Running head: WEEK 2 REFLECTION 1

Week 2 Reflection

Team A

LAW 421

WEEK 2 REFLECTION 2

Week 2 ReflectionSubstantive and Procedural Laws

Substantive law is the law that includes the definitions of one’s 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 person’s 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

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

WEEK 2 REFLECTION 3

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.

Scott’s 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.

WEEK 2 REFLECTION 4

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.