FUNNY FACE!!!!! PLEASE READ!!!!!!!!!!!!!!

POL-10067-XA161 Elements of US Legal System

TO: Katie O’Connor

From: Walter Joffre Jr.

Date: April 11th, 2021

RE: Funny Face Case

The legal process first begins with first understanding how the legal system of the United States of America works. The nation consists of two major systems of the government that is the federal and state. Each of these systems has its own set of laws. There are four sources of the law in which the federal and state system compose of, these sources are the constitutions, statues and ordinances, rules and regulations and finally the case law. Among the federal and state laws there also consists of three branches which are divided due to the separation of powers doctrine. These branches are the legislative, executive and judicial. The above-named branches are the ones that are responsible for creating the remaining sources of law. The legislative branch is responsible for enacting laws which are known as statues and ordinances, the executive branches enforce and ensure implementation of the laws by ensuring that rules and regulations are followed by every citizen. The judicial branches interpret these laws and is also responsible for making decisions concerning cases and issuing the written opinions. At both the federal and state level of the system, the law made in the United States was mainly derived from the common law system.

This law was in force during the period of the revolutionary war. This therefore means the system relies on court precedent in formal adjudications.

The Federal Food, Drug and Cosmetic Act under the consumer protection branch has mandate to protect the public health and safety in general in a quite variety of ways. It has the power to forbid the manufacture or distribution of either food, drugs or medicinal services and cosmetics that may cause harm to citizens. Violating rules under public health in the United States has consecutive serious penalties and are handled by the executive branch.

In accordance to the rules made to guide jurisdiction, a lawsuit is allowed and can be filed against any individual depending to the place where they live or conduct their business activities (Ryngaert, 2015). Therefore Chris, Ian and Matt who in this case live in California and conduct business in Florida. The rules of jurisdiction hence allow Donald Margolin to stand the chance of filing the lawsuit in the federal court of either California or Florida accordingly against them. However due to the laws termed in jurisdiction states that the case against the business can only be handled in Florida. This brings up the best opportunity and step to take is by filing the lawsuit in Florida. Other methods that can be applied to handle this case is by considering the Alternative Dispute Resolution which has the benefit of giving a chance for every party opinion to be considered in regard to weaknesses and strengths of the arguments presented and also evidence. Another form of procedure applicable in such a case is the ADR. This method is the best to consider implementing such cases and related one since it has option of offering binding and non-binding as contrary to the which does not have such options. Other benefits of choosing this method is that it results to avoiding wastage of time, it is also less formal and has also fewer rules when presented to the court. It also promotes fairness to both outcomes and the entire process; it provides that chance for accessibility and also neutral quality together with space for self-determination that is mediation process. However, the substitution of PYR during the manufacturing process of the Funny Face was led by Chris and Novelty then accepted to consider the act of including the PYR and it is not approved and allowed by FDA. This hence makes both parties responsible for allowing the production but on the website case by Funny Face statement excludes both Chris, Ian and Matt from any legal penalties of using the product manufactured. The repercussions will now have to be shifted back to Novelty Now. Despite repercussions shifting to Novelty Now, the FDA is able to sue this arrangement between the parties for not following rules in accordance of public health matters of using products that are already approved and termed as not dangerous by the organization which causes harm. In this situation, Margolin can decide to seek out for aid from FDA which are associated with specific effects which must be proved right by laws of PYR.

The role played by state and local court systems have their criminal responsibility under which power is under them. These includes the criminal responsibilities that are determined by judges in this case. The purpose of their existence being t administer justice fairly and administer penalties after discovering the truth from the true evidence collected. They also administer legal conflicts concerning parties and find justice by strictly adhering to the rules and regulations made. The local court are involved in cases in which involve the violation of the United States constitution and federal laws too, this is under jurisdiction. They also administer justice in cases that involve cases in between citizens of different states, copyright, maritime law and also patent related cases. The state courts have a higher level of ranking in jurisdiction and deals with cases that involve traffic violations, broken contracts and family disputes while the federal court hears cases that involve the United State as a party, cases that involve violations of the United states constitution or the federal laws, cases which involve disputes in between different state members and bankruptcy cases.

The litigation system does rely on parties on defending various claims, the plaintiff party is the party which begin the lawsuit especially in a civil case. This party brings in suit against the defendant party in this case or the perpetrator. This party in also involved in initiation of the litigation process in a criminal trial in the prosecution and representation the different citizens of the State. In cases that involve many plaintiffs, the civil procedures enable making it easy for both parties involved in the cases that is the accuser and the defendant to say out the expectations against each other. The plaintiff party generally can be termed as the party which brings a legal action or rather party which a name is brought forward to it different from the defendant which is the party that is being sued.

In the process of carrying out business activities it is important to consider future implications of not adhering to the rules and regulations spelled out by the government. The ethical sector of it aids so much in the process of determining the side which you fall to as a company or as an organization in between the right or the wrong side. Despite such events of tough decision making to either violate rules inn order to benefit as a company or to follow rules and make clean profit, it is advisable for the firms in different sectors to always tell the truth of the products they manufacture together with the ingredients used to make their product. The Funny Face product should be manufactured using the correct and approved raw materials. The organization need to consider the welfare and health of the customers who buy and consume their products. The firm has the chance to ethically consider compensating Margolin in this case is the PYR to be termed as the main cause of the negative implications that caused the implications. In the other sectors that is the marketing of Funny Face product, it is advisable for the firm to embrace and encourage honesty and transparency in regard to advertising their product, its ingredients, use and side effects.

reference

Armstrong, K. B., & Staman, J. A. (2018, February 9). Enforcement of the Food, Drug, and

Cosmetic Act: Select Legal Issues. Retrieved from https://fas.org/sgp/crs/misc/R43609.pdf.

Bonner, M. (2019, September 5). Federal and State Consumer Protection Laws May Affect

Your Business. Retrieved from

https://www.thebalancesmb.com/how-consumer-protection-laws-affect-businesses-

4161325

CPSC. (2019, April 24). Step 6: Best Practices. Retrieved from

https://www.cpsc.gov/business--manufacturing/business-education/business-

guidance/BestPractices.

Jurkowski, S. (2017, June). Subject matter jurisdiction. Retrieved from

https://www.law.cornell.edu/wex/subject_matter_jurisdiction.

The Judicial Learning Center. (2019). State Courts vs. Federal Courts. Retrieved from

https://judiciallearningcenter.org/state-courts-vs-federal-courts/.

UpCounsel, Inc. (2019). What Is the Meaning of Litigation in Law? Retrieved from

https://www.upcounsel.com/meaning-of-litigation-in-law.

UpCounsel. (2019). What Are the Advantages and Disadvantages of Arbitration? Retrieved

from

https://www.upcounsel.com/what-are-the-advantages-and-disadvantages-of-arbitration.

USAGov. (n.d.). Branches of the U.S. Government. Retrieved from

https://www.usa.gov/branches-of-government.