ELEMENTS OF US LEGAL SYSTEM

POL-10067-XA161 Elements of US Legal System

TO: Katie O’Connor

From: Walter Joffre Jr.

Date: April 11th, 2021

RE: Funny Face Case

Legal system is basically the processes or procedures that are involved in the interpretation and enforcement of the law. US legal system has a number of elements that enables it run smoothly. Flexibility and moral value are main elements of US legal system. The system ensures that any individual can assess the legal system without any constraint. Effectiveness and equitability is another element that influences smooth running of the US legal system. The legal system ensures there is no bias in the legal setup. These elements of US legal system have a number of effects on the business. Any legal system of a country has a significant advantage to what is referred to us international business. As a market, legal system of a country can affects the countries attractiveness. Therefore, these elements can bring a positive or a negative impact to the business.

U.S has several legal systems that is involved in solving most of the cases that occur in the nation. U.S constitution is responsible for the creation of a federal government that basically involves 3 branches which are separate and equal. The United States has a federal system of government, a composed constitution, and a custom-based law overall set of laws; however general set of laws is utilized here as a term of accommodation that envelops a variety of frameworks that are connected in regularly complex manners. It ought to be noticed that in the United States the expression the public authority is utilized to portray what in numerous different nations is designated the state. There is a legal system for the national government (for example for the United States at the public level), and there is a different framework for every one of the fifty states, for the District of Columbia (the country's capital), and for every one of the American domains and other abroad belongings. Generally, these frameworks fall inside the customary law custom. For this case, Judicial branch of legal system and executive branch of legal system will be used. The judicial branch helps in interpretation of the laws. Therefore, for the case First of Funny Face, Chris Matt and Novelty, Judicial branch of legal system will be responsible for the interpretation of the law thus ensuring there is no bias. Furthermore, judicial branch of legal system helps in deciding if the laws are violating the constitution. Another branch that can be used here is the executive. This branch helps in carrying and enforcing laws. Here, the executive which involves the president, vice president and the cabinet ensures that all the laws that are made in are enforced. Judicial and executive legal system ensure that the laws are applied correctly, and they are enforced accordingly. The legislative branch would not be involved unless they need to draft a proposed law or make changes to an existing one.

Based on this case's facts, jurisdiction rules are that the product of liability unless the case involves interstate commerce, then the Florida laws remain. Even though laws can vary from one state to another, they can become a federal court case when a crime violates the federal law. Jurisdiction, in this case, would remain in Florida if Margolin is in Florida, where Novelty Now Inc. manufactures and distributes their product. If Margolin is in a different state, then the case should be settled by the federal court to ensure both parties get a fair trial. (The Judicial Learning Center, 2019).

Litigation can turn the dispute into a resolution through the public court system. Pre-lawsuit litigation is initiated by Margolin (the plaintiff) and demands that Funny Face and Novelty Now (the defendants) take action to resolve his issue. (UpCounsel, Inc, 2019). Many litigations never reach trial because it involves a lengthy legal demands process until a settlement is reached. If at that time an agreement cannot be reached, then the case will go to trial.

The likely reason for legislation to support Funny Face in understanding the product safety laws is to help them recognize potential hazards to consumer use of the product. Funny Face and Novelty Now manufactures a product sold to the public and must follow the rules, including all regulations created by the Consumer Product Safety Commission (CPSC). (Bonner, 2019). (Bonner, 2019). There may be a combination of measures necessary to fix the problem.

The primary ADR Margolin could choose the discretion cycle since he may need a quicker interaction in a more classified setting. The expense of assertion is much less, and the two players consent to the authority, and he cannot bid in case choice is made. Second, the expense may exceed the repayment arrangement if there isn't a ton of cash engaged with the repayment. Third, the general guidelines of a court don't matter. For instance, rules of proof, absence of interrogation, restricted disclosure, lack of consistency, and absence of evidence would all be able to be huge hindrances (UpCounsel, 2019).

The ADR type that Funny Face and Novelty Now could choose would be the intervention interaction to rapidly and secretly go to an understanding. One of the advantages of this cycle is that mediation can have innovative answers for a settlement. Another benefit is that Funny Face and Novelty Now would be straightforwardly associated with arranging their arrangement.

In case the lawsuit for the case is successful or unsuccessful, the following are some of the impacts of the case. Firstly, the effect of the claim would spoil their image picture. Since it requires a long time to develop a brand picture and just one suit to annihilate the brand, Funny Face and Novelty Now may end up in a circumstance where they must choose the option to start from the very beginning. Organizations and purchasers need trust and trust in an item to work with them or purchase their items. The dangers of unfavorable exposure make a deficiency of confidence, adverse effect on deals, harm to the brand affiliation, and value. Once in a while, there is no returning from a corrupted brand image.

The use of the emulsifier PYR that Chris approved for the product is found to be a criminal offense, he would have committed what is known as a white-collar crime. Chris knowingly, negligently, and recklessly used PYR, which the FDA did not approve in order to make more money for the company. In a civil case scenario, the preponderance of the evidence is all that is needed to be found guilty. If found in violation, they may have to change the product's formula, pay fines, and prove to the court that they have really corrected the product. In conclusion, the criminal court could find Funny Face and Novelty Now guilty of a crime against the public. The civil courts would settle the case of Margolin vs. Funny Face and Novelty Now.

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 .