html

 



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Read the following instructions in order to complete this discussion, and review the examplePreview the documentView in a new window of how to complete the math required for this assignment:



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  • Read the following instructions in order to complete this discussion, and review the examplePreview the documentView in a new window of how to complete the math required for this assignment:
  • Given an equation of a line, find equations for lines parallel or  perpendicular to it going through specified points. Find the appropriate  equations and points from the table below. Simplify your equations into  slope-intercept form.

Write the equation of a line parallel to the given line and passing through the given point.

y = -⅓ x+ 3; (6, -4)

Write the equation of a line perpendicular to the given line and passing through the given point.

y = -⅓ x+ 3; (6, -4)



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PowerPoint Presentation For this assignment, you will take on the role of a Vice President of a major organization. The CEO has assigned you the responsibility of educating the leaders within the organization of the importance of maintaining an ethical culture.



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PowerPoint Presentation

For this assignment, you will take on the role of a Vice President of a major organization. The CEO has assigned you the responsibility of educating the leaders within the organization of the importance of maintaining an ethical culture. The tone of the presentation should be of a persuasive nature as you will also be asking these leaders to take this initiative to each of their areas. As you compile this presentation, include the following:

  1. Explain exactly what it means to maintain an ethical culture within the organization.
  2. Analyze the role that culture plays in global business ethics.
  3. Describe and persuade on the importance and rationale for maintaining an ethical culture within the entire organization. Think about methods that could be used to motivate towards ethical business practices.
  4. Recommend tactical methods that might be used within each of their areas. Your PowerPoint presentation should be 12-14 slides, not including the title slide and reference slide. All sources used must be referenced and paraphrased.

Directly quoted material must have accompanying citations and be cited per APA guidelines. Use of speaker notes is required as well. In the speaker notes, you will provide what you would say if you were actually giving the presentation to an audience. Please write your notes in complete sentences and adhere to typical grammar and/or punctuation rules. APA Guidelines MBA 6301, Business Ethics 4 The application of the APA writing style shall be practical, functional, and appropriate to each academic level, with the primary purpose being the documentation (citation) of sources. CSU requires that students use APA style for certain papers and projects. Students should always carefully read and follow assignment directions and review the associated grading rubric when available. Students can find The CSU Citation Guide by clicking here. This document includes examples and sample papers and provides information on how to contact the CSU Writing Center



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Financial Statement Analysis



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Financial Statement Analysis

Prepare an eight- to ten-page fundamental financial analysis (excluding appendices, title page, abstract, and references page) that will cover each of the following broad areas based on the financial statements of your chosen company:

THE COMPANY WILL BE NIKE

  1. Provide a background of the firm, industry, economy, and outlook for the future.
  2. Analyze the short term liquidity of the firm.
  3. Analyze the operating efficiency of the firm.
  4. Analyze the capital structure of the firm.
  5. Analyze the profitability of the firm.
  6. Conclude with recommendations for the future analysis of the company (trend analysis).

Writing the Final Paper
The paper

  • Must be eight to ten double-spaced pages in length (not including title and references pages) and formatted according to APA style.
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
    • Must include HEADERS for EACH SECTION
  • Must begin with an introductory paragraph that has a succinct thesis statement.
  • Must address the topic of the paper with critical thought.
  • Must end with a conclusion that reaffirms your thesis.
  • Must use at least three scholarly sources from the University Library, in addition to the text.
  • Must document all sources in APA style as outlined in the Writing Center.
  • Must include a separate references page that is formatted according to APA style as outlined in the  Writing Center.


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Geog 167: Interview Assignment Guidelines



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The purpose of this assignment is to gain an understanding of another culture.  You are to interview someone born and raised in a country other than the United States (and one that you are not already familiar).  International students may be your best resource; however your interviewee need not be a student. Your interview is open ended and there are no restrictions on time limit or questions asked (I would assume the interview would last at least an hour).  Since the goal is to understand another culture however, be sure to include questions relating to such, i.e. language, customs, traditions, food, music, holidays, dress, societal rules, etc.  Any topics that are covered in your textbook and class are appropriate.  When you are finished your interview, turn your interview questions and answers into a 1000-1500 word paper about the culture of the native country of your interviewee (not the person’s own biography).  The number of topics is not limited, but it should definitely include more than one. Below are some guidelines:

 

  • Be sure interviewee has not been in this country for more than 10 years, unless cleared by me. Your interviewee must be native to another country. If in doubt about the suitability of an interviewee, ask me.
  • The person must be living in this country at the time of the interview.
  • Please allow adequate time for this assignment. It may take multiple attempts to arrange a meeting day and time or the interviewee may need to reschedule.  Do not wait until the last minute.  Remember, late papers are NOT accepted.
  • Interviews must be done in person or in some manner where you can see each other, i.e. Skype or FaceTime. Questions asked over the phone without FaceTime or through email are not acceptable.
  • Be sure your paper is not a transcription of the interview, but a paper on a particular culture or aspect of a culture using your interviewee as the primary source.
  • Include a very brief introduction to the country and brief stats on the interviewee (age, how long they have been in this country, why they moved here, etc).
  • Include a thesis sentence that lists what topics will be covered in the opening paragraph and topics sentences for paragraphs and then organize your paper with headings based on the thesis sentence.
  • Include a conclusion.
  • Contact information (phone number and email) for your interviewee is required. If your interviewee will not or cannot provide this information, you will have to choose someone else.  I will randomly contact 3-5 people to contact and discuss the experience.
  • Approach the interview with sensitivity and open-mindedness. Your goal is to learn, not judge or criticize.
  • Use at least three outside sources in addition to your interviewee for information. Outside sources can add to or clarify information from the interviewee.  These sources must be included in a bibliography or work cited page and also cited throughout your text.
  • Information that is not cited throughout your text is considered plagiarism and will result in a zero and reported. Cite your interviewee throughout your paper as well–as you would any other source and include how you conducted the interview in the bibliography citation (in person interview, Skype, etc.)
  • You may use Chicago, MLA or APA for your citations. Keep your citation method consistent throughout your paper and be sure your bibliography and in-text citations are done correctly according to the method you chose.
  • Be sure to proofread your paper for spelling and grammatical errors. Have an outside source read and/or edit your paper if necessary (this service is available on campus at the writing center).
  • A person cannot be interviewed more than once so be sure to ask if they have already agreed to an interview with someone else.
  • Remember, the paper is about the culture of their country, so avoid comparing the United States or what they like or dislike about the United States.

 

Important:

 

You will earn a “0” as a grade if:

 

  • You do not have 3 outside sources in addition to your interviewee (4 sources total minimum).
  • You do not have a bibliography listing all your sources.
  • You do not cite ALL sources listed in your bibliography within the text, i.e. in-text citations.
  • You do not have contact information for your interviewee (put this in the bibliography citation).
  • Your interviewee cannot be verified if randomly chosen.
  • Information is falsified including how you conducted your interview.

 

 

BE SURE TO CAREFULLY GO OVER EVERY SINGLE BULLET POINT BEFORE TURNING IN YOUR PAPER.  YOU WILL BE GRADED ON HOW WELL YOU FOLLOWED THE INSTRUCTIONS OF THE ASSIGNMENT, YOUR CONTENT, ORGANZATION AND THE QUALITY OF YOUR WRITING.

 

 

 

 



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The essay should support a thesis statement with information gained from research or investigation.



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The core assignment of this course is a documented research paper (1500-2000 words in length = approx. 6 – 8 pages double spaced, 12-point font).

  • The essay should support a thesis statement with information gained from research or investigation.
  • The paper will not be just a report presenting information, but will be an essay that carefully examines and presents your own historical interpretation of the topic you have chosen and your interpretation of the information you have gathered.
  • The paper may include consideration of problems and solutions, define key terms, or refute arguments against your thesis statement.

It will be important to choose a topic of interest to you.

  • Approach this assignment with an open and skeptical mind, then form an opinion based on what you have discovered.
  • You must suspend belief while you are investigating and let the discoveries shape your opinion. (This is a thesis-finding approach.)
  • Once you have found your thesis, write the paper to support it.

You will use some of the following critical thinking skills in this process:

  1. Choosing an appropriate topic, limiting the topic
  2. Gathering information, summarizing sources
  3. Analyzing and evaluating sources
  4. Defining key terms
  5. Synthesizing information, comparing and contrasting sources
  6. Testing a thesis, making an historical argument, using refutation
  7. Amassing support for a position
  8. Documenting sources

Because this may be a longer essay than you have written before and a complex process is involved, it is recommended that you complete this paper using the following steps:

  1. Choose a topic related to U.S. History after 1877 (Chapters 16-28) that you would truly like to explore and that you are willing to spend some time on. Your chosen topic should be focused. Pose a question that you really want to answer. You may want to begin with more than one topic in mind.
  2. Do some preliminary reading on the topic(s). You may begin with the textbook, then further explore the information available. Refine your topic. Summarize your topic, your interest in the topic, the questions you want to answer, and a hypothesis you want to test.
  3. Gather information from a variety of sources. Use a minimum of four sources for your paper, and at least one must be a primary source.
    • Examples of primary sources are ones that are used in our discussion forums 2 – 8.
    • They are sources that are contemporary to the times under investigation.
    • An example of a secondary source is our textbook, though the textbook also contains excerpts of primary sources, which you may use as a source in your essay.
  4. Outline the results of your research and then plan for your essay (note you are not required to submit the outline).
  5. Write the final draft and be sure to include a Works Cited List; be sure to use the correct MLA documentation style.


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