Structure of the Federal Judicial System
Historically, the role of the law in the society cannot be overemphasized . This is due to the key function of ma intain ing a state of peace and calm which ensures balance . The principal functions of the law , therefore, are maintaining order, establishing standards, protecting liberty and rights and resolving disputes (Howard Jr, 2014; Horwitz, 1992; Posner,1985) . However, a difference exists between the federal and state court systems. This variation is defined by the jurisdiction and is based on the cases that each can hear. Nevertheless, the two are vital in administering justice. The law is also essential due to its role in govern ing the flow and e xecution of business . This is especially in the wake of the growing business competition. For instance, in this case, it ensures fair competition .
Business laws outline what a company can or cannot do as well as what a company must do. There are several fields where the business law comes in handy . Regarding competition, the law comes in to level the playing ground to ensure that all the business entities involved have an equal chance of maximizing on the available opportunities (Howard Jr, 2014) . For instance, t he antitrust law plays a significant role in this by curbing anti-competitive behaviors such as monopolization and price fixing. Competition is healthy for an economy because it leads to the better production of goods and services. Intellectual property rights , on the other hand, aids businesses in protect ing their ideas . This is key to fostering innovation for businesses in the start-up phase . Their ideas are protected in the sense that no one is allowed to make copies of their work without the consent of one another and if this should be broken legal action is taken .
Delegate your assignment to our experts and they will do the rest.
With growth in businesses, the workforce expands as well . This implies that more people from diversified backgrounds, with different interests. In this case, e mployment laws help in governing the interaction between the employers and employee s . This would entail such issues as the employee's minimum pay wage and other arrangements such as overtime pay . These laws also ensure that employees are granted safe working conditions for them to be effective . Further, e nvironmental laws emphasize on the negative impact s, such as pollution that businesses can cause to the environment . Law, in this scenario aids in providing regulations geared to wards curb ing this ( Posner, 1985 ) .
Alternate Dispute Resolution (ADR) is a means of solving disputes between conflicting parties outside the traditional court setting . This may take different form s, such as mediation and arbitration (Horwitz, 1992) . In business , these methods are used for a number of reasons . However, chiefly, ADR aids in saving costs and money. Mediation has been commonly utilized in this particular area especially by small businesses that opt for a cost-eff ective method of solving disputes. Mediation is applicable for example in cases where there is a breach of contract between an employer and employee. In this case, a third party is introduced to act as a mediator between the two conflicting parties . Arbitration involves the introduction of a neutral third party who listens to grievances of both sides and acts analogously as the judge. This differs from mediation in that in addition to solving a dispute between both sides the arbitrator offer s a solution. Arbitration is either legally binding or non-binding. This serves well to re solve disputes where the employees ’ working conditions are poor or in the case of a breach of contract ( Horwitz, 1992). These methods of conflict resolution differ in various ways from the traditional court systems. Unlike the court systems , the ADRs offer a solution to the case at hand as seen in arbitration. Another key difference is risk management and control over the process and the outcome . As opposed to ADRs, the traditional c ourt system is only based on “winn ing ” and “los ing .”
In conclusion, the role of the law in advancing various aspects of the U.S development cannot be disputed . This is either through the judicial system as well as the ADR. Further, it has contribute d significantly to business growth in various ways including promoting healthy competition and interactions between businesses as well as employers and employees. Therefore, the law is fundamental to the overall development of the U.S.
References
Howard Jr, J. W. (2014). Courts of appeals in the federal judicial system: A study of the Second, Fifth, and District of Columbia Circuits . Princeton University Press.
Horwitz, M. J. (1992). The transformation of American law, 1870-1960: The crisis of legal orthodoxy . Oxford University Press.
Posner, R. A. (1985). The federal courts : Crisis and reform (Vol. 10, p. 365). Cambridge, MA: Harvard University Press.
