MGT- 825 - CONSTITUTION AND CONTRACTS 1 CONSTITUTION AND CONTRACTS 10 Constitutional and Contract Laws and their Influences on Modern Business Laws are based on doctrines, policies, and ethical foundations which if brought and used appropriately offer an added advantage to the co-existence of society. The foundation of law is fundamentally based in the field of psychology, which assists in the conversation of our existence, nature, and how it relates to the natural balance of mankind . These are the thoughts of John Locke’s theory of the natural balance to human existence, rights, and ability to make decisions. Therefore, the discussion focuses on the existence of the American Constitution, its origins, and how it influences the mode of contractual agreements in modern business. The nature of constitutional law in the U.S Constitutional law is a body of doctrines, laws, regulations, and policies that offer a clear operational guideline for a community or a political campaign (Rossum & Tarr, 2016). In the contemporary community, nationalism has taken over the essence of leaders and political ramifications in the perspective of understanding the rights of many. This has become a culture because organizations, churches, states, parliament, and businesses have different constitutions, which define a set of rules or doctrines that assist in community observation, and organizational operations. Therefore, the nature of the constitutional law in the American community refers to the rules set by the states on their respective rights to the community, and society (Rossum & Tarr, 2016). Therefore, the Constitution can take different forms, and this often includes changes in society and how the Constitution impacts the community’s operations, rules, and regulations. Due to multiple States, constitutional law changes to meet community expectations. a) Where did it originate? The origins of the Constitution are attributed to the philosophy of John Locke’s thoughts on human beings possessing the rights to their own opinions. The foundations of Locke’s theory developed the foundations for Natural law (Rossum & Tarr, 2016). Natural law’s essence is to limit the powers of men, and to make sure the men in the community rights are protected. The increase in a man’s power in the community illustrated the change in how a man’s actions does not overcome societal boundaries. In 1776, the Declaration of Independence indicated the social understanding of the laws of man, and how to increase the rules as a way of meeting the expectations of society (Rossum & Tarr, 2016). The philosophy and foundations of Natural law led to the creation, planning, and inception of the Constitution. b) By what right are laws made? Laws in the contemporary community are built on a bridge of protecting an individual’s rights. For instance, there is freedom of expression based on the rights of man, which is attributed to Locke’s philosophy, and essence of offering human righ ...

1. MGT- 825 - CONSTITUTION AND CONTRACTS
1
CONSTITUTION AND CONTRACTS
10
Constitutional and Contract Laws and their Influences on
Modern Business
Laws are based
on doctrines, policies, and ethical foundations which if brought
and used appropriately offer an added advantage to the co-
existence of society. The foundation of law is
fundamentally based in the field of psychology, which assists in
the conversation of our existence, nature, and how it relates to
the natural balance of mankind
. These are the thoughts of John Locke’s theory of the natural
balance to human existence, rights, and ability to make
decisions. Therefore, the discussion focuses on the existence of
the American Constitution, its origins, and how it
influences the mode of contractual agreements in modern
business.
The nature of constitutional law in the U.S
Constitutional law is a body of doctrines, laws, regulations, and
policies that offer
a clear operational guideline for a community or a political
campaign (Rossum & Tarr, 2016). In the contemporary
community, nationalism has taken over the essence of leaders
and political ramifications in the perspective of understanding
the rights of many. This
has become a culture because organizations, churches, states,
parliament, and businesses have different constitutions, which

2. define a set of rules or doctrines that assist in community
observation, and organizational operations. Therefore, the
nature of the constitutional law in the American community
refers to the rules set by the states on their respective rights to
the community, and society (Rossum & Tarr, 2016). Therefore,
the Constitution can take different forms, and this often
includes
changes in society and how the Constitution impacts the
community’s operations, rules, and regulations. Due to multiple
States, constitutional law changes to meet community
expectations.
a) Where did it originate?
The origins of the Constitution are attributed to the philosophy
of John Locke’s thoughts on human beings possessing the rights
to their own opinions. The foundations of Locke’s theory
developed the foundations for Natural law (Rossum & Tarr,
2016). Natural law’s essence is to limit the powers of men, and
to make sure the men in the community rights are protected. The
increase in a man’s power in the community illustrated the
change in how a man’s actions does not overcome societal
boundaries. In 1776, the Declaration of Independence indicated
the social understanding of the laws of man, and how to
increase the rules as a way of meeting the expectations of
society (Rossum & Tarr, 2016). The philosophy and foundations
of Natural law led to the creation, planning, and inception of the
Constitution.
b) By what right are laws made?
Laws in the contemporary community are built on a bridge of
protecting an individual’s rights. For instance, there is freedom
of expression based on the rights of man, which is attributed to
Locke’s philosophy, and essence of offering human rights to
choose, and co-exist in the community (Massey, 2016). It is not
about natural selection as in the evolution of man, which are
monarchies with limited sovereign power. Therefore, the

3. concept of laws in modern business offer a logical resource, and
platform to conduct integral operations. It is important to create
a process that plans, offers, and increases operations, such as
ethical agreements, and contracts between businesses, and
partners. It is important to improve and meet the expectations of
society based on their rights.
c) Who interprets laws?
To enforce the laws in the community, such as governance the
Constitution is a depicted responsibility established figures
created to provide awareness for maintaining a logical
governance (Massey, 2016). The Executive branch of the
government is the administration which protects the American
public interests. The Legislature is a part of the law-making
process that assists
in meeting and increasing the retention of laws in the
community. Finally, there is the Judiciary, which mandates
laws and ensure individuals, organizations, or businesses do not
breach laws, which might result in the infringement of other
organization’s rights (Massey, 2016). The judiciary forms a
branch which integrates the law system and uses the courtroom
magistrates and judges to exercise the interpretation of laws.
Seminal constitutional and contractual case law and its
influence on modern business
Seminal constitutional law is a clause revised in 1787 during
the constitutional convention. It limits the interference of the
government in contractual obligations between one or two
parties. The 21st century has undergone diversification, and the
application of contracts between two parties or through
partnership offers a clear indication on diversification (Massey,
2016). Although this is true, there is the need for developing an
offer and binding between two parties. The aim is to increase
and improve a logical solution on enhancing, and how to fully
increase, develop, and reduce the operations to meet, improve,
and increase operational effectiveness in business operations

4. (Hillman, 2012). Seminal constitutional law is a means to
effectively increase the autonomy for conducting business
operations, and if there are breaches on the contract the
government or any judicial organization cannot interfere in the
proceedings between the dispute, and any business
disagreements between the two parties.
The importance of contracts in American business
Contracts offer an important resource for organizations to
safeguard their resources. They offer a form of protection for an
organization's resource in comparison to failure or lack of
protection for an organization's assets. In case of a dispute, in a
court of law or due to a disagreement between the relationships
of partners, contracts are enforced in the court of law. This
process assists with seeking of facts, and presentation of proof
so legal counsel employs the necessary processes, plans, and
resource allocations (Hillman, 2012). Finally, contracts offer an
opportunity to thrive, and co-exist in the competitive business
community. This is common due to large multinational
companies taking advantage of smaller companies yet to thrive
in the market. Hence, the use of contractual agreements assists
in protecting the rights of individuals in the business
community.
a) Why do contracts exist?
Contracts exist to illustrate obligations between binding parties.
This process improves logical communication and protects the
rights of business professionals. It is a form of confidentially
and provides a logical understanding of business dealing
between parties (Hillman, 2012). Contracts are used in the
protection, allocation, and planning process to increase and
improve business performance. Contracts provide proper
communication, and proof of an agreement between two
business parties.
b) How might contracts influence the sustainability of a
business?

5. In the competitive business community, an organizations
success depends on their competitive edge, and resources to
meet the business community expectations, and how to
effectively meet their obligations (Allen & Kraakman, 2016).
The protection of a partner’s interest and resources assist with
business sustainability and develops a foundation for future
business growth and development.
When to engage legal counsel in the administration or defense
of a contract
Legal counsel is employed in breach of a contract situations. A
breach of contract involves breaking of a binding regulation,
rule, condition, or a doctrine of a binding relationship or
agreement between two or more parties. The binding results
involve enforcement of a legal counsel in the court of law to
ensure involved entities uphold their agreement (Allen &
Kraakman, 2016). There is also the nature of using legal
counsel to understand the process of a binding contract, and to
assist in the process of drafting or signing a contractual
agreement. Finally, legal counsel is enlisted in the defense of a
contract when enforcing the offer or when parties disagree to
the contents of the contracts or signed agreement.
Conclusion
In conclusion, the nature of business evolves with time, and
drafters of contractual law in society factor these changes to
align the law to modern day business practices. Constitutional
and contract laws influence modern-day business by simplifying
fundamental contents of an agreement, and open modes of
reaching agreements between business professionals.
References
Rossum, R. A., & Tarr, G. A. (2016). American Constitutional

6. Law, Volume I: The Structure of Government. Hachette UK
Massey, C. (2016). American Constitutional Law: Powers and
Liberties. Wolters Kluwer Law & Business.
Hillman, R. A. (2012). The richness of contract law: An
analysis and critique of contemporary theories of contract law.
Springer Science & Business Media.
Allen, W. T., & Kraakman, R. (2016). Commentaries and cases
on the law of business organization. Wolters Kluwer law &
business.
Unsatisfactory
Less Than Satisfactory
Satisfactory
Good
Excellent
Points Earned
0.00%
73.00%
82.00%
91.00%
100.00%
C O N T E N T
180 pts
36 pts Discussion of the Nature of Constitutional Law in the
United States
0
A discussion of the nature of constitutional law in the United
States (U.S.) is either missing or not evident to the reader.
<=26
A discussion of the nature of constitutional law in the U.S. is
included but is inaccurate or is missing critical elements.
27-29

7. A discussion of the nature of constitutional law in the U.S. is
included and is accurate but is cursory.
30-33
A discussion of the nature of constitutional law in the U.S. is
included and is accurate. Information presented is from
scholarly though dated sources.
34-36
A discussion of the nature of constitutional law in the U.S. is
included, is thorough, and is accurate. Information presented is
from current or seminal scholarly sources.
36 pts Discussion of Seminal Constitutional and Contractual
Case Law and the Influence of These on Modern Business
0
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is either missing
or not evident to the reader.
<=26
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included but is
inaccurate or is missing critical elements.
27-29
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included and is

8. accurate but is cursory.
30-33
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included and is
accurate. Information presented is from scholarly though dated
sources.
34-36
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included, is
thorough, and is accurate. Information presented is from current
or seminal scholarly sources.
36 pts Discussion of the Importance of Contracts in American
Business
0
A discussion of the importance of contracts in American
business is not presented.
<=26
A discussion of the importance of contracts in American
business is presented but is inaccurate or illogical.
27-29
A discussion of the importance of contracts in American
business is presented, but is cursory and lacking in depth.
30-33

9. A discussion of the importance of contracts in American
business is presented and is thorough.
34-36
A discussion of the importance of contracts in American
business is thoroughly presented with rich detail.
36 pts Discussion of When to Engage Legal Counsel in the
Administration or Defense of a Contract
0
No discussion of when to engage legal counsel in the
administration or defense of a contract is not presented.
<=26
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented, but is
illogical. Information presented is not based on scholarly
sources.
27-29
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented. Information
presented is from both non-scholarly and scholarly sources.
30-33
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented. Information
presented is from scholarly though dated sources.

10. 34-36
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented and is
logical. Information presented is from current or seminal
scholarly sources.
36 pts Synthesis and Argument
0
No synthesis of source information is evident. Statement of
purpose is not followed to a justifiable conclusion. The
conclusion does not support the claim made. Argument is
incoherent and uses non-credible sources.
<=26
Synthesis of source information is attempted, but is not
successful. Sufficient justification of claims is lacking.
Argument lacks consistent unity. There are obvious flaws in the
logic. Some sources have questionable credibility.
27-29
Synthesis of source information is present, but pedantic.
Argument is orderly, but may have a few inconsistencies. The
argument presents minimal justification of claims. Argument
logically, but not thoroughly, supports the purpose. Sources
used are credible. Introduction and conclusion bracket the
thesis.

11. 30-33
Synthesis of source information is present and meaningful.
Argument shows logical progressions. Techniques of
argumentation are evident. There is a smooth progression of
claims from introduction to conclusion. Most sources are
authoritative.
34-36
Synthesis of source information is present and scholarly.
Argument is clear and convincing, presenting a persuasive claim
in a distinctive and compelling manner. All sources are
authoritative.
ORGANIZATION AND EFFECTIVENESS
22.5 pts
22.5 Pts Thesis Development and Purpose
0
Paper lacks any discernible overall purpose or organizing claim.
<=16
Thesis and/or main claim are insufficiently developed and/or
vague; purpose is not clear.
17-18
Thesis and/or main claim are apparent and appropriate to
purpose.
19-20
Thesis and/or main claim are clear and forecast the development
of the paper. They are descriptive and reflective of the

12. arguments and appropriate to the purpose.
21-22.5
Thesis and/or main claim are clear and comprehensive; the
essence of the paper is contained within the thesis.
FORMAT
11.25 Pts Mechanics of Writing
22.5 pts
0
Mechanical errors are pervasive enough that they impede
communication of meaning. Inappropriate word choice and/or
sentence construction are used.
<=8
Frequent and repetitive mechanical errors distract the reader.
Inconsistencies in language choice (register), sentence
structure, and/or word choice are present.
9
Some mechanical errors or typos are present, but are not overly
distracting to the reader. Correct sentence structure and
audience-appropriate language are used.
10
Prose is largely free of mechanical errors, although a few may
be present. A variety of sentence structures and effective
figures of speech are used.
11-11.25
Writer is clearly in command of standard, written, academic
English.
11.25 Pts APA Format
0

13. Required format is rarely followed correctly. No reference page
is included. No in-text citations are used.
<=8
Required format elements are missing or incorrect. A lack of
control with formatting is apparent. Reference page is present.
However, in-text citations are inconsistently used.
9
Required format is generally correct. However, errors are
present (e.g. font, cover page, margins, and in-text citations).
Reference page is included and lists sources used in the paper.
Sources are appropriately documented though some errors are
present.
10
Required format is used, but minor errors are present (e.g.
headings and direct quotes). Reference page is present and
includes all cited sources. Documentation is appropriate and
citation style is usually correct.
11-11.25
The document is correctly formatted. In-text citations and a
reference page are complete and correct. The documentation of
cited sources is free of error.
225 Total Weightage
SUBTOTAL
223/225
�Another great tool in Microsoft Word is to set your document
to alert you of passive voice and so you can change your writing
to active voice. Simply go to Word Options, proofing, settings,
and check the box for passive sentences
�Another great tool in Microsoft Word is to set your document
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to active voice. Simply go to Word Options, proofing, settings,
and check the box for passive sentences

14. �Possible gender bias.
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E.g. Nationalism has become a ….
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Or write …these often include…
Again, the previous noun singular requires a plural verb
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�I have made suggested corrections related to grammar,
punctuation, and spelling in most of your document. Continue to

15. review your document for other possible errors.
Microsoft Word has a spellcheck and grammar check that can
assist you in this task. Read over your document as well before
submission to make corrections and avoid lost points.
�Well done.
Constitution and Contracts
1
Unsatisfactory
0.00%
2
Less Than Satisfactory
73.00%
3
Satisfactory
82.00%
4
Good
91.00%
5
Excellent
100.00%
80.0 %Content
10.0 %Discussion of the Nature of Constitutional Law in the
United States

16. A discussion of the nature of constitutional law in the United
States (U.S.) is either missing or not evident to the reader.
A discussion of the nature of constitutional law in the U.S. is
included, but is inaccurate or is missing critical elements.
A discussion of the nature of constitutional law in the U.S. is
included and is accurate, but is cursory.
A discussion of the nature of constitutional law in the U.S. is
included and is accurate. Information presented is from
scholarly though dated sources.
A discussion of the nature of constitutional law in the U.S. is
included, is thorough, and is accurate. Information presented is
from current or seminal scholarly sources.
20.0 %Discussion of Seminal Constitutional and Contractual
Case Law and the Influence of These on Modern Business
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is either missing
or not evident to the reader.
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included, but
is inaccurate or is missing critical elements.
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included and is
accurate, but is cursory.
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included and is
accurate. Information presented is from scholarly though dated
sources.
A discussion of seminal constitutional and contractual case law
and the influence of these on modern business is included, is
thorough, and is accurate. Information presented is from current
or seminal scholarly sources.
20.0 %Discussion of the Importance of Contracts in American
Business
A discussion of the importance of contracts in American

17. business is not presented.
A discussion of the importance of contracts in American
business is presented, but is inaccurate or illogical.
A discussion of the importance of contracts in American
business is presented, but is cursory and lacking in depth.
A discussion of the importance of contracts in American
business is presented and is thorough.
A discussion of the importance of contracts in American
business is thoroughly presented with rich detail.
20.0 %Discussion of When to Engage Legal Counsel in the
Administration or Defense of a Contract
No discussion of when to engage legal counsel in the
administration or defense of a contract is not presented.
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented, but is
illogical. Information presented is not based on scholarly
sources.
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented. Information
presented is from both non-scholarly and scholarly sources.
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented. Information
presented is from scholarly though dated sources.
A discussion of when to engage legal counsel in the
administration or defense of a contract is presented and is
logical. Information presented is from current or seminal
scholarly sources.
10.0 %Synthesis and Argument
No synthesis of source information is evident. Statement of
purpose is not followed to a justifiable conclusion. The
conclusion does not support the claim made. Argument is
incoherent and uses non-credible sources.
Synthesis of source information is attempted, but is not
successful. Sufficient justification of claims is lacking.

18. Argument lacks consistent unity. There are obvious flaws in the
logic. Some sources have questionable credibility.
Synthesis of source information is present, but pedantic.
Argument is orderly, but may have a few inconsistencies. The
argument presents minimal justification of claims. Argument
logically, but not thoroughly, supports the purpose. Sources
used are credible. Introduction and conclusion bracket the
thesis.
Synthesis of source information is present and meaningful.
Argument shows logical progressions. Techniques of
argumentation are evident. There is a smooth progression of
claims from introduction to conclusion. Most sources are
authoritative.
Synthesis of source information is present and scholarly.
Argument is clear and convincing, presenting a persuasive claim
in a distinctive and compelling manner. All sources are
authoritative.
10.0 %Organization and Effectiveness
10.0 %Thesis Development and Purpose
Paper lacks any discernible overall purpose or organizing claim.
Thesis and/or main claim are insufficiently developed and/or
vague; purpose is not clear.
Thesis and/or main claim are apparent and appropriate to
purpose.
Thesis and/or main claim are clear and forecast the development
of the paper. They are descriptive and reflective of the
arguments and appropriate to the purpose.
Thesis and/or main claim are clear and comprehensive; the
essence of the paper is contained within the thesis.
10.0 %Format
5.0 %Mechanics of Writing
Mechanical errors are pervasive enough that they impede

19. communication of meaning. Inappropriate word choice and/or
sentence construction are used.
Frequent and repetitive mechanical errors distract the reader.
Inconsistencies in language choice (register), sentence
structure, and/or word choice are present.
Some mechanical errors or typos are present, but are not overly
distracting to the reader. Correct sentence structure and
audience-appropriate language are used.
Prose is largely free of mechanical errors, although a few may
be present. A variety of sentence structures and effective
figures of speech are used.
Writer is clearly in command of standard, written, academic
English.
5.0 %APA Format
Required format is rarely followed correctly. No reference page
is included. No in-text citations are used.
Required format elements are missing or incorrect. A lack of
control with formatting is apparent. Reference page is present.
However, in-text citations are inconsistently used.
Required format is generally correct. However, errors are
present (e.g. font, cover page, margins, and in-text citations).
Reference page is included and lists sources used in the paper.
Sources are appropriately documented though some errors are
present.
Required format is used, but minor errors are present (e.g.
headings and direct quotes). Reference page is present and
includes all cited sources. Documentation is appropriate and
citation style is usually correct.
The document is correctly formatted. In-text citations and a
reference page are complete and correct. The documentation of
cited sources is free of error.
100 %Total Weightage