Running head: WEEK 2 REFLECTION

Week 2 Reflection Team A LAW 421

WEEK 2 REFLECTION

Week 2 Reflection Substantive and Procedural Laws Substantive law is the law that includes the definitions of ones rights and responsibilities (Melvin, 2011). The procedures of how substantive laws are enforced are known as procedural laws (Melvin, 2011). Torts are substantive laws. Procedural laws have most to do with procedures: time limits for filing action, or correct forms and paperwork to fill out. Criminal and Civil Laws Criminal laws define crimes and can establish the repercussion (Melvin, 2011). Civil law is law that compensates parties that have suffered a loss from another persons or businesses behavior (Melvin, 2011). When a burglar breaks into a store and steals all the money in the cash register, they committed a criminal and civil act; the criminal act is breaking and entering and theft, the civil act is theft. Statutory and Common Law Statutory laws are laws created by the legislative body; common law is law that has not been passed by the legislature (Melvin, 2011). Statutory laws can take place in any legislative body: federal and state. (Melvin, 2011). Hadley v. Baxendale is a common law, which states that an injured party may recover damages reasonably considered to arise naturally from a breach of contract, or those damages within the reasonable contemplation of the parties at the time of contracting (Lawnix, 2012). A statutory law in Ohio is the law that certain breeds of dogs, such as pit bulls, the owner has to purchase insurance for their dog in case of injury caused by the dog. U.S. Constitution Amendments

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The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws" (Cornell University, 2012). This law protects the rights of all American citizens, therefore effecting how businesses are now run (Cornell University, 2012). The commerce clause, states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." (Cornell University, 2012). This clause is very important in business today, due to the amount of business done in other countries. The U.S. Constitution amendment that was implemented to protect the rights of the organization to hire people with criminal records is the fair hiring and occupational licensing standards. This was implemented to ban the box on applications and was introduced under the National Employment Law. Scotts Job Working at the VA Medical Center Scott is dealing with civil laws; he has to make sure patients information remains private. The Hipaa Privacy Rule is enforced by the Department of Health and Human Services, Office of Civil Rights. If the privacy of an individual is knowingly violated, there could be criminal charge with a fine and jail time. Topics Covered in Class Stephen and Ashley found it difficult to define the different types of laws, after this paper they had a better understanding. Stephen found the information about the traffic cameras the most useful, and understanding why it cannot be enforced. Ashley thought readings about the stages of litigations were very interesting.

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References Cornell University. (2012). Cornell University Law School. Retrieved from http://www.law.cornell.edu/wex/equal_protection Lawnix. (2012). Retrieved from http://www.lawnix.com/cases/hadley-baxendale.html Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.