Employment Law

Employment Law
Business Law
What is the difference between statutes, regulations and case law (common law)?

“A state may enact laws for the benefit of public health and welfare, which govern how animals may be treated. However, state statutes are sometimes challenged. For instance, when there is a question as to a statute’s meaning, or to determine if a statute follows the state constitution, the Supreme Court is asked to review the law. The Court then writes an opinion on that law. State statutes provide the framework for the comprehensive structure of law throughout the state. The state cannot explicitly cover all the potential interests in law by statute, however, so it delegates some of its authority to state agencies and to local units of government (counties and cities). For instance, state laws and local animal control ordinances govern conduct involving animal cruelty” (Statutes, 2009).

“Most regulations are developed and enacted through a rule-making process, which includes public input. State agencies hold open meetings and public hearings, allowing citizens to participate in the creation of regulations (sometimes called rules or administrative laws). Participation in administrative law is extremely important, but often overlooked by citizens. Many of the actual working provisions of statutes are embodied in regulations, providing citizens a unique opportunity to directly influence and shape their laws. Authorized by statutes, regulations have the effect of law. Someone violating regulations is, in effect, violating the law that created it. Regulations are designed to increase the flexibility and efficiency in the operation of laws. The vast majority of regulations is in effect for only a limited period of time, and must be updated and reenacted on a regular basis. State executive agencies carry out state laws through the development and enforcement of regulations in specific areas of law. The state Game Commission, Racing Commission, Livestock Board, and Veterinary Board are state executive agencies”(Regulations, 2009).
Common Law
“Common law consists of the rules of law that come from the written decisions of judges who hear and decide litigation (lawsuits). Judges are empowered to make these decisions by the constitution and statutes. When a judge decides a case and publishes a written decision, the decision becomes the precedent for future litigation” (Common Law, 2009). Law does not have any kind of fixed definition. But it is clear that any breach of conduct that the law has prescribed will incur a legal consequence. Legal system, however, is the framework of rules and institution that govern a particular community according to law. Both legal and non legal rules facilitate the orderly function of all aspects of society. In other words, it regulates human behavior to achieve social cohesion. Legal rules could be statutes, regulations or case law rules. When one of these is broken, a dispute ensues and there will always be a legal consequence imposed. Non-legal rules, however can be any rules made by parents or any societies with the consequence at a discretion if there is a breach of conduct. One of the primary functions is to establish a social cohesion, a condition in which a majority of the people acts lawfully, knowing that the others will be mindful of the rights of each other. In such, laws must be able to protect and preserve values and human rights. For an example, people can practice a religion of their choice and have a right to their own privacy. To make sure of these rights, there must also be laws to set acceptable standards of behavior and there must be a legal consequence imposed for every breach of them. By imposing legal consequences, most people would likely obey the law. Institutions of government which make laws and enforce them are created by the law itself. They operate in legislative, executive and judicial branches.
Can you think of an instance in your own personal or professional life in which the law influenced you? {For example, a speed limit sign is governed by State statutes-this would, hopefully, impact how fast you drive!}
The law has influenced my personal life as far as animals are concerned. I am a staunch supporter of the wildlife federation and I am pleased to know and respect the protection of migratory birds, for example, or the importation, interstate transportation and sale of endangered animals are covered by federal statutes. The states have the authority to regulate animals within their borders. Wildlife is considered to be held in public trust by a state for the benefit of its citizens. Each state may enact laws to govern how its wildlife is used, protected, etc. A state may enact laws to govern how these animals are bought and sold. A state may also enact laws for the benefit of public health and welfare, which govern how animals may be treated. It is necessary to be familiar with all these areas of the law regarding animals, so that they may be protected to the highest degree allowed by law. In addition, a greater understanding of current laws allows citizens to know what laws need to be changed in order to afford animals the most protection possible.
What are the advantages and disadvantages for both employers and employees of resolving disputes through alternative dispute resolution (ADR)?

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