Law 421 Role and Functions of Law Paper
Week 1 Law 421
Role and Functions of Law Paper
Contemporary Business Law
LAW/421
Role and Functions of Law Paper Based on reading from the week 1 material and the case brief given from week 1, there will be an explanation of how the Supreme Court’s language and results of the case reviewed show the preemptive power of congress in upholding the laws set forth by congress in opposition from the State Law. There will also be a review of the rulings effect on other states and peoples’ rights. The review of congresses decision about preempting state law in this case shows that the government has supreme rule over the land and in this case used it to protect the tobacco industry. Business law and law in society will also be reflected upon and how it might relate to a past or present job opportunity.
In review of the Case Brief Cipollone v. Liggett Group, Inc., it is clear that given the Supreme Court’s language and result of the case, that the preemption power of congress is too narrow. The basis for this case was the fact that the state law was conflicted with federal law regarding advertising and marketing techniques for the tobacco industry. Federal law is supreme when there are conflicting issues. A reason this could be viewed as too narrow, is because if there are any conflicting laws between state law and federal law there should be language in the statute that directly states the regulations and requirements or if there is not a direct statement, the state law would be preempted if it conflicts in any way with federal law. The Supreme Court’s ruling does not bar any resident from New Jersey or any other state, from bringing a suit against the tobacco companies. It shows that there were specifically enacted laws set-forth by congress that addresses the tobacco companies and how they can market and label the product. Based on this case, any person has the right to legally go after a tobacco company. This
Role and Functions of Law Paper
Contemporary Business Law
LAW/421
Role and Functions of Law Paper Based on reading from the week 1 material and the case brief given from week 1, there will be an explanation of how the Supreme Court’s language and results of the case reviewed show the preemptive power of congress in upholding the laws set forth by congress in opposition from the State Law. There will also be a review of the rulings effect on other states and peoples’ rights. The review of congresses decision about preempting state law in this case shows that the government has supreme rule over the land and in this case used it to protect the tobacco industry. Business law and law in society will also be reflected upon and how it might relate to a past or present job opportunity.
In review of the Case Brief Cipollone v. Liggett Group, Inc., it is clear that given the Supreme Court’s language and result of the case, that the preemption power of congress is too narrow. The basis for this case was the fact that the state law was conflicted with federal law regarding advertising and marketing techniques for the tobacco industry. Federal law is supreme when there are conflicting issues. A reason this could be viewed as too narrow, is because if there are any conflicting laws between state law and federal law there should be language in the statute that directly states the regulations and requirements or if there is not a direct statement, the state law would be preempted if it conflicts in any way with federal law. The Supreme Court’s ruling does not bar any resident from New Jersey or any other state, from bringing a suit against the tobacco companies. It shows that there were specifically enacted laws set-forth by congress that addresses the tobacco companies and how they can market and label the product. Based on this case, any person has the right to legally go after a tobacco company. This
References: Melvin, S. P. (2011). The legal environment of business A managerial approach [University of Phoenix Custom Edition eBook]. New York, NY: McGraw-Hill/Irwin. Retrieved from University Of Phoenix, LAW421-Contemporary Business Law website. Mark L. Pugatch / University of Phoenix. (2013). Law 421-Business Law-Week1. Retrieved from Mark L. Pugatch / University of Phoenix, LAW421 website.