How Statute and Case Law are Applied in Criminal and Civil Cases in the UK

This essay explores how statute and case law are applied in both criminal and civil cases in the UK. It also provides an explanation of how the court system operates, including alternative dispute resolution systems.

Business Law(Essay)

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
PROJECT 1 (Essay).........................................................................................................................3
How statute and case law are applied in both criminal and civil cases and clearly explain how
the court system operates in the UK including Alternative Dispute Resolution systems
(ADRs)...................................................................................................................................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Business laws are those set of rules that has been formed in order to helps in establishing
an organization as per legal framework formed. These laws helps in governing all kind of
business and trade activities taking place within an organization. Such laws are known as
commercial laws as they deal upon commercial activities involved within an business. Further
they provide concrete framework for an organization to run its business in appropriate way.
These laws includes contract laws, trade regulations and protects right of companies which
makes them achieve goals and objectives in appropriate manner. Scope of such laws are wider as
they deal upon various aspects related to business and nature is dynamic due its tendency over
impacting different process involved in an organization. The file consists of two projects in
which first project are essay based upon statute, case law and ADR.
TASK
PROJECT 1 (Essay)
How statute and case law are applied in both criminal and civil cases and clearly explain how the
court system operates in the UK including Alternative Dispute Resolution systems (ADRs)
Laws consist of those rules and regulations that have been set in order to maintain
balance and order within society. Also law acts as key source in observing various aspects
related to society. These rules and regulations monitor factors leading towards crime of both
criminal and civil nature. Law analysis social behaviour of individual living within society and
acts as framework formed in order to deal over issues related to crime within society. Law
consist of those factors which help in dealing with mindset of criminals and also seek
opportunity to make them better human being (Fleischer, 2017). In English legal system various
laws exists within the legal system as per the conditions existing in society. There are different
laws within society that is property law, law of torts, family law, criminal and civil law. Out of
these laws there are two major laws which are civil and criminal law. Under criminal law public
at large is been harmed due to action performed by an individual. In civil law deals over those
wrongs that is committed towards an individual. Criminal law covers offences which are mainly
based over culpable homicide or bodily injuries. Civil law covers incidences that are based over
property, contract and monetary issue. Both law are based upon different kinds of elements

present within society. Criminal law is based over criminal code of conduct and civil law is
based over civil code of conduct formed within the country (Cowan, 2018).
English legal system also consists of judiciary which has been dealing over cases related
to both civil and criminal nature. Judicial system of Unite kingdom, England and Wales consists
of Supreme Court which is the highest court of appeal present within English legal system and
handle all kinds of case within of both civil and criminal nature. After this High Court is there
which is divided into three divisions that is Quesn’s Bench, chancellery division and family
division. Further explaining more detail Qeen’s bench handles matters related to criminal
offences, Chancellery division handles cases of civil nature and family courts handles matters
related to marriage and children. Also there are Magistrate courts and lower courts which are
known as court of first instance. Then comes other courts like juvenile courts and brothel home
with tribunals that helps in reducing burden upon upper courts by making decision making faster
and less complex in nature. Court generally used two kinds of laws in dealing over case of both
civil and criminal nature that is statutory laws and common laws. Statutory laws are those laws
that have been formed with the help of legislation and process used within parliament of UK.
Common laws these are those laws which is been used in England from very long time. Such
laws have been formed by judgement passed by judges in certain landmark case. Since English
law is based upon common law principle laws can be formed by judges at anytime they feel that
particular legislation is violating rules within community (Cassel, 2018).
Then come Alternate Dispute Resolution System which helps in solving dispute outside
the court. The system has been proven to be solving cases outside court with the help of third
party and makes them come to common point of agreement. In ADR there are certain methods
that has to be followed which are arbitration, mediation and conciliation. These methods are used
for solving disputes in arbitration, mediation and conciliation. Arbitration is one of the most
easies and reliable method within which an arbitrators is been hired. He listens to both the parties
and then passes judgement bound to be obeyed by both parties. Under negotiation and
negotiators is been hired for arranging meeting an making people come to common point of
discussion. Mediation means hiring third person for making parties comes to common solution
regarding problems.

CONCLUSION
From the above discussion it can be marked out that business laws are those laws that has
been used for forming of business organization in legal manner. Also the essay discuss about
criminal and civil law within English legal system. Explains about hierarchy of court in UK ,
covers statutory and common laws. Then in the end ADR has been covered which is used for
solving matters outside the court.

REFERENCES
Books and Journals
Cassel, D., 2018. The Third Session of the UN Intergovernmental Working Group on a Business
and Human Rights Treaty. Business and Human Rights Journal, 3(2), pp.277-283.
Cowan, S., 2018. All change or business as usual? Reforming the law of rape in Scotland.
Reforming the Law of Rape in Scotland (May 28, 2018). Rethinking Rape Law:
International and Comparative Perspectives Edited by Clare McGlynn and Vanessa
Munro (Routledge 2010).
Fleischer, H., 2017. Gesetzliche Unternehmenszielbestimmungen im Aktienrecht–Eine
vergleichende Bestandsaufnahme–(The Determination of Business Objectives in
Company Law–A Comparative Survey–). Zeitschrift für Unternehmens-und
Gesellschaftsrecht (ZGR), 46(4), pp.411-425.
Lifshitz, S. and Finkelstein, E., 2017. A Hermeneutic Perspective on the Interpretation of
Contracts. American Business Law Journal, 54(3), pp.519-579.
Macchi, C. and Bright, C., 2020. Hardening Soft Law: The Implementation of Human Rights
Due Diligence Requirements in Domestic Legislation. In Legal Sources in Business and
Human Rights (pp. 218-247). Brill Nijhoff.
Pan, B., Zhang, G. and Qin, X., 2018, April. Design and realization of an ETL method in
business intelligence project. In 2018 IEEE 3rd International Conference on Cloud
Computing and Big Data Analysis (ICCCBDA) (pp. 275-279). IEEE.