ELEMENTS OF US LEGAL SYSTEM

POL-10067-XA161 Elements of US Legal System

TO: Katie O’Connor

From: Walter Jofre Jr.

Date: April 11th, 2021

RE: Funny Face Case

The legal system refers to the mechanisms and procedures involved in interpreting and enforcing the law. The legal system in the United States is made up of a variety of components that allow it to function smoothly. The US legal system emphasizes flexibility and moral value. The framework guarantees that everyone can evaluate the legal system without restriction. Another factor that affects the smooth operation of the US legal system is its effectiveness and equitability. The legal code guarantees that the legal system is free of prejudice. These aspects of the US legal system have a variety of implications for industry. Any country's legal system has a huge advantage in what is known as international business. As a market, a country's legal system may influence its attractiveness. As a result, these elements may have a positive or negative effect on the business.

The United States has many legal structures that are involved in resolving the majority of cases that arise in the country. The United States constitution is responsible for the establishment of a federal government that consists of three distinct and equal branches. The United States has a federal government, a written constitution, and a custom-based law overall set of laws; nevertheless, the phrase "overall set of laws" is used here as a term of convenience that encompasses a number of systems that are linked in often complex ways. It should be noted that in the United States, the term "public authority" is used to describe what is known as "government" in many other countries. There is a legal structure for the national government (for example, for the United States at the public level), and there is a separate framework for each of the fifty states, the District of Columbia (the country's capital), and each of the American domains and other overseas holdings. In certain cases, these systems are part of the customary law tradition. The Judicial branch of the legal system and the Executive branch of the legal system would be included in this situation. The legal system is supported by the judicial branch. As a result, in the case of First of Funny Face, Chris Matt, and Novelty, the judicial branch of the legal system will be in charge of the law's interpretation, ensuring that there is no prejudice. In addition, the judicial branch of the legal system aids in determining if laws violate the constitution. The executive is another branch that can be included in this situation. This division aids in the carrying out and enforcement of laws. The executive branch, which includes the president, vice president, and cabinet, ensures that all laws passed are followed. The legal system, both judicial and executive, ensures that laws are properly interpreted and implemented. The legislative branch will only be involved if a new law or a modification to an existing law is required.

Based on the facts of this case, the product of liability provisions applies unless the case concerns interstate commerce, in which case Florida laws apply. Even though laws differ from state to state, when a felony violates federal law, it can result in a federal court case. If Margolin is in Florida, where Novelty Now Inc. produces and distributes their product, the jurisdiction will remain in Florida. If Margolin is in another jurisdiction, the dispute should be resolved in federal court to ensure that all parties have a fair trial. (2019, The Judicial Learning Center).

In the public court system, litigation will bring a conflict to a conclusion. Margolin (the plaintiff) files a pre-lawsuit lawsuit demanding that Funny Face and Novelty Now (the defendants) take action to remedy his issue. (2019, UpCounsel, Inc.) Many lawsuits never go to trial because of the lengthy legal demands process that must be followed before a settlement is reached. If no decision can be found by then, the matter will be taken to trial. The most likely explanation for legislation to assist Funny Face in interpreting product safety laws is to aid them in recognizing possible dangers associated with product use by consumers. Funny Face and Novelty Now makes a product for the general public and must adhere to all laws, including the Consumer Product Safety Commission's regulations (CPSC). (2019, Bonner) (2019, Bonner) To solve the problem, a combination of measures may be required.

The most significant ADR Margolin would prefer the discretion period because he may need a faster interaction in a more classified setting. The cost of assertion is much lower, all players agree to the authority, and he is unable to bid if a choice is made. Second, if there isn't a lot of money involved in the repayment, the cost will surpass the repayment agreement. Third, a court's general rules are irrelevant. Rules of proof, lack of interrogation, restricted disclosure, lack of clarity, and lack of evidence, for example, may all be major roadblocks (UpCounsel, 2019).

The interference relationship will be the ADR kind that Funny Face and Novelty Now might choose to quickly and secretly reach an agreement. Mediation will provide new solutions for a settlement, which is one of the benefits of this cycle. Another advantage is that arranging their relationship would be directly synonymous with Funny Face and Novelty Now.

The following are some of the case's consequences, whether the lawsuit is successful or unsuccessful. For starters, the impact of the argument will detract from their profile. Since it takes a long time to build a brand image and just one suit to destroy it, Funny Face and Novelty Now can find themselves in a situation where they must choose to start from the beginning. To work with them or buy their products, organizations and buyers need to have faith in the item. The risks of unfavorable publicity include a lack of trust, a negative impact on deals, and damage to brand affiliation and value. There are times when a tainted brand picture is irreversible.

Chris would have committed what is perceived as a white-collar crime if the emulsifier PYR that he approved for the product was found to be illegal. To make more money for the company, Chris knowingly, negligently, and recklessly used PYR, which the FDA had not approved. To be found guilty in a civil case, all that is required is a preponderance of the facts. If they are found in breach, they will be required to change the product's formula, pay fines, and demonstrate to the court that the product has been properly corrected. Finally, a criminal court may find Funny Face and Novelty Now guilty of a public nuisance offense. Margolin vs. Funny Face and Novelty Now will be decided by civil courts.

REFERENCES

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.