Role and Functions of Law Paper Essay Sample
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Role and Functions of Law Paper Essay Sample
There are several roles, types, and functions of law in society today; whether it is an individual, worker, or business owner everyone is subject to and must abide by the federal and state courts and laws of this country. The judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. This is an example of check and balances in a modern governmental system. Working on a federal installation (Tinker AFB) the industry has to follow both federal guidelines and laws. Federal and State Court Structure
The differences between the two court structures: The United States Constitution is the supreme law of the land in the United States (U.S.). The federal system of government was created that shared the power between the federal and state governments. Because of the federalism both, federal and state governments have their own court systems. The Federal Court system structure incorporates Article III of the Constitution: invests the judicial power of the United States in the federal court system. Article III, Section I specifically create the U.S. Supreme Court and give Congress the authority to create the lower federal courts. While having the power, Congress established the 13 U.S. Courts of Appeals, 94 U.S. District Courts, U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts hand all the bankruptcy issues.
The District Courts matters are handle by some Magistrate Judges. The U.S. Court of Appeals was established for the U.S. District Court, The U.S. Court of Claims, or the U.S. Court of International Trade if a party was dissatisfied with the decision they have made. The State of Oklahoma Constitution was adopted in 1907 and established the Oklahoma Court System. The judicial system for Oklahoma is a unified state court and it functions under the Chief Justice of Oklahoma. There are five types of courts function: Courts of Limited Jurisdiction, Courts of General Jurisdiction, an Immediate Appellate Court, Specials Courts, and Courts of Last Resort (The Supreme Court and the Judicial System, April 21, 2010).
The Concept of Judicial Review
The concept of the judicial review was created during the founding of the United States and specifically included in the constitutional governments and is a doctrine under which legislative and executive actions are subject to review by the judiciary. Judicial review is one of the main characteristics of government in the Federal Republic of the United States and other democratically elected governments. A specific court with judicial review power may annul the acts of the state when it finds them incompatible with a higher authority. Judicial review is an example of check and balances in a modern governmental system. The principle is interpreted differently in different jurisdictions; this also had different views on the various hierarchy of governmental norms. This procedure and scope of judicial review may differ from state to state. Aviation Laws and Regulations As an aircraft mechanic and working on a federal installation it is mandatory to follow the federal regulations.
The Federal Aviation Administration Act of 1958 (FAA) was founded in August 23, 1958, an agency of the United States Department of Transportation. The FAA has been given the authority to monitor and regulate all aspects of civil aviation in the United States. One of the regulations the position I hold is required to follow, Title 14 of the Code of Federal Regulations (14CFR) govern today’s aircraft. Within the 14 CFR there are 68 regulations organized into three volumes under Title 14. The three categories are as followed: Administrative, Airworthiness Certification and Airworthiness Operation. The 14 CFR, Part 43 covers the maintenance, preventive maintenance, rebuilding, and alterations. For all aircraft mechanics this regulation is the heart that everyone has to follow during the inspections. It also is the second of the “Big Three” regulation that has been identified part of the 14CFR. The “Big Three” identifies the requirements of and the procedures for obtaining type certificates, supplemental type certificates, production certificates, airworthiness certificates, and import and export approvals. Airworthy means the aircraft conforms to its type design and is in a condition for safe operation.
Production means an aircraft, aircraft engine, or aircraft propeller (FAA.gov, Publications, Forms, & Records Conclusion No matter what position you hold there will always be guidelines, laws, and rules and regulations. The Federal and State court systems contain similar structures, but significantly contrast in the judicial selection process and level of jurisdiction. Judicial Review is a strong empowerment that can be used for the interest of the courts, it is the only check and balance in power that the Judiciary really has. It can only investigate a law or action that is seen to be unconstitutional, which seams not so powerful, but in reality it is because once to court makes a decision becomes common law of land. In my current position it is mandatory all aircraft mechanics’ to follow federal law of 14 CFR.
1. Stephens, Jerry E., “Judiciary,” Encyclopedia of Oklahoma History and Culture (accessed June 23, 2010). 2. Oklahoma State Court Network, The Supreme Court and the Judicial System” (accessed April 21, 2010). 3. http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/comparing-state-federal-courts.aspx, Administrative Office of the U.S. Courts on behalf of the Federal Judiciary.