Law/421
University of Phoenix
In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment.
Substantive Law and Procedural Law
Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011). The Fourteenth Amendment of the U.S. Constitution applies the Bill of Rights to the states. The Due Process clause outlines procedural laws when the government affects an individual’s life, liberty, or property rights. If the government has to interfere with an individual’s or business’s rights for instance, procedures are that they must give proper notice first. The states’ substantive power to control an individual’s rights is limited by the Due Process Clause. For example, laws passed by the state must be published and written specifically so that anyone may understand them (Melvin, 2011).
Criminal Law and Civil Law
Civil and Criminal law differ because criminal law is when someone would be
References: Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice (1st Ed.). New York, NY: McGraw-Hill/Irwin.