Assignment One

Constitutional and Contract Laws and their Influences on Modern Business

Laws are based on doctrines, policies, and ethical foundations which if brought and used appropriately offer an added advantage to the co-existence of society. The foundation of law is fundamentally based in the field of psychology, which assists in the conversation of our existence, nature, and how it relates to the natural balance of mankind . These are the thoughts of John Locke’s theory of the natural balance to human existence, rights, and ability to make decisions. Therefore, the discussion focuses on the existence of the American Constitution, its origins, and how it influences the mode of contractual agreements in modern business.

The nature of constitutional law in the U.S

Constitutional law is a body of doctrines, laws, regulations, and policies that offer a clear operational guideline for a community or a political campaign (Rossum & Tarr, 2016). In the contemporary community, nationalism has taken over the essence of leaders and political ramifications in the perspective of understanding the rights of many. This has become a culture because organizations, churches, states, parliament, and businesses have different constitutions, which define a set of rules or doctrines that assist in community observation, and organizational operations. Therefore, the nature of the constitutional law in the American community refers to the rules set by the states on their respective rights to the community, and society (Rossum & Tarr, 2016). Therefore, the Constitution can take different forms, and this often includes changes in society and how the Constitution impacts the community’s operations, rules, and regulations. Due to multiple States, constitutional law changes to meet community expectations.

a) Where did it originate?

The origins of the Constitution are attributed to the philosophy of John Locke’s thoughts on human beings possessing the rights to their own opinions. The foundations of Locke’s theory developed the foundations for Natural law (Rossum & Tarr, 2016). Natural law’s essence is to limit the powers of men, and to make sure the men in the community rights are protected. The increase in a man’s power in the community illustrated the change in how a man’s actions does not overcome societal boundaries. In 1776, the Declaration of Independence indicated the social understanding of the laws of man, and how to increase the rules as a way of meeting the expectations of society (Rossum & Tarr, 2016). The philosophy and foundations of Natural law led to the creation, planning, and inception of the Constitution.

b) By what right are laws made?

Laws in the contemporary community are built on a bridge of protecting an individual’s rights. For instance, there is freedom of expression based on the rights of man, which is attributed to Locke’s philosophy, and essence of offering human rights to choose, and co-exist in the community (Massey, 2016). It is not about natural selection as in the evolution of man, which are monarchies with limited sovereign power. Therefore, the concept of laws in modern business offer a logical resource, and platform to conduct integral operations. It is important to create a process that plans, offers, and increases operations, such as ethical agreements, and contracts between businesses, and partners. It is important to improve and meet the expectations of society based on their rights.

c) Who interprets laws?

To enforce the laws in the community, such as governance the Constitution is a depicted responsibility established figures created to provide awareness for maintaining a logical governance (Massey, 2016). The Executive branch of the government is the administration which protects the American public interests. The Legislature is a part of the law-making process that assists in meeting and increasing the retention of laws in the community. Finally, there is the Judiciary, which mandates laws and ensure individuals, organizations, or businesses do not breach laws, which might result in the infringement of other organization’s rights (Massey, 2016). The judiciary forms a branch which integrates the law system and uses the courtroom magistrates and judges to exercise the interpretation of laws.

Seminal constitutional and contractual case law and its influence on modern business

Seminal constitutional law is a clause revised in 1787 during the constitutional convention. It limits the interference of the government in contractual obligations between one or two parties. The 21st century has undergone diversification, and the application of contracts between two parties or through partnership offers a clear indication on diversification (Massey, 2016). Although this is true, there is the need for developing an offer and binding between two parties. The aim is to increase and improve a logical solution on enhancing, and how to fully increase, develop, and reduce the operations to meet, improve, and increase operational effectiveness in business operations (Hillman, 2012). Seminal constitutional law is a means to effectively increase the autonomy for conducting business operations, and if there are breaches on the contract the government or any judicial organization cannot interfere in the proceedings between the dispute, and any business disagreements between the two parties.

The importance of contracts in American business

Contracts offer an important resource for organizations to safeguard their resources. They offer a form of protection for an organization's resource in comparison to failure or lack of protection for an organization's assets. In case of a dispute, in a court of law or due to a disagreement between the relationships of partners, contracts are enforced in the court of law. This process assists with seeking of facts, and presentation of proof so legal counsel employs the necessary processes, plans, and resource allocations (Hillman, 2012). Finally, contracts offer an opportunity to thrive, and co-exist in the competitive business community. This is common due to large multinational companies taking advantage of smaller companies yet to thrive in the market. Hence, the use of contractual agreements assists in protecting the rights of individuals in the business community.

a) Why do contracts exist?

Contracts exist to illustrate obligations between binding parties. This process improves logical communication and protects the rights of business professionals. It is a form of confidentially and provides a logical understanding of business dealing between parties (Hillman, 2012). Contracts are used in the protection, allocation, and planning process to increase and improve business performance. Contracts provide proper communication, and proof of an agreement between two business parties.

b) How might contracts influence the sustainability of a business?

In the competitive business community, an organizations success depends on their competitive edge, and resources to meet the business community expectations, and how to effectively meet their obligations (Allen & Kraakman, 2016). The protection of a partner’s interest and resources assist with business sustainability and develops a foundation for future business growth and development.

When to engage legal counsel in the administration or defense of a contract

Legal counsel is employed in breach of a contract situations. A breach of contract involves breaking of a binding regulation, rule, condition, or a doctrine of a binding relationship or agreement between two or more parties. The binding results involve enforcement of a legal counsel in the court of law to ensure involved entities uphold their agreement (Allen & Kraakman, 2016). There is also the nature of using legal counsel to understand the process of a binding contract, and to assist in the process of drafting or signing a contractual agreement. Finally, legal counsel is enlisted in the defense of a contract when enforcing the offer or when parties disagree to the contents of the contracts or signed agreement.

Conclusion

In conclusion, the nature of business evolves with time, and drafters of contractual law in society factor these changes to align the law to modern day business practices. Constitutional and contract laws influence modern-day business by simplifying fundamental contents of an agreement, and open modes of reaching agreements between business professionals.

References

Rossum, R. A., & Tarr, G. A. (2016). American Constitutional Law, Volume I: The Structure of Government. Hachette UK

Massey, C. (2016). American Constitutional Law: Powers and Liberties. Wolters Kluwer Law & Business.

Hillman, R. A. (2012). The richness of contract law: An analysis and critique of contemporary theories of contract law. Springer Science & Business Media.

Allen, W. T., & Kraakman, R. (2016). Commentaries and cases on the law of business organization. Wolters Kluwer law & business.

	Unsatisfactory	Less Than Satisfactory	Satisfactory	Good	Excellent	Points Earned
	0.00%	73.00%	82.00%	91.00%	100.00%
C O N T E N T	180 pts	36 pts Discussion of the Nature of Constitutional Law in the United States
		0 A discussion of the nature of constitutional law in the United States (U.S.) is either missing or not evident to the reader.	<=26 A discussion of the nature of constitutional law in the U.S. is included but is inaccurate or is missing critical elements.	27-29 A discussion of the nature of constitutional law in the U.S. is included and is accurate but is cursory.	30-33 A discussion of the nature of constitutional law in the U.S. is included and is accurate. Information presented is from scholarly though dated sources.	34-36 A discussion of the nature of constitutional law in the U.S. is included, is thorough, and is accurate. Information presented is from current or seminal scholarly sources.
		36 pts Discussion of Seminal Constitutional and Contractual Case Law and the Influence of These on Modern Business
		0 A discussion of seminal constitutional and contractual case law and the influence of these on modern business is either missing or not evident to the reader.	<=26 A discussion of seminal constitutional and contractual case law and the influence of these on modern business is included but is inaccurate or is missing critical elements.	27-29 A discussion of seminal constitutional and contractual case law and the influence of these on modern business is included and is accurate but is cursory.	30-33 A discussion of seminal constitutional and contractual case law and the influence of these on modern business is included and is accurate. Information presented is from scholarly though dated sources.	34-36 A discussion of seminal constitutional and contractual case law and the influence of these on modern business is included, is thorough, and is accurate. Information presented is from current or seminal scholarly sources.
		36 pts Discussion of the Importance of Contracts in American Business
		0 A discussion of the importance of contracts in American business is not presented.	<=26 A discussion of the importance of contracts in American business is presented but is inaccurate or illogical.	27-29 A discussion of the importance of contracts in American business is presented, but is cursory and lacking in depth.	30-33 A discussion of the importance of contracts in American business is presented and is thorough.	34-36 A discussion of the importance of contracts in American business is thoroughly presented with rich detail.
		36 pts Discussion of When to Engage Legal Counsel in the Administration or Defense of a Contract
		0 No discussion of when to engage legal counsel in the administration or defense of a contract is not presented.	<=26 A discussion of when to engage legal counsel in the administration or defense of a contract is presented, but is illogical. Information presented is not based on scholarly sources.	27-29 A discussion of when to engage legal counsel in the administration or defense of a contract is presented. Information presented is from both non-scholarly and scholarly sources.	30-33 A discussion of when to engage legal counsel in the administration or defense of a contract is presented. Information presented is from scholarly though dated sources.	34-36 A discussion of when to engage legal counsel in the administration or defense of a contract is presented and is logical. Information presented is from current or seminal scholarly sources.
		36 pts Synthesis and Argument
		0 No synthesis of source information is evident. Statement of purpose is not followed to a justifiable conclusion. The conclusion does not support the claim made. Argument is incoherent and uses non-credible sources.	<=26 Synthesis of source information is attempted, but is not successful. Sufficient justification of claims is lacking. Argument lacks consistent unity. There are obvious flaws in the logic. Some sources have questionable credibility.	27-29 Synthesis of source information is present, but pedantic. Argument is orderly, but may have a few inconsistencies. The argument presents minimal justification of claims. Argument logically, but not thoroughly, supports the purpose. Sources used are credible. Introduction and conclusion bracket the thesis.	30-33 Synthesis of source information is present and meaningful. Argument shows logical progressions. Techniques of argumentation are evident. There is a smooth progression of claims from introduction to conclusion. Most sources are authoritative.	34-36 Synthesis of source information is present and scholarly. Argument is clear and convincing, presenting a persuasive claim in a distinctive and compelling manner. All sources are authoritative.
ORGANIZATION AND EFFECTIVENESS	22.5 pts	22.5 Pts Thesis Development and Purpose
		0 Paper lacks any discernible overall purpose or organizing claim.	<=16 Thesis and/or main claim are insufficiently developed and/or vague; purpose is not clear.	17-18 Thesis and/or main claim are apparent and appropriate to purpose.	19-20 Thesis and/or main claim are clear and forecast the development of the paper. They are descriptive and reflective of the arguments and appropriate to the purpose.	21-22.5 Thesis and/or main claim are clear and comprehensive; the essence of the paper is contained within the thesis.
FORMAT		11.25 Pts Mechanics of Writing
	22.5 pts	0 Mechanical errors are pervasive enough that they impede communication of meaning. Inappropriate word choice and/or sentence construction are used.	<=8 Frequent and repetitive mechanical errors distract the reader. Inconsistencies in language choice (register), sentence structure, and/or word choice are present.	9 Some mechanical errors or typos are present, but are not overly distracting to the reader. Correct sentence structure and audience-appropriate language are used.	10 Prose is largely free of mechanical errors, although a few may be present. A variety of sentence structures and effective figures of speech are used.	11-11.25 Writer is clearly in command of standard, written, academic English.
		11.25 Pts APA Format
		0 Required format is rarely followed correctly. No reference page is included. No in-text citations are used.	<=8 Required format elements are missing or incorrect. A lack of control with formatting is apparent. Reference page is present. However, in-text citations are inconsistently used.	9 Required format is generally correct. However, errors are present (e.g. font, cover page, margins, and in-text citations). Reference page is included and lists sources used in the paper. Sources are appropriately documented though some errors are present.	10 Required format is used, but minor errors are present (e.g. headings and direct quotes). Reference page is present and includes all cited sources. Documentation is appropriate and citation style is usually correct.	11-11.25 The document is correctly formatted. In-text citations and a reference page are complete and correct. The documentation of cited sources is free of error.
225 Total Weightage	SUBTOTAL	223/225

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