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Analysis of English Legal System

   

Added on  2020-07-22

13 Pages3616 Words45 Views
Law
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Business Law
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Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 An explanation and Evaluation of English legal system...................................................1P2 Identifying the role of legal authority in law making.......................................................2TASK 2 ...........................................................................................................................................3P3 Impact of Laws on business ............................................................................................3TASK 3............................................................................................................................................4P4 Suggesting the suitable as well as effective legal solution for a range of business problem.4P5 Justification to the utilisation of appropriate legal solutions............................................5TASK 4............................................................................................................................................6P6 Appropriate solutions that are based on the country s legal system .................................6CONCLUSION ...............................................................................................................................6REFERENCES................................................................................................................................8
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INTRODUCTIONBusiness law is considered as the part of legislation that governs various activities thatare facilitated by organisation. The business law defines the way legal principles can be appliedto private companies. The knowledge of this legislation help enterprise in identifying legal waysto solve problem in systematics as well as effective manner. It also assists business entity inanalysing the influence of legal issues on business transactions. It is very essential for theorganisation to comply with the legislation as well as industrial regulation , failure to complywith such code of conduct and standards may have great effect on the profitability as well assustainability of firm.The Report emphasizes on Identifying the role of legal system. It also includes analysingthe impact of various legislation on business. The project will also involve suggestion as well asappropriate solution to business problems.TASK 1P1 An explanation and Evaluation of English legal systemThe English legal system is defined as the general law procedure that governs thelegislative procedure of Wales as well as England. It also consists of civil as well criminalregulations. Some rules or legislative system in the English legal system has been drives from thecommon legislation while other laws are originated from the act of parliament and are based onthe rules or decision made by the court in previous cases. The English legal system involvesvarious legislations, common rules and other legal norm that has been developed or implementedby the parliament (Jones,2017) The objective of this system is to develop ability or potential ofcritical thinking. The unified feature of English legal system is that it does not include anyformal codes.Sources of some legislation or regulation in English legal system are courts and parliamentcontext of the legislation developed by the act of parliament has to undergo lengthy procedure inwhich the bill is first approved by the House of commons and lords and received the royalapproval by legal authorities, after that act of parliament is considered as the legislation. Thesignificant source of legislation in English legal system is the decision made by the courts on thebasis of rulings of existing law suits. This legislative system is much influenced by the formalsystem or procedure adopted by European legal system (Storey, 2016)Evaluation of English legal system1
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This system is centralised through the court structure that is common to the entirecountry. The English legal system consists of Hierarchical structure in which the higher as wellas supreme courts have higher authorities. The major or unique characteristics of this legalsystem is that it is based ion the tradition of common law. In simple words, According to thestatement the judge has the right to made or formulate the laws. The important or major source ofEnglish legal system is Judicial Precedents. The Judges or magistrates in English legal systemhas essential role to play in formulation of law suit legislation. In this legislative assembly Thecourt process is accusatorial, this means that the decision is taken by the judges on the basis onevidence provided by the conflicting party (Hartono, 2014)Comparing English legal system to European country legal systemThe European legal system consist of codified laws Whereas the English legal systemdoes not have any codes. The several codes in European legal system are more desirable andfeasible. On the other hand English legal system has adopted the zero codification options.The European legal system has determined the laws that are to be included in thecodification plan and has established the harmonisation level. That is to be achieved. Whereasthe English legal system has denied the requirement of harmonisation and unification.European legal system the role of the judge is to act as investigator and theirresponsibility is to make decision on the basis of evidence or investigations. Whereas, In Englishlegal system the judgement are made by the magistrate on the basis of proof or evidenceprovided by the parties. The function of judges is to make amendments in various legislation andto develop various code of conducts related to common and civil lawP2 Identifying the role of legal authority in law makingThe law making include lengthy procedure in which the bill has to undergone variousstages in order to transform into Act. The bill that is to be presented for royal Assent and for theapproval by house of lords are to be prepared by the government. At initial stage the duty oflegal authority is to identify the problems that is faced by organisation, analysing the solution tosuch business issues. Then the list of such problems and solutions are to be presented in report.After the development of the report it is to be designed in form of proposals that has to bepresented before parliament. This proposal have to presented by the legal authority. In next stagethe bill is presented by the government in before the parliament for first reading.2
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