Role Functions of Law
The Role and Function of Law
Name
Law/421
Date
The Role and Function of Law The role and function of law is to keep our systems of laws running smoothly and seamlessly otherwise our system will involved in a never ending vicious circle to which no solution is ever found. The role and function of law allows for the legal and lay person to have guidelines to follow and also disagree with those guidelines in an orderly and ethical manner. The case cited on our readings, the Cipollone v Liggett case, is a great example of pre-emption. Cipollone sued Liggett because he thought that Liggett was irresponsible for advertising a deadly substance that eventually killed his mother. The Court instead agreed to uphold the federal law that pre empties all accusations of misdoings by the tobacco company in reference to advertising, etc. At first, it may not seem just that the cigarette companies are not liable for such deaths, but one thing about our great laws and freedom is that individuals can make choices, even if they eventually kill you. A company like Liggett can go as far as letting individuals know about the risks, but at the end of the day it is an individual’s personal choice to smoke or not to smoke (Melvin, 2011). The role and functions of law were clearly seen during this lawsuit by discouraging what in many cases are frivolous suits. Another case is that of many people involved in the timeshare industry have claims of misrepresentation by the salesperson. Legal representation is now a viable way for those who feel they were misrepresented. For example, Susan Budowski an Orlando Timeshare attorney who claims to be able to cancel timeshare contracts for which buyers feel they were not told the truth about their timeshare purchase (PR Newswire, 2011). Depending on the state, there are provisions where by a purchaser can rescind a contract within a set number of days, for example in the state of Florida the numbers
Name
Law/421
Date
The Role and Function of Law The role and function of law is to keep our systems of laws running smoothly and seamlessly otherwise our system will involved in a never ending vicious circle to which no solution is ever found. The role and function of law allows for the legal and lay person to have guidelines to follow and also disagree with those guidelines in an orderly and ethical manner. The case cited on our readings, the Cipollone v Liggett case, is a great example of pre-emption. Cipollone sued Liggett because he thought that Liggett was irresponsible for advertising a deadly substance that eventually killed his mother. The Court instead agreed to uphold the federal law that pre empties all accusations of misdoings by the tobacco company in reference to advertising, etc. At first, it may not seem just that the cigarette companies are not liable for such deaths, but one thing about our great laws and freedom is that individuals can make choices, even if they eventually kill you. A company like Liggett can go as far as letting individuals know about the risks, but at the end of the day it is an individual’s personal choice to smoke or not to smoke (Melvin, 2011). The role and functions of law were clearly seen during this lawsuit by discouraging what in many cases are frivolous suits. Another case is that of many people involved in the timeshare industry have claims of misrepresentation by the salesperson. Legal representation is now a viable way for those who feel they were misrepresented. For example, Susan Budowski an Orlando Timeshare attorney who claims to be able to cancel timeshare contracts for which buyers feel they were not told the truth about their timeshare purchase (PR Newswire, 2011). Depending on the state, there are provisions where by a purchaser can rescind a contract within a set number of days, for example in the state of Florida the numbers
References: Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice, 1e. Retrieved XXXX 00, 2011, from University of Phoenix Web site: https://ecampus.phoenix.edu/content/eBookLibrary PR Newswire. PR Newswire. Retrieved from EBSCOhost Discovery Service Web site: https://ehis.ebscohost.com/eds/detail?vid=2&hid=115&sid=7452d567-4e9c-4a48-aabe- b277d05b4403%40sessionmgr104&bdata=JnNpdGU9ZWRzLWxpdmU%3d#db=bwh&AN=20 1110241104PR.NEWS.USPR.LA91961