Role of Law
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The role of the law “is a system of rules usually enforced through a set of institutions”. (Wikipedia, 2007) These rules are governed and regulated as specific types of laws. Some types of laws are constitutional laws, which exist only at state and federal levels. (Mallor et al., p.2,p.3) This types of law sets up structure and oversee prevention of other government levels. (Mallor et al., p.2,p.3) Another type of law is Statues in which elected representatives draft a book or code that is authorized for uniformity in the states. (Mallor et al., p.3) Common law is also another type of law in which judges apply these laws for a case by case basis which are not governed by other types of laws. (Mallor et al., p.3) When common law produces unfair outcome, equity, otherwise know as “rough justice”, is applied. (Mallor et al., p.3) Some other types of laws such as treaties, which are made by the president with foreign governments, and ordinances which are state governed, both produce different types of laws for specific purposes. (Mallor et al., p.6) Executive order is a limited power delegation given to the president or state governor to help enforce laws. (Mallor et al., p.6,p.7)
With all these different types of laws there needs to be some type of priority to help establish precedence over the other types of laws. According to Business Law: The Ethical, Global, and E-commerce Environment, some of the rules that would support precedence over other laws would be:
“According to the principle of federal supremacy, the U.S. Constitution, federal laws enacted pursuant to it, and treaties are the supreme law of the land. This means that federal law defeats conflicting state law.”
“Constitutions defeat other types of law within their domain. Thus, a state constitution defeats all other state laws inconsistent with it. The U.S. Constitution, however, defeats inconsistent laws of whatever type.”
“When a treaty conflicts with a federal statute over a purely domestic matter, the measure that is later in time usually prevails.”
“Within either the state or the federal domain, statutes defeat conflicting laws that depend on a legislative delegation for their validity. For example, a state statute defeats an inconsistent state administrative regulation.”
“Statutes and any laws derived from them by delegation defeat inconsistent common law rules. For example, either a statute or an administrative regulation defeats a conflicting common law rule.”
Laws have classifications standards set within the types of laws, as previously listed above, which regulate the laws within society. These classifications of law are criminal and civil law, substantive and procedural law, and public and private law. (Mallor et al., p.8) Criminal and civil law are very distinct aspects of the law, with criminal law vigorously involving governmental prosecution, and civil involving obligations from one party to another, both may end up involving the government however.(Mallor et al., p.8) Substantive and procedural law deal with duties and