Introduction
In this week I learnt about how law policy has significantly impacted operations and management of services across the world currently. With the current revolutions around the globe, law policies have led to a transformation in social, political, and economic structures around the world now. However, in the first week, we have learned about the basic concept of law in the United States. Some of the ideas we spoke about include, source of law, the type of law, and application of the law (Burbank and Stephen, 663).
There is a clear distinction between United States laws compared to Taiwan laws system. The United States employs substantive law and procedural law. In Taiwan, for instance, practices Civil code of civil procedure and situation of criminal law concerning Civil law. According to the study, civil code is like substantive law while the Code of Civil procedure is like a procedural law system (Burbank and Stephen, 663). The United States Civil law follows the technique of substantive law and procedural law system. United States legal service uses the standard law system. In the universal law system, the judge interprets the constitution and reaches on a verdict to determine or change an individual life. This judicial system is bared with various challenges that, in one way or the other affects the overall legal measures taken by the judges.
In the United States, the Judge decision is termed as the final compared to most of the countries in the world. However, with the powers subjected to judges in the United States makes it even much harder for most federal and equal legal measures to be channeled on various departments. In this matter, there is a collide between two laws in the United States the administrative law and statutory law system. During this period, a judge in the United States will be forced to make his or her decision based on the priority that is made between the two laws.
The American Constitution and Constitutional Law
In this week I have learnt clauses that United States constitution consists of that have systematically outlined how various organs of the government should operate. One of the provisions In the American constitution is the Supremacy Clause. The phrase helps in making a federal law that works during concurrent jurisdiction. However, various states in the United States collide in an attempt to deploy the law clauses. The United States constitution respects the rights of his fellow citizens just like any other country in the world. However, Institutions in the United States educates most of its citizens on their rights and needs to protect their rights in the country.
In the United States, the constitution can be amended based on the opinion of the citizen's views and satisfaction. During the amendment, various ideas are taken concerning the law that is expected to be implemented in a specific country operational system. However, based on the powers placed in the Senate, the senators are in a position to give their understanding and opinion based on the constitution structure. Changing the United States Constitution is a laborious task process; this is because various lawsuits are related to the constitutional system in the country. In case of a dispute, the evidence will be presented in the Supreme Court system where legal measures will be taken concerning the judicial system used in the country. According to Darian and Eve, Supreme Court's Judges in the United States have a mandate to analyze and enforce a legal matter among its people (2017). The American constitution, therefore, is made in a manner that it can represent all the rights of the citizens in the country. With proper legal measures introduced all the arms of the government, the United States has emerged as a world superior giant on the judicial system. This constitutional strength has transformed American dominance on matters concerning legal issues. American constitution has tremendously led to the transformation of the economic, social, and political nature of the country.
Alternative Dispute Resolution and Administrative Agencies
In week three I have learnt alternative dispute resolution and administrative agencies is a department in a legal system that controls the cases presented by a particular subject. However, in this sector of alternative dispute and administrative resolution, Judges are required to submit a given situation with high standards of decorum. However, based on the opinion of Judge Phelps, she stated that the term diversity plays a significant role in the court operational systems such as gender, culture, and background. The following attributes will help most of the judges while making their decisions in a particular subject context. Judges, on the other side, should be in a position to prioritize on making the right ruling based on the power they are awarded.
On the other side, dispute resolution and administrative agencies play an active role in enhancing equality among most of the countries? Diversity used in the country operational structure play a useful role in explaining how particular rules need to be managed. In countries such as Taiwan, judges who lack diversity are defined to be dinosaur judges. Various styles are used in most countries in undermining the legal system operations. In a legal perspective, the rich are always in a more advantageous position compare to the poor people in a country. There are numerous cases of judicial discrimination that have been reported from various countries such as Taiwan.
According to Fallon and Richard, most of the Judges make mistakes based on their ruling and judgments in the country legal matters (2013). Judge Phelps admitted on the fact that she also has taken part in the false decision, and she apologized of her mischarged ruling. Additionally, judges are required to present the highest level of official ruling based on a particular subject without any discrimination involved. The teaching of Judge Phelps helped in transforming our understanding based on legal matters. She also stated that it is advisable for all the youths to stand tall in the quest to changing their social structure.
Studying About Law and Business Association Business Entities and Corporations
Law, business association, business entities, and corporations play an essential role in an organizational, operational system. In week four was purposely specialized on the business entities. However, business entities can apply to both the business entities and partnership. The sole proprietorship is a business where a person has full ownership of the activity of the company resources. There are few or no employees in the single proprietorship system. In the scenario where the organization expands its services, the owner will be forced to change the business entities. In the sole proprietorship system, the owner of the firm has full responsibility for the business entities of the organization.
Partnership type of business has a different mode of a corporation compared to sole proprietorship system. In the scenario, when the partnership between the several entities, there is conflicting opinion on how specific resources can be utilized. There are need to create a strong partnership which is viable and sustainable during the firm resolution period (Felo and Andrew, 281). This legal contract will help the management in making decisions based on financial, property ownership, and business partnership services.
In the public corporation system, there is a different form of business operation. A municipal corporation is built on strong and viable rules that help in strengthening and controlling the firm activities. The legal terms are issued to all the members, and every employee is expected to follow the words without any fear or favor. This business entity has no legal owner. Therefore every staff member Is expected to follow the terms and condition laid in the organization. The following business entities play an active role in the market operational system. Therefore, it is appropriate for an individual to learn on some of the rights and rules required in a specific business entity.
Ethics, Social Responsibility, and Business Manager Securities
In this week, I have learnt more about ethics, social responsibility, and business manager securities. Ethics, social responsibility, and business manager play a useful role in the examination of the administrative law policies systems. However, government agencies also play a significant role in the management of the operations services of these operations. There are some of the possible changes that are required to be implemented to develop effective agency operations.
The Washington state agency law has violated the right of the businessman. They decided to enforce specific regulations one month later after the subject has already begun the business. The first decision by the Washington Department of Revenue of taxing the revenue earned from Bitcoin while the Department has not gained any authority is unnecessary. The act of imposing a tax to all the foreign business organizations while not finishing the process of the special of rulemaking is entirely and inaccurate (Hong et al. 462). The motive of adding a property tax on the operating equipment is unethical since the process of rulemaking is incomplete. Preventing the managers and the directors from moving or leaving Washington is an act of violating the social and freedom rights of the managers.
Washington Department of Revenue has introduced the rulemaking process. The rulemaking process involves seven processes, such as rule development, public hearing, public comment, and state revenue (Felo and Andrew, 281). Secondly, the Washington Department of State will investigate a particular business that is conducted in a specific region. Washington Department of Revenue may also recommend new legislation in a scenario when the company violates a federal of anti-trust statutes.
Some of the critical violations that the Washington Department of Revenue violates includes implementation of the regulations without authority, equal protection clause, privileges and immunities clause law and the limitation of freedom of movement.
Torts, Strict Liability, and Product Liability and Product Liability and Midterm preparations
In week six, I have learnt about Torts, Strict Liability and product liability and product preparations were some of the operations that were discussed. However, this week, we will analyze both the plaintiff and the defendant. When there is no agreement in an organization at the moment the process of the statute of limitation has passed, the plaintiff has no right to sue the defendant. In the scenario where the operation of the alternative dispute resolution may be considered a lawsuit, the plaintiff has a legal right to sue the defendant. Secondly, a plaintiff is allowed to sue the defendant since the process alternative dispute resolution may be considered to be a lawsuit. Lastly is the scenario where the defendant, unfortunately, passes away during the lawsuit process, the plaintiff eventually wins the case. The plaintiff generally has the legal right to be released naturally.
In the case where a food and drug administration has approved a company's product in the market, the company has a right to sue FDA organization. Food and Drug Administration have a mandate to investigate any toxic substances in the food before human consumption. The food company has a right to sue the organization since most of the customer's health may be affected, the company also will lose customers, and the commercial organization standards may collapse. The entire responsibility of the product and firm defamation will be pinned to the FDA agency.
The B Company will take...
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