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Law 421 Week 2 Learning Team Assignment Weekly Reflection

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Law 421 Week 2 Learning Team Assignment Weekly
Reflection
Learning Team Weekly Reflection
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

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Civil and Criminal law differ because criminal law is when someone
would be punished for the actions they committed by the state or federal
government and civil law is a matter of claiming someone’s actions
caused you damages that you intend to collect. An example of criminal
law is OJ Simpson being charged with the murder of his ex-wife. For the
same alleged crime, OJ Simpson was taken to civil court by his ex-wife’s
family and they sued him for the damages they incurred because of her
death.
The criminal law amendment of 1885 has been amended several times
raising the age of consent for girls when it comes to sexual acts. Back in
the 1860’s, the legal age was twelve years old and since then it has
been raised to sixteen in 1885 and then to eighteen in most areas of the
world.
The topics this week hit very close to home with my work experience and
were directly relatable to many situations I have come across in the past
thirteen years of employment. There is so much fear of people not being
honest in this day and age; it makes it very difficult to be a productive
member of a work group in the business world.
Common Law and Statutory Law
Common law is the system of laws, which originated and were
developed in England, that are “based on court decisions, on the
doctrines implicit in those decisions, and on customs and usages rather
than on codified written laws” (Melvin, 2011). In other words, common
law is law that is made by judges not by the legislature. It is law that is
based on court precedent and it evolves over time. Statutory law, which
is also referred to as statute law “is written law established by
enactments expressing the will of the legislature, as distinguished from
the unwritten law or common law” (Melvin, 2011). These are laws written
by a legislature and are usually put in place clarify a need of society or
the government. The main difference between these two types of law is
that common law is not a written law but more of a law based on statute.
Statutory law is actual written law that is developed by a legislature.
The conclusion of the essay reveals that corporations and businesses
receive protections and rights provided by laws and the Constitution.
Examples provided by Team A reveal the different way laws apply to
different career fields and how those laws are put to use. The definitions
of the laws define the specific areas they pertain to when considering

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what protections they fall under. A corporation should know which laws
apply to them, what the local and state laws are, and what the federal
laws are. Knowledge of the laws prevents undue negligence, harm to
consumers, protects a company from the potential of unnecessary
litigation, and protects a company from lawsuits under false pretenses.
References
Melvin, S. P. (2011). The legal environment of business: A managerial
approach: Theory to practice (1st Ed.). New York, NY: McGraw-Hill/Irwin.

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