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February 5, 2023

Which of the following Is an Example of the Social Function of the Law

Laws and legal rules promote social control by resolving fundamental conflicts of values, settling individual disputes, and establishing rules for our leaders to follow. Kerper (1979) recognized the benefits of the law in promoting social control and identified four main limitations of the law. First, she noted, the law often cannot receive community support without the support of other social institutions. [1] (Consider, for example, Brown v. Board of Education of Topeka, Kansas, 347 U.S. 483 (1954), which declared racially segregated schools unconstitutional. The decision was widely unpopular in the southern states, and many had decided not to follow the court`s ruling. In the end, the court had to call in the National Guard to enforce its ruling that schools must be integrated.) Second, even with community support, the law cannot impose certain behaviors that are contrary to human nature. Third, the resolution of disputes by law depends on a complicated and costly factual procedure. After all, the law is slowly changing. [2] It is very difficult for a nation to uphold the rule of law if its citizens do not respect the law. Let`s say people in your community have decided they don`t want to be bothered by traffic laws and start ignoring stop signs and traffic lights. The ability of police officers to enforce laws would be overwhelmed and the streets of your community would quickly become a chaotic and dangerous place.

The rule of law works because most of us agree that it is important to comply with the law, even if no police officer is present to enforce it. Our consent as citizens to obey the law in order to maintain our social order is sometimes seen as part of the social contract. This means that in exchange for the benefits of the social order, we agree to live according to certain laws and rules. When it comes to plaintiffs and prosecutors, you can often distinguish a civil case from a criminal one by looking at the legend of a case brought before the courts. If the government first appears in the legend of the case (e.g., U.S. v. Lieberman), it is likely that the United States will sue on behalf of the people. The same applies to cases brought before prosecutors (e.g. State v.

Seidel). But it is not a foolproof formula. Governments will also bring civil lawsuits to recover or settle disputes with individuals, businesses or other governments. For example, United States v. Mayer could be an action for collection of unpaid taxes, or the case of United States v. Canada could be a border dispute before the International Court of Justice. Governments can also be prosecuted; People sometimes sue their state or the federal government, but they can only be sued if the government waives their sovereign immunity and authorizes such prosecution. Warner v. USA, for example, could be a claim for a tax refund improperly withheld or for damage to Warner`s residence caused by a sonic boom from a US Air Force plane flying overhead. There are also legal systems that differ considerably from the common law and civil law systems. Other communist and socialist legal systems (e.g. Cuba and North Korea) are based on assumptions very different from those of English common law or European civil law.

Islamic and other religion-based legal systems bring different values and assumptions to social and business relations. In the early years of our country, federal courts were not as active or important as state courts. States have jurisdiction (the power to legislate and enforce) over the most important aspects of cases. In the past, the power of state law included regulating the following types of issues and claims: By focusing on the employee`s mental well-being, the district court followed the county`s precedent. See Rabidue v. Osceola Refining Co., 805 F.2d 611, 620 (CA6 1986), cert. denied, 481 U.S. 1041, 95 L. Ed. 2d 823, 107 p. C. 1983 (1987).

The U.S. Court of Appeals for the Sixth Circuit upheld in a short, unpublished decision. reported at 976 F.2d 733 (1992). Laws also align individual rights with our duties as members of society. For example, if a law gives a person the legal right to drive, it also requires a driver to know how to drive and follow traffic laws. Lippman (2015) also noted that the law does not always achieve its goals of social control, dispute resolution, and social change, but can harm society. He calls this “law dysfunction.” Law is a word that means different things at different times. Black`s Law Dictionary says that law is “a set of rules of action or conduct prescribed by the supervisory authority and having binding legal force. What is followed and must be followed by citizens subject to sanctions or legal consequences is a law. Black`s Law Dictionary, 6th edition, s.v. “Law”.

Which of the following types of laws is most often found in state law rather than federal law? The U.S. Constitution takes precedence over all conflicting laws and court decisions. For example, if Michigan were to legislate so that students could not speak ill of professors at state-sponsored universities, this bill would be void because it is inconsistent with the state`s First Amendment obligation to protect free speech. Or if Michigan courts allowed a professor to sue a student who said something derogatory but not defamatory about him, the state`s judicial system would not act under the First Amendment. (As discussed in Chapter 7, Introduction to the Law of Tort, freedom of expression has its limits; Defamation was a cause of action when the First Amendment was incorporated into the Constitution, and it was understood that the First Amendment`s rights to freedom of expression did not negate the existing common law.) The articles of association are adopted by the legislator and lay down general rules for the company. States have legislators (sometimes called assemblies), which usually consist of a Senate and a House of Representatives. Like the federal government, state lawmakers will agree on the terms of a bill, which will then be sent to the governor (who acts as that state`s president) for signature.