Final Project
Memo
To: |
Nicole Field |
From: | Tiara Davis |
Date: |
November 11, 2018
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Re: |
Sources of Law and Ethics |
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Introduction
The sources of Primary Law and Applicable Lucky Horseshoe Law
The primary source of law is the constitution. This is often the law of the land and determines every matter that has to do with legal aspects. Every other law must be o=in conformation with the constitution. Whatever law that is inconsistent with the Constitution is null and void to the extent of the inconsistency. The structure is the law of the land. It is often written and an embodiment of what the nation stands for regarding legal standings (Watson, 1998).
The second primary source of law is the international law. International law is necessarily a set of rules and regulations that seek to regulate and govern the conduct of nations between each other. This conduct is often from trading, asylum-seeking, and traveling of citizens. Essentially, international law is based on treaties between countries and good faith (Bosco, 2017).
The third primary source of law is case law. This is law derived from the British statutes and every binding precedent that the higher courts make. This law is a form of evolutionary adaptation of the law to emerging circumstances. Case law is essential as it helps expand on the substance of the law and elaborate on the constitution.
The fourth source of law is the supreme court of America. The Supreme Court can make laws that address issues that the Constitution may not have anticipated. However, these laws must be following the constitution and must not violate the provisions of the structure. This law is essential, made through the Supreme Court rulings.
The source of law applicable to the Reid case is the Constitution. It is in the constitution that the bills of rights are outlined. These bills of rights are what protect individual's rights from infringement. This is a case of individual rights violations. As such it falls under the constitution.
U.S. Constitution Protections
The restaurant owner has rights under the United States Constitution. He is protected if he is lawfully conducting his business and not infringing on his neighbor's rights. He is protected under the law from interference to his company. He is guaranteed reasonable, peaceful operation of his business as per the provisions of the constitution. The United States Constitution is the rule of the land in the United States. It is a document that acts as the fundamental source of law for the country (Hudson & David, 2002).
The bartender has the right to live and work in a peaceful manner free of unwarranted interference. This is a provision of the constitution under the bill of rights. This right of the bartender as a person is protected thus. The insults and fights that the bartender has been subjected to by Mrs. Reid are a violation of his rights. Additionally, the bartender is working for Lucky Horseshoe Restaurant. His work is done in this capacity and should not be punished for it. It is the business that should be dealt with by Mrs. Reid (Hudson & David, 2002).
The Constitution and the statutes protects the customers. The business owes the consumer a degree of liability for their safety and entirely. Whatever happens to the customer on the premise can effectively and legally charge to the Lucky Horseshoe Restaurant. This is covered under occupier liability clauses within the statutes of the United States (Hudson & David, 2002).
Did Reid Behave Unethically?
I honestly believe that Reid behaved unethically. She was involved in too many fights with the bartender. She also verbally assaulted the patrons. This was very unethical and improper behavior. I think she could have handled the situation more ethically, she could have had a conversation with the owner of the restaurant or even she could have filed a complaint against the restaurant.
Conclusion
The law is a dynamic entity. It protects the rights of the multiple individuals within the community. I think that these laws should be enforced more.
References
Bosco. (2017). Rough Justice: The International Criminal Court in a World of Power and Politics. Oxford University Press; 1 edition.
Hudson & David. (2002). The Fourteenth Amendment: Equal Protection Under the Law (Constitution). Enslow Publishers.
Watson. (1998). Sources of Law, Legal Change, and Ambiguity. University of Pennsylvania Press.
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