Understanding Business Law in English Legal System

Business Law
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Table of Contents
Introduction..............................................................................................................................................................3
Section 1: Nature of Legal System...........................................................................................................................4
P1 (a)...................................................................................................................................................................4
P2 (b)...................................................................................................................................................................6
M1.......................................................................................................................................................................7
D1........................................................................................................................................................................8
Section 2...................................................................................................................................................................9
P3 a) Briefly explain Employers’ legal obligations in relation to.......................................................................9
(b)......................................................................................................................................................................10
M2.....................................................................................................................................................................11
Section 3:................................................................................................................................................................12
P4.......................................................................................................................................................................12
P5.......................................................................................................................................................................14
M3.....................................................................................................................................................................15
D2......................................................................................................................................................................16
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice................................17
(P6) (a)...............................................................................................................................................................17
b)........................................................................................................................................................................18
M4.....................................................................................................................................................................19
D2......................................................................................................................................................................20
Conclusion:............................................................................................................................................................21
References..............................................................................................................................................................22
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Introduction
This report provides us with the understanding regarding the English Legal System and the
formulation of the laws. The role played by the administrative departments in the law
functioning are explained effectively to develop the good understanding and the concepts.
Further, the reforms made in the law functioning also make it more flexible and the effective
for the functions. This report also provides the discussion regarding the legal obligation laid
by the employer in terms of the various acts and the regulations. These are related to the
health and safety, equality acts, workers compensation, etc. Further, the solutions to the legal
cases are also provided in this report to develop the good understanding of the topics. The
effectiveness in terms of the procedures related to the alternative dispute resolution is
provided.
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Section 1: Nature of Legal System
P1 (a)
English legal system is considered as a fountain which flows towards the United Kingdom. It
works with its main two divisions which are criminal and the civil divisions. The functioning
of both the divisions is different and distinct. The difference in them is due to the nature of
their functions which is related to both the criminal and the non-criminal nature. The
hierarchy used in the English Legal System is provided thereunder:
Supreme Court: The Supreme Court is considered as one of the higher courts in the
hierarchy. Its functioning is all the above courts and the disputes are settled in it by the parties
if they are not satisfied with the subordinate courts.
Court of Appeal: It is also called as a COA and is responsible for dealing with the cases
whose appeals are provided to other subordinate courts. Criminal division is responsible for
dealing with the cases which are of criminal nature while the civil division is responsible for
the cases which are of non-criminal nature (The judicial office international team, 2016).
High Court: The high court functions all those cases which are considered as an important
and of the high values. It is also considered as supervisory jurisdictions over all other
subordinate courts in the English legal system.
Crown Court: It is considered as a higher court which deals with the cases which are related
to the criminal natures.
Magistrate Court: It is considered as lower courts which is basically responsible for holding
the trials for the summary offenses and the preliminary hearing for the cases which are in
serious nature.
Sources of Law:
Precedents Precedents are considered to be a source which are provided by the
superior courts and which can be further used as a guideline by the
subordinate courts to provide the decisions
Acts of parliament In this form, all the functioning and the approvals are made by the
parliament. The draft used in the formulation of the law involves
the readings and then certification is provided by the Parliament
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(Slapper and Kelly, 2013).
Customs Customs are used as a source which helps the individuals to gain
the justice.
European laws It is based on the principles which are laid by the European Union
The role played by the solicitors, barristers and the judges:
Solicitors are considered as a professional who is considered to be legally responsible for
helping or guiding the clients on the disputes. The solicitors are also considered to be
responsible individual for the appointment of the barristers. Barristers are the one which is
responsible for performing the paper work. In the same way, the judges in the legal system
are considered to be responsible for providing the justice to the individuals.
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P2 (b)
The roles played by the government in the legal matters are such which is considered to be
very significant. The readings are involved in the various stages which are considered to be
responsible for the law formulations. These are discussed thereunder:
 In the first step, there is a discussion on the issues regarding the political nature and
also of the general nature. The discussions take the form of the debate wherein each
and every topic is discussed and provided.
 The effective role is played by the government departments in the law making and the
bill is drafted which is presented in the House of Commons (Martin, 2013).
 House of Commons: The House of Common is considered as a one of the major
authority which is selected by the public basically. In this form, there is the execution
of the three readings wherein each stage involves the law formulations and the
discussions regarding its adaptability and the correctness. If after the three reading it
is satisfied that the draft is correct then it is passed to the next house for further
 House of Lords: In this, the same procedure is followed which is formulated in the
House of Commons. After the discussion, if it is felt by the government that the draft
requires certain variations then in such case the bill is sent again to the earlier house
so as to make the changes (CILEX, 2017).
 Royal assent: It is considered as one of the final stages which are responsible for
providing the approval of the draft and to publicize it in the official gazette.
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