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Evaluation of the Impact of Laws and Standards on the Business

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Added on  2020-10-23

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Business Law INTRODUCUTION 5 ACTIVITY 1 5 Presenting different sources of law 5 Role of government in making law 5 Application of statutory and common law in the justice court 6 Evaluation of effectiveness of the legal system of recent reforms and development 6 Impact of various laws on the business 7 Identification of difference between legislation, regulation and standards and their impact on the business 8 Coherent and critical evaluation of the legal system and law 8 Different typos if business organisation, there legal formation, management and funding

Evaluation of the Impact of Laws and Standards on the Business

   Added on 2020-10-23

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Table of ContentsINTRODUCUTION........................................................................................................................5ACTIVITY 1...............................................................................................................................5Presenting different sources of law..............................................................................................5Role of government in making law.............................................................................................5Application of statutory and common law in the justice court....................................................6Evaluation of effectiveness of the legal system of recent reforms and development..................6Impact of various laws on the business.......................................................................................7Identification of difference between legislation, regulation and standards and their impact onthe business..................................................................................................................................8Coherent and critical evaluation of the legal system and law.....................................................8Different typos if business organisation, there legal formation, management and funding........8Pros and cons of their formation..................................................................................................9Critical review and evaluation of the different types of business organisation.........................10Identification and recommendation of appropriate legal solution to resolve disputes..............10Comparison and evaluation of different sources of legal advice and support...........................11CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................134
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INTRODUCUTIONThe commercial law is that body of law which defines the rules and regulations togoverns the business operations. All the activities and transection be it monetary or non-monetary transaction. In the present report the details of English legal system is discussed withthe sources of law, application of statutory and common law in the justice court. The differentforms of business organisation are defined along with the evaluation of legal as well asalternative dispute resolution methods in solving the commercial dispute.ACTIVITY 1A)Presenting different sources of lawLegislation: is of two types primary and delegated. The former one is the act ofparliament where statute laws are from the legal parliamentary procedure. In the delegated onethe public authorities, local bodies and ministers are given authorisation from the parliament tomake the laws over specific matter.Directives: are the given by the EU which must be adhered by all the embers state ofEU as UK is still a part of the EU the directive given over the operation d of trade and commonswith in the EU with other member nation must be followed by UK.Case laws: This is the actual source from where this legal system have initiate to makethe law. In this the decision given in the justice court becomes a law through the doctrine ofjudicial precedent. This is applicable to all lower courts and tribunal for the case of same subjectmatter.Role of government in making law The process starts with presenting a proposal to the public bodies or electing parties,which form a draft legislation over the matter on which law is to be made. The draft is presentedto the cabinet minister for approval. After getting a consent is becomes a bill to be presented inparliament for further proceedings. The bill is presented to one houses out of two that it housesof commons and house of Lords (Partington, 2016). The introduction of bill is done by first5
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reading where tile of the bill is read and discuss what the bill is about. The second reading iswhere the principles of the bill is discussed and voted upon. After this bill is referred to the housecommittee in the committee stage where the committee discuss the bill in detail and makesamendments. The bill is again sent to the house to consider the changes and vote on the same inthe report stage. The bill goes to the final stage of their reading over accepting or rejecting thebill before further proceeding. The bill is presented to another house of parliament which makeschanges and same is consider by the first house as we ll. After getting approval from both thehouses it is sent to the Queen for getting a consent and coveting the same into law.Application of statutory and common law in the justice court The statues are made through the act of parliament which required to be followed by thecourts as it is without any changes. The statures are interpreted through the internal and externalaids such as regulations, hansards, dictionaries (Melissaris, 2016). No Court can question thestatues and they can not deny to follow the same. All he courts have to interpret the law in thereactual sense and with appropriate meaning. On the other hands the common law is the originalsource of law of English legal system and they are applied in the court by following the courthierarchy. This mean a decision passed by a higher level of court is required to be referred bylower courts. The courts are given with a discretionary power to deny the earlier decision whenthere is an error in the decision of interpretation of the law or omission in considering the factsor facts in deciding the cases for instance to sole a dispute over the wages and salary of anemployee the court will see the Employment Rights Act, 1986 to solve the dispute and see thestatutory provision related with the wages. Conversely to decide the employment status ofindependent contractor giving services to a business the case laws of Pimlico plumber and UberV Aslam will be seen and as per circumstances of the case decision will be given by the court.Evaluation of effectiveness of the legal system of recent reforms and development The recent reforms and development in the UK legal system can bu outlined for last 15-20 years in two different phases. In the phase 1 the changes are made in transferringresponsibility for offender managements services (prisons and pobation) from the Home Officeto the Ministry of Justice andensuring that the Secretary of State for Justice Chancellor was amember of the House of Commons, not the House of Lords – and indeed did not have to belegally qualified; creating the Legal Services Commission, to run legal aid and pioneer new6
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