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The rich history of constitutional and contractual case law form the basis of modern business operations. In this assignment, you will investigate the historic and pragmatic relationships between...

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The rich history of constitutional and contractual case law form the basis of modern business operations. In this assignment, you will investigate the historic and pragmatic relationships between constitutional law and contract law and their influences on modern business.

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Directions:

Write a paper (1,250-1,500 words) in which you discuss the historic and pragmatic relationships between constitutional law and contract law. Include the following in your paper:

  1. A brief discussion of the nature of constitutional law in the U.S. Where did it originate? By what right are laws made? Who interprets laws?
  2. A discussion of seminal constitutional and contractual case law and the influence of these on modern business.
  3. A discussion of the importance of contracts in American business. Why do contracts exist? How might contracts influence the sustainability of a business?
  4. A discussion of when to engage legal counsel in the administration or defense of a contract.
Answered Same DayNov 01, 2019

Solution

David answered on Nov 30 2019
90 Votes

RUNNING HEAD: Assignment         8
Name of Student
Name of Professo
Assignment
University Name
November 02,2017
1. Constitutional law is defined as the body of law which is inclusive of roles, powers
and structure that involves different entities within a state such as the parliament, executive and even the judiciary. Constitutional law also is perceived as other laws in the society. Constitutional law has the sovereignty that exists within the state and has perfect indication about the state of law. Constitutional laws do not form part of the ordinary law since such laws are amendable by the ordinary law-making procedure (Williams, 2017).
Constitutional law in America originated from the Great Britain. The people who had earlier settled in the thirteen colonies and came from Europe originally and they initiated their own set of rules and principles which were used in the new society. The English common law was also the system of law in England that was once adopted in the colonies and then gradually accepted in America. Much of the common law was also formed in the years between the
Norman Conquest of England in the early 11th century and settlement of the American colonies in the early 17th century("Constitutional Law", 2017).
The right of Supremacy Clause of the United States Constitution as per Article VI, Clause 2 has been established in the Constitution with federal laws being pursuant to it and treaties made under its own authority so that it can constitute and serve as the supreme law of the land. The Article VI entitles all debts that when contracted and engagements entered into by the adoption of Constitution. This shall also be valid as under the Confederation. This constitution and the laws of United States shall also be part of the treaty which under certain authoritative position of the United States would function as the supreme law. It is the Judicial
anch which is given the responsibility of interpreting the law in the constitution of US. As per Article III, the judicial
anch which also involves the courts specifically create the Supreme Court of the United States("What It Means to "Interpret" the US Constitution", 2017). The courts too are in charge of interpreting and applying the laws so that it can be useful to settle all forms of legal disputes. The function of interpretation also forms a major part of the structure and power of the federal government.
2. Seminal Constitutional case law is one that restrains the police power and is
epresented mostly by the Contract Clause. The case law has various concepts related to it that earns respect with intensity as measured in the case of standard review. There is a growing importance related to the twentieth century as mentioned under the pre-emption principles as per the Supremacy Clause and the court acquiring powerful tools for constitutional evaluation(L. Weaver, I. Friedland & D. Rosen, 2017). Contractual case law are such that they form part of the major law of contracts and not the whole law of agreements. Since all legal obligations are not contractual in nature, their source of agreement too gives only rise to a particular contract. Contractual case law is basically an agreement made between two or more people belonging to separate entities where there is a promise and an act to do something in return for gain and even has a legal binding(Law of Contracts-Business Law Including Company Law, 2017).
The modern business is definitely impacted by the presence of seminal constitutional and contractual case law and it can be said that their characterization are such that it needs accurate as well as normative description for further usage. Be it contractual case law or constitutional case law, there have been instances when business has been impacted by the law and business disciplines. When we talk about the business impact, it is accountants who come in the limelight due to their culpable behaviour of some of the members such as seen in some famous scandals. Examples of such scandals include that of Enron. Even in the Enron case, Congress had passed out the Sa
anes Oxley Act (SOX) of 2002 as this has had a major impact on the oversight requirements as per the auditing and accounting firms. There is competency and compliance for security laws that can conduct along with consistent and generally accepted accounting principles. Another example can also the business functions taking place in the U.S. Securities and Exchange Commission’ s (SEC) mission so as to protect investors as well as to maintain fair market concepts among all the business aspects. These laws not only impact the accounting and marketing part of the business, but it also effects the financial part of business. The SEC has accurate information about the investors receiving accurate information that is useful to make investment decisions as well(Business and the Legal and Ethical Environment, 2012).
3. The business environment in general is such that it is defined as one that is comprises
of agreements between the businesses and individuals. Written contracts in businesses provide individuals and business unit with a legal document that states expectations of both the parties involved in conducting business activities. In American context, the importance of written contract plays a significant role because it works as a tool that can safeguard the companies and their resources that are established in America. Aspects of contract that are extremely important and relevant when such contract is conducting in Australia are facts, fixing of resources costs that is present in a contract and which sells the economic resources to a different level, limiting obligations regarding service contracts and performing business services as well. Businesses in America often enforce agreements that belong to the nature of non-compete and even offer goods and services in the economic marketplace. It also happens that legal and expert advice must be taken whenever one enters a legal binding with another party. Small businesses may also work towards completing the business functions(Vitez, 2017).
Contracts exists because of its legal implications. Agreements that you want to put into a written contract can be best expressed in the legal manner. A contract forms as an agreement between two or more parties that have an essential element of a valid contract where all parties must agree on a particular issue. The basic rule of contract law is also such that a legal contract exists when one party makes an offer and the other party is also such that it accepts the same. A contract is something of value that has been exchanged by the people due to presence of cash, services or goods. All parties in agreement also helps to make a contract valid and legal ("What Makes A Contract Valid?", 2006). Sustainability in business organizations employs critical aspects that are collectively a part of the systematic and strategic focus which further motivates to have a sustainable growth in business and even for stakeholders and agencies. Sustainability in business can thus be formed and explained so that significant aspect of organizational development enables the organization to promote lasting success (P. Williams, 2015).
4. The legal consultancies as integrated in the legal institutions on various levels as also
een part of the criminal and civil defence. Even legal consultants for factories and companies or lawyers at times act as the state’s political and administrative aid in providing the legal counsel. Administrative staff members who study about the contract law perceive it as a common decision that can penalise criminals in the economic affairs as well as promote people’s legal knowledge, awareness and responsibility. Legal counsel forms a major part in the defence of a contract and defends an accused person where lawyer’s duty is to protect the client as far as possible from being convicted. A tribunal of competent jurisdiction and one that can provide legal evidence which is sufficient and appropriate enough to support a conviction for the offence with which even the client can be charged as per law and order("Relationship to the Administration of Justice", 2017). The lawyer’s private opinion is also credible on the merits such that lawyer can even rely on evidence or defences. Legal Counsel also provides legal services that even personnel for matters relate it to the operation of the university. Special expertise is necessary for dictating and defining the legal counsel and thereby engaging into the management of such counsel. When it comes to administration of the contract, outside counsel becomes a necessary engagement that can best negotiate the rates and even achieve the best value. Counsel can also be refrained as per the requirements of the user. It involves fee a
angement which again depends upon the nature of specific case law for which such specific contract is being counselled. Quality legal services can thus be delivered at affordable prices("Management of Outside Legal Counsel", 2017).
    
References
Business and the Legal and Ethical Environment. (2012) (pp. 33-34).
Constitutional Law. (2017). Legal Information Institute. Retrieved 2 November 2017, from https:
www.law.cornell.edu/wex/constitutional_law
L. Weaver, R., I. Friedland, S., & D. Rosen, R. (2017). Constitutional Law: Cases, Materials, and Problems (4th ed.). Aspen Casebook Series.
Law of Contracts-Business Law Including Company Law. (2017) (pp. 17-18).
Management of Outside Legal Counsel. (2017). generalcounsel.nscu.edu. Retrieved 2 November 2017, from https:
generalcounsel.ncsu.edu/legal-topics/lawsuits-and-litigation/management-of-outside-legal-counsel
P. Williams, T. (2015). Sustainability in Government Contracts: A Measure of Performance from the Contractor Perspective. Journal Of Business And Ethics,, 41-42.
Relationship to the Administration of Justice. (2017). The Law Society of Upper Canada. Retrieved 2 November 2017, from https:
www.lsuc.on.ca/with.aspx?id=2147502073
Vitez, O. (2017). What is the Importance of Contracts to a Business?. smallbusinesschron.com. Retrieved 2 November 2017, from http:
smallbusiness.chron.com/importance-contracts-business-906.html
What It Means to "Interpret" the US Constitution. (2017). government.lawyers.com. Retrieved 2 November 2017, from https:
government.lawyers.com/what-it-means-to-interpret-the-us-constitution.html
Williams, J. (2017). THE NATURE OF CONSTITUTIONAL LAW. newstheviews.com. Retrieved 2 November 2017, from http:
www.newswithviews.com/JBWilliams/williams354.htm
What Makes A Contract Valid?. (2006). Fo
es. Retrieved 2 November 2017, from https:
www.fo
es.com/2006/11/20/smallbusiness-statelaw-gifts-ent-law-cx_nl_1120contracts.html
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