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1ALBENA YORDANOVALBBA00804LG78294Unit 7: Business Law
3ALBENA YORDANOVALBBA00804LG78294IntroductionCrimes are very common in modern-day society, in both personal andcorporate spaces. For this reason, laws and regulations had to be formed tokeep everyone in check. In the scenario where these regulatory systems donot exist, only chaos would be seen throughout the world(Abbott, Pendleburyand Wardman, 2013). The social balance depends on the effectiveapplication of laws and regulations. In the most basic sense, laws protectpeople’s rights and serve justice to criminals and victims. Similarly, businessorganisations must also follow their own set of rules and regulations speciallydesigned for them(Allison and Prentice, 2009). This report takes a closer lookinto these laws, their sources, how they work and other details, in order toidentify how they impact society.
4ALBENA YORDANOVALBBA00804LG78294Task 1(I) “Explain different sources of law”Definition of LawThe law is essentially a system of rules recognised by any country orcommunity as being the means by which citizens of the country or membersof the community can be regulated, and when necessary, enforced withpenalties. A society cannot function without some rules and regulations inplace(Allison and Prentice, 2009). Even amongst ancient people, there werelaws for what one could do and could not do. In that sense, the idea of law isnot unique to modern society. However, the extent to which laws have beenused or can be used is a certain result of the current society and the peopleliving in them.English LawThis system of law has become the foundation for the legal system of manyother countries, especially Commonwealth countries. This has made itfundamental to the overall legal systems of the world. The legal system canbe approached from different perspectives, and this allows the perceivingeyes to form different interpretations of the same laws andregulations(Holdsworth, 2016). The basic understanding is simple, a law tellsus what can be done and what cannot be done. This allows the society to liveunder a sense of harmony, that crime against one another will not gounjustified. The “Union Act of 1707” divides the British Legal System intothree sections. They are:1.England and Wales following theEnglish Law.2.Northern Ireland following theNorthern Ireland Law.3.Scotland following theScottish Law(Holdsworth, 2016).
5ALBENA YORDANOVALBBA00804LG78294Sources of English LawSeveral different sources are responsible for the uniformity that is known asEnglish Law. These are explained here:1.Judicial Precedent:Common Law and Equity come together to form ajudicial precedent. It basically refers to previous instances of a legalcase which can serve as an example of law for future cases with similarfacts or issues. Legal systems based on the common law prioritise theestablishment of consistent rules so that the outcomes can beconsistent and predictable as well. The more predictable the outcome,the better the law.For this reason, judges are bound to rulings ofprevious legal cases. This bondage is known asstare decisis, which aLatin phrase meaning “Let the decision stand.” This is one of thecrucial sources of English law and is on equal footing with bothStatutory Law and European Law(Arnheim, 2014).2.Statutory Law:The most significant source for English Law is withouta doubt the Statutory Laws. These are formed by the different agenciesof the government and various legislative bodies. These laws aregenerally codified as well, i.e. they are written down on a codebook.There are two kinds of Statutory Law depending on the body that ismaking them. They can be either legislation or delegated legislation.Delegated legislation refers to legal bodies that have been entrusted tomake laws(Scalia and Garner, 2012).3.European Law:Upon joining the European Economic Corporation in1973, European Law has gained significant importance in English Law.The corporation became what is known today to be the EuropeanUnion in 1993. It is actually due to the “European Communities Act of1972” that these laws are considered to be a part of English Law. TheParliament of Europe, its Court of Justice, as well as the Council of
6ALBENA YORDANOVALBBA00804LG78294Ministers are the ones responsible for the enactment and formulationof these laws(Kennedy, Cahill and Power, 2011).(II) “Explain the role of government in law-making andhow statutory and common law is applied in the justicecourts”Role of Government in Law-MakingA crucial role is played by the government in making laws, and this can beunderstood by the fact that the government participates as a member of theparliament in the making of such laws(Holdsworth, 2016). Of course, like anylegal process, even law-making has a certain procedure. Below is a figurethat demonstrates this procedure.Figure 1: Process of Law-Making(Griggs, 2011).The figure provided above avoid attempts to provide an understanding of theprocedure of the passing of a bill into law. The very first stages to theprocedure involve a getting through both the House of Commons and theProcedures toLaw-MakingProcedures toLaw-MakingThe House ofCommonsThe House ofCommonsThe House ofLordsThe House ofLordsIntroducing anAct ofParliamentIntroducing anAct ofParliamentStages in Law-MakingStages in Law-MakingBillBillFirst ReadingFirst ReadingSecondReadingSecondReadingCommitteStageCommitteStageReport StageReport StageThird ReadingThird ReadingHouse ofLordsHouse ofLordsRoyal AscentRoyal Ascent