Discussion question 1
“Role of Law in Society” Please respond to the following:
- From the e-Activity, describe two (2) major functions of law in the U.S. Discuss the success and failure of law in fulfilling your two (2) chosen functions of law in our society. Provide two (2) examples of such success and failure to support your rationale.
- Examine three (3) relative roles of law in our society from Chapter 1 of the text. Discuss members of society’s level of willingness to follow the law in these roles. Provide a rationale for your response.
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To begin, the text tells us that, “…Contrary to much popular belief, America is not the most litigious nation in the world” (Carp R. A., Stidham R. & Manning K.L., 2014). For every 1,000 people in the United States 74.5 pursue litigation, however, for Germany it is 123.2, and 96.8 in Israel (Carp R. A. et al., 2014). One reason that the U.S. may present a lower numbers of documented litigations is because there is an active effort within the U.S. courts to investigate and abate frivolous, misrepresented cases. Also, there are federal “rules” that forbid one from filing a frivolous lawsuit against another.
One reason for these lawsuits is that some people just possess a devious desire to obtain favor and monetary gain by misbegotten means. Meaning, some individuals possess an exploitative nature which may seek a monetary increase by the means of an unprincipled lawsuit. Another reason for this phenomenon is that once groups of culturally diverse individuals convene, differences grow into disputes which seek their resolve within the courts (Carp R. A. et al., 2014). In regards to American culture, the courts have been looked to as institutions that both punish crimes, and provide civil order.
In response to this litigation mania to U.S. Supreme Court handed down significant decisions which, “…Reaffirmed the imposition of large fines on those filing specious lawsuits…” (Carp R. A. et al., 2014).
Carp R. A., Stidham R., & Manning K. L. (2014). Judicial process in America. (9th Edition). Thousand Oaks, CA: Sage Publications.
After reading the E-Activity, the functions of law I choose is the peacemaking and promoting social justice. Both functions of law maintains peace and order while treating everyone fairly. Peacemaking success is resolving the future conflict of citizens to avoid any further problems that may arise,while being able to handle them in an appropriate way. Whereas,peacemaking for some individuals is just not realistic which is a failure of the function. Maintaining order,is extremely important. Social control is allowing everyone to be treated equally and valuing diversity. I see good coming from this,since this is what we all ultimately want. A success of this,will reflect on the peacemaking aspects of the law,and enable individuals to welcome one another with open arms. However,a failure is simply the law not having anything to do with social control;it will have to be the citizens.
Statutory law is the type of law enacted by a legislative body such as Congress ,a state legislature,or a city council. This law is addressing the needs of society as a whole. For instance, Welfare Programs and Social Security. As we know,many people try to get what they can out of the government help, so if you have something that is free how likely is that person going to comply with the law?
Administrative law is the decisions and regulations set forth by the various adminstrative agencies of the government. For example, health department and IRS. Filing taxes and having a permit to serve food is rules from both agencies. Although,many people violate both rules on a daily basis.
Criminal law is offenses against the state itself but it is directed towards another person. Murder,armed robbery,etc is examples of this law. Some citizens are willing to follow the law while others violate the law continuosly.
Discussion question 2
“The Role of Litigation in the Lives of Residents of the United States” Please respond to the following:
- Compare the frequency of litigation in the U.S. described in Chapter 1 with at least two (2) other countries around the world. Suggest two (2) factors that you believe contribute to the difference in frequency between the countries your chose and the U.S. Provide specific examples of these factors to support your rationale.
- Examine three (3) implications of Americans using the U.S. Court System to settle frivolous disputes relative to the role of litigation in U.S. society. Provide a rationale for your response.
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