For this Discussion, you are asked to review the material so far covered. After that, you are required to evaluate and give at least five (5) reasons/justifications why Law and the Courts exist? Your answers must be numbered and clearly explain each reason/justification.
- US Constitution- The United States Constitution distributes power, meaning it justifies the actions of the courts if followed properly and the laws that are set to be followed. “The U.S. Constitution gives Congress the authority to establish rules for the appellate review of cases by the Supreme Court, except in the rare case in which mandatory review is required” (2:3). The courts make their decision by law and the evidence is provided properly within the protocol.
- Peace, Justice, & Compromise etc- Laws have different functions and purposes. It was designed to (1) keep the peace (2) shape moral standards (3) promote social justice (4) maintain the status quo (5) prevent the forceful overthrow of the government (6) provide a basis for compromise (7) maximize individual freedom.
- Protection- Equal protection, coming from the fourteenth amendment, “provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws” (4:8). Protection as a citizen shares both comfort and safety when needed, also protecting due process and the constitution under the law. The court’s existence shows a form of fairness. The Supreme Court discovered 3 ways to test an equal clause violation, which are the strict scrutiny test, intermediate scrutiny test, and rational basis test. With each test evaluating a situation based upon fairness, it justifies the court’s purpose within laws.
- Freedom- Courts sustain the comfortability of freedom, in relation to religion and speech. Freedom of speech is protected by the first amendment and is placed in three categories “(1) fully protected, (2) limited protected, and (3) unprotected speech” (4:6). Under these terms, the acceptance of expression must be respected. An individual has the right to express their own religion and morals but within the laws.
- Liability- In the law, it is required to hold a person liable for their actions, whether it was intentional or unintentional. Liability is justified within the law because it adheres to taking responsibility for one’s actions. The courts view liability from a lawful perspective. Strict liability is one of the liabilities stated in laws. “This doctrine holds that (1) there are certain activities that can place the public at risk of injury even if reasonable care is taken and that (2) the public should have some means of compensation if such injury occurs.” (5:5).
First the law and courts exist to help create equality and order for individuals, many businesses and society as one whole. The law and courts also help to protect peoples assets, rights and freedom. It also insures and protects others from peoples unlawful doings and behaviors because of these laws, court and government regulations it all helps to keep order within the country.
Five reasons the court and laws exist
1. To keep the peace- Without direction a strong rule of law created it would be hard to protect human rights and help establish equality and peace among U.S citizens.
2. For opportunity to comprise- Having the opportunity to prove your case in court and to justify is giving each plaintiff in court the opportunity to speak and plead a case. An example is when in court being sued as a tenant there can be a comprised of repayment settled between both parties.
3. Fairness- Fairness is needed in order to do what is moral correct and what is ethically right to do. Which is another way of having natural laws. This creates balance and helps to stay away from bias decisions being made by a judge and or jury
4. Upholding the law- Upholding and sticking to the law is important to be able to help the government and court systems to remain in fairness, in order and to maintain equal protection with the law and others
5. To maximize induvial freedom- This helps to insure an individual rights to freedom of speech, religion and beliefs. It also helps with a persons independence and individuality. For an example being free to marry, health care and educational opportunities,