Sources of Law and Role of Government in the English Legal System

This document discusses the different sources of law used in the English legal system and the role of government in making and applying these laws in the justice courts. It also critically evaluates the effectiveness of the legal system. The document covers topics such as the formation of different types of businesses, their legal way of formation, and their management and funding. It also analyzes the impact of legislation, standards, and regulations on businesses, and illustrates how company, employment, and contract law can potentially impact businesses.

Law (7RQF)

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................2
Explain different sources of law used in the English legal system and the role of government
in making and applying these laws in the justice courts.............................................................2
Critically evaluate the effectiveness of the legal system.............................................................3
TASK 2............................................................................................................................................4
Investigate the different types of businesses (incorporated and unincorporated) with their legal
way of formation.........................................................................................................................4
How those business are managed and funded. Also with advantage and disadvantage.............5
Differences among legislation, standards and regulations analysing their impact on business..6
Illustrate how company, employment and contract law has a potential impact upon business.. 6
TASK 3............................................................................................................................................7
First Case.....................................................................................................................................7
Second Case................................................................................................................................8
Third Case...................................................................................................................................8
You need to evaluate the effectiveness of the legal advice, solutions and support you
presented to resolve each dispute................................................................................................9
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Law is the most important area for any of the sector as it is the primary source of
collecting the relevant information. Whenever any of the business performs its commercial work,
then it is necessary to understand that they are needed to follow law and ethical terms so that
target can be accomplished. In this file, topics has been divided into three different task as in first
task their will be complete discussion about how any of the law is formed and what are the
necessary area which is needed to be focused the most. In second task, formation and importance
of different types of company will be discussed and in the last task three different cases are to be
solved with the help of relevant dispute resolution process.
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TASK 1
Explain different sources of law used in the English legal system and the role of government in
making and applying these laws in the justice courts.
Any of the country can perform its business activity only in the situation where they
have developed the laws and regulations. In order to understand about the UK law and
regulation, it has been formed on the basis of different sources and those sources are discussed
below in detail.
Act of Parliament is of the main way in UK through which any of the law is
commenced. Here, House of Lords and House of Common has to take part where they have to
discuss on the bill that whether that bill is acceptable or not for commencing the law. This laws
are most powerful as it doesn't give power to any of the law making body to overrule their
decision.
Common law are some of the laws and regulations which is needed to be understood
that they are not possible to commence within the House of Parliament or by any of the law
making body. In this respective situation, certain power has been given to the judges of court
where they can form the law and declare the decision so that right judgement can be given in
the case.
European Union Law has its own importance as Nation like UK required number of
sources to commence law because it is not possible for Act of Parliament to cover each and
every area. This source was introduced since the end of world war. It has contributed to
commence more then half of the law in UK premisses which is not allowing to create any of the
violence.
All of the this above mentioned sources have been crucial for the business organisation
as it is necessary for them to understand that company make take any of the decision as per the
rules and regulation made by the mentioned sources.
Role of Government
Everyone is required to understand that law forming process has been never an easy task
because it is necessary to cover all of basis requirement for effective result. It should be the
process where systematic manner is very important. In the same way, UK is one of the country
where ruling government has the most important role at the time of forming effective laws and
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regulations. Whenever government start to commence the law they start with the process of
forming bill which is to be drafted for further discussion.
Bill is drafted in first reading for the first time and it is necessary that member has to
give the suitable title which is relevant for the bill. Once the work related to giving title is
completed it is mandatory for first reading team to forward it for the next reading which is
second reading. In this particular stage, minor discussion is to be done in which it is necessary
to decide that whether bill can should be further discussed or not. If in any of the circumstances
it is not discussed then it not transferred further. Else, it is presented for committee stage where
it is necessary that detail examine of the points should be done. It is required just because to
check that whether any of the points is having any of the issue or not. IF any of the point faces
the problem then in that particular stage report stage has to amend that respective point. Now,
once the work of report stage is completed they transfer the bill to third reading where member
of house of common has to cast their vote just to check who is agreed with the terms and
condition and who is not. If voting process is in favour then bill is forwarded to house of lords
where peer member recheck all of the process. Then, finally they send the bill for Royal Assent,
where final approval is being taken.
Applying it to justice Court
Justice court always plays the crucial role within the business organisation and it is
necessary to understand that they must have to understand about the law to declare any of the
decision. The judges of Justice court is required to declare their decision on the basis of laws
and regulations which has been formed by the legislative body. If in any of the situation justice
court fails to declare their decision on the basis of legislation then in that respective situation
they have the option to take the help of common law where decision is based on the basis of
situation.
Critically evaluate the effectiveness of the legal system.
As per the above scenario, it is clear that UK legal system is well formed which gives
the clear idea to business organisation to take any of the long terms decision which can be
helpful for the purpose of reducing the overall expenses. For example: ABS is a multinational
company wants to invest in the premisses of UK, then in that particular situation they have the
option to plan for long term decision because laws and regulations do not bring drastic changes.
On the other side, law does have the negative side as well as there are number of law which are
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not being utilised as for that they must bring some of the amendments so that positive changes
can be brought.
TASK 2
Investigate the different types of businesses (incorporated and unincorporated) with their legal
way of formation.
Organisations can be of different types but their main motive is always same i.e., earning
the profit. It is needed to understand that whenever any of the business is being incorporated they
must plan about their tactics so that goals can be achieved (Beatty, Samuelson and Abril, 2018).
There are some of the business whose main motive is to start the business in less legal
proceeding whereas some of them are still there which have to start the activities by following
the complete procedures. To understand about the company, it has been discussed in detail
below:
Unincorporated Business organisation
These are those form of company where legal formalities are very less and it gives less
burden to the one who invest their capital. This types of company have to perform their business
activity a limited ground to earn the profit. Below, some of the types of unincorporated business
has been discussed.
Sole Proprietorship is smallest form of business is sole proprietorship where investor
himself/herself has to manage each and every work. There are very less legal formalities in it
which allows investor to give more focus on this types of businesses (Orlov, 2016). Whenever
any of the sole proprietorship is needed to be commended then there are certain rules and
regulations which is needed to be followed. The first work which is needed to be done is that
National insurance number must be obtained. Also, registration for self-assessment with HMRC
is also needed to be done.
Partnership a form of business where can be started only in the situation where number
of invest come together by having the common objective. But, the main thing which is needed to
be understand is that in ant of the situation the maximum number of limit should not exceed. To
start any of the partnership firm, it is compulsory for the investor that they must prepare the
partnership deed which plays the crucial role. Secondly, there is also a requirement to have a
registration in HMRC (Cameron, 2017).
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Incorporated Business Organisation
The form of business where legal formalities are quite complex. For business
organisation, it is needed to understand that all of the formalities must be fulfilled in any of the
situation. Below, there are some of the business organisation to which falls under the category of
incorporated are:
Private Company limited by Share is the form of business which is performed limited
number of investor for the purpose of earning the profit is known as private company limited by
share. Whenever any of this company is incorporated it is necessary to understand that legal
formalities must be followed to accomplish the target. To start any of the private company
limited by share, firstly it is necessary to select the name and address. Then, Memorandum of
Association (MOA) & Article of Association (AOA) is to be prepared. List of available
member is also required in it. Finally, documents is to be submitted in Companies House.
Public Limited Company is the business organisation where various types of legal
formalities are needed to completed for the purpose of accomplishing the goals is known as
public limited company (Peterson and et. al., 2016). This types of company does have the
involvement of public as well. Whenever this types of company are incorporated then they must
ensure that all of the legal formalities are being completed. To start any of the public limited
company, it is necessary that name is to be decided with register address. First director and
shareholder also has a equal important role to be played. Then, it is necessary for the company
that MOA and AOA should also be prepared. In the ending stage, documents are to be submitted
in Companies House with registration fees.
How those business are managed and funded. Also with advantage and disadvantage.
In case of Sole Proprietorship, business activity is necessary to be performed by
investor and they are the one who need to manage every single work. To raise the fund, credit
card and introduction of additional capital plays the crucial role over here. The crucial advantage
in it is that it is easy to start the business activity in it. Whereas, it do get any of the legal
recognition in context of law.
Partnership is formed it is required to decided who will play the important role over
here so that business goals can be accomplished and as per the requirement the nominated
partner as per the partnership deed plays the crucial role to decide that who will have the
important role at the time of taking any of the decision (Powell, Parker and Kilcoyne, 2017).
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Bank loan, credit card, additional investment from partners is main source of raising fund. Here,
Decision making process become more effective which is a positive site of it and negative side of
partnership is exit of single member can end the deed can create legal issues for existing
members.
Private Company limited by Share is a types of company which hands the
responsibility to manager to manage all of the work and even member also take the part in it.
Most popular form of raising the fund is Bank loan, credit card and many more. Profit making
chances increases in it which is the major pros in it and on the other side, It faces the problem at
the time of following legal formalities as they are very lengthy.
Public Limited Company provides Company Secretary, directors are the key person to
manage the business activity. Issuing sharing in the market, debenture, bank loan etc. are the
main source of raising the fund (Drummonds, 2016). Gets the rights to sue and be sued on the
name of a company is the benefit for this types of organisation and negative of public limited
company is related with Penalty as they are very high which can bring business back to losses.
Differences among legislation, standards and regulations analysing their impact on business.
For any of the company, legislation, standard and regulations bring lots of changes as it
guides how any of the business is needed to be performed. Legislation is the primary body of
government which commences the laws for different sector including business organisation.
Regulations simply helps to categorised that what are those laws which is applicable upon the
business organisation (Wachter and Mittelstadt, 2019). Regulations simply gives the idea that for
what purpose law has been formed. In the final section, Standard which tells that whenever any
of the business is performing their business activity they must give focus that those laws must be
followed in specific manner and if it is not done then legal actions can be taken easily.
Illustrate how company, employment and contract law has a potential impact upon business.
Company law: The law and regulations which guides that how any of the company is
required to work within the market is known as company law. In UK, if any of the business
activity is required to be performed then prior approval is required to be taken from Companies
House. The main impact of company law on any of the business is that it doesn't allow any of the
organisation to work as per their own opinion due to which chances of occurrence of errors
remain very less.
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Contract law: The form of law which gives the idea to any of the business organisation
to enter into any of the legal agreement is known as contract law. Whenever any of the business
enter into the contract, it is necessary for them to make sure that they are working as per its terms
and condition and if in any of the situation they fails to do so then it will be said as breach of
contract. In any of the situation, it do not allows any of the two business organisation to enter
into those contract or agreement which are unlawful or void in nature which means it has a
positive impact for any of the company (Picciotto and Mayne, 2016). If in any of the
circumstances breach occurs then legal actions can be taken.
Employment Law: The form of law where relation about any of the employer and
employee is discussed is known as employment law. It is needed to understand that employment
law is one of the way which simply helps to maintain the relation. The main impact of
employment law is that it doesn't allow company to be biased with any of the employees in any
of the situation.
TASK 3
First Case
The given case is all about the breach of contract where Maxwell is trying to sell the
painting to another person just for the purpose of personal benefit which is completely against
the law. But, Angelica is the who doesn't want to lose particular painting where she has already
paid 10% advance for the purpose of reservation.
Contract law: The law which has been formed in order to develop the legal relationship
between two or more then to party is known as contract law. In given case scenario, the terms
and condition has been breached by the seller which is against the law. Here, legal case can be
filed against Maxwell.
Filing the legal case is never an easy process so it will be important for Maxwell and
Angelica to sort out the matter by taking the legal advises. They have the option to take the help
of Conciliation where conciliator will be the one who will try to give advises to both of them that
once good is sold cannot be sold to another (Tucker, 2016). If it will be done then Maxwell may
have to suffer. Here, conciliators main target will be to find the way that how they can help
Angelica to get the respective painting which they have purchased.
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Second Case
In this case, as company is offering Nicholas Jakob the job to another branch which is
located in London. But, Nicholas is the one who is denying to work to another branch. In this
respective situation, it will be important for both company and Nicholas to work as per their
convenience else they must try to find the possible outcomes (Orlov, 2016). By looking at the
situation, it will be important for Nicholas to try and find the new job as it was his choice to not
join any of the other branch which is located outside the Newcastle and in this respective
situation legal action is also not allowed to be taken.
In addition, it will be necessary for them to bring out the best of the employment law for
effective result because it is the situation where finding the effective solution is tough work. It
will be necessary for the business organisation to provide him the opportunity to find another job
because it not possible for him to shift the city. Also, compensation money can be given to Jakob
which can allow him to find the new job for him.
Third Case
In this respective case, Johnson was the one of the employee of construction company
where it was written that Be aware as stairs are not fixed. As Johnson has to suffer just because
of stair at the time of working in the office premisses. As Johnson is trying to claim with
construction company for the salary as he was injured while working in the company but
company is not willing to pay in this respective situation.
Here, it will be necessary for company to compensate Johnson as he got injured at the
time of working within the office premisses. As understanding is crucial in this respective case
so it will be important for the party to take the help of Arbitration process (Wachter and
Mittelstadt, 2019). Talking about the arbitration process, it will be the way which will try to
bring out one of the positive result which will be required to followed by both the involved party.
It is also necessary once decision is declared over here is mandatory to be followed. In addition,
as per Employer Liability Act 1957, it is necessary for any of employer that if any of the
employee gets into the accident within the premisses of organisation, then in that respective
situation it will be necessary for employer to bear all of the expenses related to medical. Also, in
this respective situation, salary is also required to be paid by employer as a part of compensation.
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You need to evaluate the effectiveness of the legal advice, solutions and support you presented to
resolve each dispute.
In the above mentioned cases, different suggestions where presented which clearly try to
explain that any of the problem can be solved without involving any of the legal proceeding. The
mentioned legal advices wants to explains that when ever any of the cases is filed into the court
then lots of legal work is needed to be done which creates lots of unnecessary problem and even
it consumes unnecessary problem for the involved parties. On the other hand of side, above
mentioned process are easily and result oriented in very short period of time.
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CONCLUSION
As per the above discussion, it is very clear that any of the law making process requires
systematic process where it is needed to understand that decision of law is required to be taken
only after considering each and every area. Whenever any of the company is formed it is needed
to make clear that all of the legal documents are already submitted within the Companies House
because omission of any information can create the problem for the business organisation. Any
of the case is solved only whenever all of the relevant information has been collected so that
appropriate decision can be declared.
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REFERENCES
Books & Journals
Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Business law and the legal environment.
Cengage Learning.
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
Drummonds, H., 2016. Business Law Fall Forum Introduction: Workplace Secrets, Loyalty, and
Theft. Lewis & Clark L. Rev..20. p.399.
Orlov, V., 2016. Introduction to business law in Russia. Routledge.
Peterson, E. A. and et. al., 2016. Law School-Business School Collaboration: An Examination of
Interdisciplinary Course in JD/MBA Programs. Atl. LJ. 18. p.21.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.
Powell, J., Parker, C. and Kilcoyne, M., 2017. Cyber Business Law and Project-Based Learning.
International Journal of Innovation Education and Research, 5(11), pp.62-73.
Tucker, J., 2016. Draft legislation to enhance flexibility for small business to restructure. Bulletin
(Law Society of South Australia). 38(1). p.28.
Wachter, S. and Mittelstadt, B., 2019. A right to reasonable inferences: re-thinking data
protection law in the age of big data and AI. Columbia Business Law Review.
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