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Functions of Law, Essay Example
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Law is a binding practice or custom of a community. It is a rule of the action or conduct formally recognized as binding by a controlling authority. One main function of the law is to set the rules of conduct and the ethical standards for the society and business. It is also a means of settling the disputes. The law also plays other functions like checking of the government power and the promotion of the personal freedom. Law also promotes the economic growth through competition that is free. Law promotes the social justice while protecting the environment (Thomas, 2008).
There are various types of laws. They include constitution law, this exist in both the federal and state levels. Constitution prevents the units of the government that pass the laws which limit some individual rights. A statute is another type of law which is created by the elected representatives in state legislature or in congress.
Federal and constitutional laws control the expansion of the businesses of the businesses. They ensure that the business must comply with the required laws and then conditions of establishing and expanding the business. The laws of hiring new employees may to a certain extent affect the expansion of the firm in other new areas. This is mainly because the laws vary from state to another. One federal state may have employment laws that are different from another thus hindering the establishment and expansion process (Thomas, 2008).
Law businesses require certain specific licenses and the permits. Getting those permits is usually determined by the laws that have been set by the constitution or the state. The federal laws may affect the expansion of the business in some certain areas hence making it impossible to expand or even a law firm. These laws usually affect the firms in the way they are established, managed and how they handle different cases and the clients. They also influence the ways in which employees are employed, looking at the terms and the conditions of the employment hence it may make the establishment and expansion of the firm difficult.
The constitution employment laws usually in great extent affect the way the employees are hired. They look on the way they are paid and even how they are treated. This may make the establishment of a law firm difficult if their terms of employment of their employees do not coincide with those laws. This may result to a law suit or even investigation of state labor board (GlobalBX, 2008).
Failure to comply with the labor laws usually results to heavy fines and penalties. It may also lead to the business closure sometimes. This is given a lot of attention by the federal laws or even constitution to ensure that the employees are not denied their rights at any moment. Most of the federal laws that regulate the work place prohibit the employers from retaliating against those employees who assert for their rights under the federal laws.
If the employer’s conditions and the terms of hiring new employees are not up to the constitution laws, then the firm should change those terms so as to fit the requirements. The employer or the firm must ensure that they are equal employment opportunities and protection in the workplace. The constitution protects the employees rather than the employer or the firm itself. Therefore it is not possible for employer to do whatever he wants to the employee (GlobalBX, 2008).
It is therefore very important to comply with the constitutional laws so as to avoid the closure of the business or even make it hard for the business to expand as it may be required.
References
GlobalBX. (2009, June). Important Laws That Affect Your Business. Retrieved January 5, 2010, from http://www.globalbx.com/a_Impaortant-Laws-That-Affect-Your-Business.asp
Thomas L. (2008). Power & Rights in US Constitutional Law. New York: Oxford University Press.
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