Friday, December 6, 2019
Employment Laws
Question: Explain Employment Laws. Answer: Employment Laws Judges generally play a major role in the maintenance of justice in the country. Any judge while delivering a judgment or any attorney while discussing any case needs to ensure that the law that is being stated is based on the legal principle of narrow tailoring. It essentially means that the law should specify only the goals that it intends to specify (Tiersma, 1999). This generally helps to avoid any misinterpretation. In the United States the rule of constant degree is prevalent in cases where a settlement has been reached between parties with any guilt or liability. Further while delivering judgment it needs to be made sure that judges abide by the principle of reasonable basis according to which it is necessary that the given situation is compared to what a reasonable man under similar circumstances would have done. Also the courts need to follow the rule of strict scrutiny which is type of judicial review where the courts are required to determine the constitutional validity of some of the laws. Also while delivering judgment it becomes necessary for the judges to avoid reverse discrimination. This is the discrimination of the majority group members with that of the minority or disadvantaged group members (Wagner and Cacciaguidi-Fahy, 2006). These groups may be classified under the genres of race or caste or gender or religion or any other similar factors. Finally underutilization of people or law should be avoided so that each thing is used to its full potential. Hence these essential elements are required to be maintained while the delivery of judgments. References Tiersma, P. (1999).Legal language. Chicago: University of Chicago Press. Wagner, A. and Cacciaguidi-Fahy, S. (2006).Legal language and the search for clarity. Bern: Peter Lang.
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