Nature of Legal System on Businesses

This document provides an overview of the legal system in the United Kingdom, including the difference between civil law and criminal law. It also discusses the role of government in law making and highlights key legislation and regulations that new businesses need to be aware of. The document covers topics such as employment law, competition law, and consumer rights.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1-Nature of legal system on businesses.........................................................................1
TASK 1............................................................................................................................................1
Explanation of the legal system in United Kingdom and the difference between civil law and
criminal law.................................................................................................................................1
An Overview of the resource of law in United Kingdom...........................................................2
Describing the role of government in law making and how statutory and common law is
applied.........................................................................................................................................3
Explanation of the key legislation, regulations and standards that a new business needs to be
aware of.......................................................................................................................................4
Analysis of the potential implications of law on a business.......................................................5
Critically reflection of the UK legal system using examples to demonstrate strength and
weaknesses..................................................................................................................................6
TASK 2............................................................................................................................................7
1...................................................................................................................................................7
2...................................................................................................................................................7
3...................................................................................................................................................7
SECTION 2-Legal Solutions to business problems. .......................................................................7
a) Case 1......................................................................................................................................7
b) Case 2......................................................................................................................................8
c) Case 3......................................................................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is a large area of legal practices that include several aspect of operating a
business. Legal laws and formalities should be acquired by the business organization to
expanding a business activities and which can also helps owners to take a long way ahead. In
other words, legal compliance's should encompasses to all the laws that dictate how to form and
run a business. It regulate by the government and should all need to follow. Present study will be
base on the topic “Business Law”. Where report will go through the all aspect related to the UK
legal system. Further, assignment will be separated in two section first is nature ODF legal
system on businesses. Under which some following topics will be covered like legal system in
UK and the difference between civil law and criminal law. Also this section consists the role of
government and how statutory system has built up under this. It also explaining the legal
structure within all the organization sector. On the other hand, second section of the study will
outline some other topic which will be base on legal solution to business problems. However,
the main purpose of the study is to give full understanding to the client of Archie Richie Lawson
Solicitors which is consultancy firm and provides information for new start ups.
SECTION 1-Nature of legal system on businesses
TASK 1
Explanation of the legal system in United Kingdom and the difference between civil law and
criminal law.
In general term UK legal system is monarchy constitutional. In other words, England
Wales law operate a common system which combines the passing of legislation but also the
creation of precedents through case law (Albers, Wohlgezogen and Zajac, 2016). Also, UK legal
system is separated into three parts first is England Wales second is Scotland and third one is
Northern Ireland. This reflects its historical origins. There is substantial overlap between these
three legal systems and the three legal jurisdiction. Each legal system defaults to each
Jurisdiction and the system of court. UK parliament has further divided into two system house of
commons and the house of lords. The house of laws is the main body which represents the
members which is elected. On the other hand, House of lords is not elected but it is also a
representative system.
Difference between criminal law and civil law
Meaning
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Criminal law : Criminal law is related with crime which is offensive and breaches negatively
which affects society as a whole, rather than just one person (Bouckaert, Peters and Verhoest,
2016). Basically, criminal laws is applicable for the crime where the one person brutally breach
the contract those cases is considered as the criminal prosecution by the state. Such examples of
criminal law is murder, sexual harassment, fraud, money laundering, assault, abusing, or any
criminal damage to person. On the other hand, Civil Law is different from criminal law because
this law is applicable on those cases where the right and property of the person is involved. In
other words, such law usually applicable on businesses and organizations. For an example,
breach of any contract, divorce, dissolution, personal injury, breach of promise, breach of
contract or promise is also involved in this situation where the people or business can also
involved (Calzolaio, 2016). In other words, civil law cases hinge on establishing whether or not
the accused person or organization, legally known as the defendant. Such as employer has a duty
of care towards their employees.
The general difference between both the law is redress or punishment. Like, criminal
law is imposed on the party who address any offense. Elsewhere Civil law is applicable on the
system where the party wants remedy from the other party. Criminal law has only one aim is to
build the stability of the society. In contrary, Civil law is only fight case with the aim of
removing dispute between the parties.
An Overview of the resource of law in United Kingdom.
Sources of UK law
UK has mainly consists four sources of law that are Legislation, Common law, European
Union Law and Convention on Human Rights.
Legislation : Legislation is the first source of law which is created through legislation. The most
necessary part of legislation are acts of parliament. Also it is required to interpret the data into
more energetic manner with great of things and in more efficient manner. The principles consists
of this source is based in London (Feo, ed., 2016). Legislation regulate on high power without
which none of the act will be pass. And approved law is compulsory for all four countries to be
followed. In legislation there are two system is applicable first House of Commons and House of
Lords. Common Law : The legal system of England and Wales is a common law one so the
decisions of the senior appellate courts. This court is also helpful to manage the task and
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sustained in the full appropriate manner. Common law is in effect legal precedents that is made
by judges sitting in the court.
European Union Law : European Law is the system of laws operating within the
member states of the European Union. The Eu legal laws has to be mandatory and effective for
all the people who comes under the area of law (Fitzmaurice, 2017). Apart from this it is also
very much important and important for the people who effectively implement the goals and
objectives.
The European convention on Human Rights : As member of the government UK is a
signatory to the European convention on Human Rights. This constitute system aim is to explore
the describing systematic growth which exploring the deep understanding between the members
to protect the overall system.
Describing the role of government in law making and how statutory and common law is applied.
Basically, Government as Parliament has mainly perform three main functions which are
is to pass the laws and bill and also monitored the outcomes of the government, to represent
citizens interests. All such functions has been performed by the government in the best possible
manner. However, such all activities is responsible to performed by the government. The main
core function of the government is to protect the interest of society which generally disclose and
essential to be the most protective state and business formation environment. Government also
plays a necessary law in law making for the businesses (Heald, 2018). Such business
organizations can helpful to determine the essential state of mind and protect the best deals and
objectives. This is the regulatory body which minimizes the chances of crime. In most parliament
presidential system MPS a have greater opportunity which helps to deal with high potential
growth. Before implementing a new strategy within the system government has always taken
right observation from the public and analyze the need for new disciplinary system. Besides, that
it also helpful system which required to be more significant while making laws and regulations.
Government has always make new code of conduct when they realized any crime and before
implementing the procedures parliament of UK measure the possible outcomes and
consequences as well (Henty and Ashmore, 2019). So this why government is very essential
while making the any law and code of manner.
Role of government in statutory low
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The main purpose of Statutory government law is to generate awareness among citizen
and reduce the ratio of crime and offense. Also, government provides support to the people who
really need a systematic growth. Parliament worldwide perform three core functions to represent
citizens interests to pass laws and to monitor the actions of the government. They also perform a
legislative function and prepare the laws and regulations to the society (Hair and et.al., 2017).
The duty of government is very important in law making process under which many other
regulations are also consists. In United Kingdom. Parliament plays a role of passing the laws and
act which has to followed by all other members. Government help prole to get justice, and they
can appeal for the justice by this low.
Role of government in Common Law
Government has impotent role in making of Common law. The individuals in the house
of the common who participate in the governmental parliamentary debates are also refers to the
members of the house of commons. Here they make the laws and pass the laws. Members who
participate in the debate are government Mp'S the house of the commons are considered to be
the one of the most necessary chamber of they Westminster parliament. Different parties
members represent the bill in the house, and they after pass the bill and agree of the parliament
government implement this low as an Act.
Explanation of the key legislation, regulations and standards that a new business needs to be
aware of.
Legal constitution is mandatory for all people and citizens of the country and nation. In
context of business so business owners should required to follow their civil laws which has been
prepared by the government. Laws and regulations of business law is mandatory for those who
run their business or who want to start their business in the market. So in both the situation they
need to applied business law. In other words, all the business regulations on business has to
comply with federal, state and local statues and regulations by legislative body. In order to
regulate any kind of business in UK or in other country (Hislop, Bosua and Helms, 2018).
Businesses should need to focus on Tax code, employment and labor law, Antitrust laws,
Advertising law, Insurance, Collecting sales tax etc. All such act of the business should liable to
be more energetic which gives high influence on the business activity goals. So basically it has
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been concluded that all laws are basically very necessary and important for the business to rely
on to be the most effective in front of the government. Some regulations impact the ways in
which businesses report income and pay taxes. On the other side, regulate impact the ways in
which businesses report income and pay taxes in proper format. Depending on the type of
business are running and also need to considered the main three essential laws which is
employment law, consumer law and Competitive law (Idelberger and et.al., 2016). Other than
that, for starting a new business company should considered some legal aspects like
 Business Name Registration : For new business it is very necessary step which must be
followed. To register the business name company should need to consider all legal
formalities covers under this regulations.
 Federal Tax Requirements : Any business weather it is partnership, employees or a
corporations. Employer identification number is very important and necessary. This
identification makes the business alive and existing in the market. On the other side,
independent professionals also need to be aware of federal tax obligations. Income, self
employment, estimated, employer and excise taxes.
 State and Local tax Requirements : this is the another legislation which much be taken
by the companies (Knudsen, 2016). Individual contract have liability to pay local taxes
self employment, payroll, income, sales and property tax.
 Business Permits and Licenses : As like with other businesses independent contractor
must obtain proper permits and licenses. Depending on the industry and where the
business is located. It must required to have very essential part of way to generate the
effective learning goals.
 Business Laws and Regulations : Other laws which is required to be followed. Besides
that, this business law should have followed by the companies in order to fairly deal with
the external affairs. Related to the intellectual property, finance, marketing, privacy laws
etc.
This content can be provided on the website or in the catalog. Second term which is
considered in this law is good must be satisfactory quality as according to the customer need. In
case of any disturbances and misconduct by the company (Mukherjee, 2016). Government take
strict action against those businesses.
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Analysis of the potential implications of law on a business.
Employment law : Employment laws is the contract or an agreement which held
between two parties one is employer and second one is employee. This is an ever changing area
which always be the same and should consider by the all new businesses or for current
businesses. Employment law should be implied within the business organization to protect the
interest of employees. Some kinds of issues related to this act which is Minimum wage, leave
issues, redundancy and termination of employment and pension. But on the same side, it can also
help to protect the business environment from uncertainties.
Competition Law : Initial starting of the businesses should also required to apply such
laws. This law helps company to prevent any business practice that would strangle competition
and unfairly reduce choices available to customers (Nelken, 2017). If you think that a
competitors is involved in anti-competition and markets authority.
Consumer rights : Consumer rights sells a product or a service which will need to
comply with consumer law. Consumer law is one of the core vital law for all the businesses
which needs to be considered at best possible way. However, the business has right under these
same laws when buying goods or services from other businesses. Besides that sales of good act
includes some following act like As Described under which it represents the best following ways
to develop the effective outcome results. As described law is related to the product which sell
watch the description that the buyer read or head from the business.
Critically reflection of the UK legal system using examples to demonstrate strength and
weaknesses.
In order to observation, it has been defined that how judicial system has been given
impact on the overall nation in order to generate the high influencing power on businesses.
Justice system has both phase positive and negative. Some questions and claim files on the
overall system of the Wales and England (Rahman, 2017). It has been argued by the people that
exceptional case funding has failed to deliver for those in need. So this is the first blame
statement which makes unclear sense and give wrong of legal system over UK system. So this is
the weaknesses of the system where the some cases are still failed to meet the final aim. Another
weakness of UK legal system is Bureaucracy in the legal aid agency is costly and time
consuming. There is excessive bureaucracy in the legal aid agency which is adversely affecting
the efficiency of the legal aid systems generally. There should be new changes happened within
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the system which is highly required within the business goals. The complexity of the legal
system aid or addressing the urgent issues and unnecessary bureaucracy removed.
Advantage of the legal system is specificity where the judges specifically examine the
case and interpret the necessary requirement of legislation and administer the law in line with the
findings (Reimann and Zimmermann., 2019). Apart from that, it also helps to disclose the final
findings and also using an appropriate business solutions.
TASK 2
1) classification of business organizations
Solo proprietorship
In this partnership business is owned by single person. There are some advantages of the
solo proprietorship. In this they make their own Dickinson (Tushnet., 2017). Other advantage of
the solo properer ship is that they will only the recipient of the business they only get profit.
They do not have to share their profit. They have their own liability.
Partnership
partnership is build with mo9re then 2 persons. In the partnership business they have to
share equal profit and they have to share equal liability. Most of the people start their business
with the partnership because. More partners means more capital in the business but there are
some disadvantages as well in the partnership
Corporation
corporation are probably the dominant form of any business organization in the Uk
(Tomkinson., 2017) . Corporation for the account for lion's share of appropriate business
receipts in the U.K economy
2) Advantages and disadvantages of different legal structure
United Kin is offering different structures for company they all have their own
advantages and disadvantages as well. The best approaches if they are instead to forming is to
engage with the company that can assist them in determine that best for the collaborate goals. By
using any company which which can offer quality advice and formations , they will be fully
prepared to make the proper decisions (Reimann and Zimmermann., 2019). There are two
different legal stature which can be followed by companies.
Private limited company
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private limited companies are separate legal entity in a public limited companies shares
are soled to pubic. Most of the finance for company come from public shares. Minimum 50,000
dollars share capital are provided to the public. PlC companies are called Publicly trade
companies. In a public limited companies also have their own legal identity. Companies have to
attached their in the list of stock exchange. It is necessary for the companies in United kingdom
have to in include public limited word with the company name (Roness., 2017). Welsh
companies can chose their name with CCC,In the formation of public Limited company required
minimum 2 director and 1 secretory companies. That director can be anyone. They provide
provide different different shares in the market like – ordinary shares , preference shares ,
cumulative preference shears and redeemable.
Advantages
 members in the private limited company are well known to each other and this is
advantage for them there all control in the hand of owners capital.
 In the management of affairs and a conduct of business has more greater flexibility
 statuary meeting is not required after submitting the statuary report
 there are only two directors in private limited company
 one of the best thing about this companies are limited liability because of this member of
company enjoy facilities
 It also has advantages of a public company and partnership
 after reviving a certificate of incorporated to company they can start their business.
Disadvantages
 public limited companies have disadvantages in restricts transfer-ability of of
shares by its article
 this companies have limited member and employees they can not be expand more
then 50
 shares can't be Quoted in the stock exchange
Public limited companies
Public limited companies In a United kingdom are governed by a companies act 2006
(Tushnet., 2017). this companies have more capability to rise their fund as compare to the
private companies. They have to listed their shares on the London stock exchange this can attract
a larger amount of the fund from mutual funds , institutional traders and hedge funds.
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Advantages
 becoming a public corporation is an invite from the partial ownership , invitation which
can reach 1000's of people which is depending on the brand size
 personal liberates can be reduced through the public limited company
 In any company attached with public limited company then it can be beneficial for their
brand name. They can increase their value in the market
 huge amount of investment from the public fund.
Disadvantages
 share are distributed publicly and shares control the ownership of the company because
most of the shares are distributed publicly
 directors have complete control over the direction of the company
increment of legal practices in the public limited companies.
3)Funding For Business
there are different different funding methods for an organization to in vest in their
company. By using this all sorceress companies can invest on their business. There are 5
methods of funding.
Government grands
government provide funds to the companies through the government agencies at least 2
external viewers and research by internally award committee review each applications. They
make short list according to the ranking. Project are funded by government and application of
projects are informed (Tomkinson., 2017). They take fund from the government for their
business. It is beneficial because they do not have to pay that much interest on the fund they are
taking. This is one of the best method and they have to pay very low amount of interest. But it is
not easy to take involvement from this method. They have some rules and regulation in this
method.
Crowdfunding
there are two types of Crowdfunding reward based and equity based crowd funding. Just
for staring a business for small firms they can pre-sell a services or products. People buy a share
from for in the exchange of money. They take some profit share of that particular firm. In a
reward crowdfunding craters make funding targets. Anyone who is interested in it project must v
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reach to its amount which is targeted. When they have enough funds for their projects then
craters of project have to fulfill their promises.
Rise from inverters
companies can rise their fund through the inverter they have to show their investment
plans to the inverter and if they are interested in the projects then they can invest in their business
(Reimann and Zimmermann eds., 2019). There are many people who are interested to invest
their money on companies. Organization's have to find those inverters . When year complete
then they have to give reward from their profit. This is one of the common method use by
company.
Self Organized Funding
In the self organized fund owner of the company invest their own fund in the business.
They do not take fund from others. They invest brand some investment from their family , fends
and people they know.
SECTION 2-Legal Solutions to business problems.
a) Case 1
Exploratory Memorandum
Introduction
The purpose of this memorandum is to pass some essential workplace safety clause within the
organization. The workplace safety is the core aspect for the employer at workplace. The
employer should abide all those regulations in proper manner. The aim of this present
exploratory memorandum is to explore the legal duties ion employer so far as reasonably
practicable. Along with the more things memorandum for health and safety also helps to
maintained the proper responsibilities and obligations of the study. Also with the help of this
note company can also fulfills the legal requirements and indicate steps which the company
should be taking in order to fulfill the company goals.
Steps company should take for employees
It is impotent for the company to Prepare contingency plans for employee safety and health. In
order to protect the employees it is the obligation for the company to obtained high efficiency
and makes the systematic growth. Apart from this I also need to understand and make the things
more reliable and effective to be more effectively implementing. Superiors of the company
should Ensure about safe use handling of goods and substances. They should Provide
10

information, infrastructure, training and supervision to workers to ensure they are safe.
Employer also responsible to manage things into more effective manner to handle the situations.
However, this business context makes the things more effectively challenging. Company should
provide insurance and workers compensation insurance for the employees.
b) Case 2
Under the covered in employment law no other person is liable to employed by another
person. It is against the law and not ethically right under the law. If anyone is considered under
this way it makes the negative impact on the overall system and break the whole systematic way
and law ineffective. An Arrangement where an employee also it helps to gain knowledge and
make the better goals and objectives. Dual employment contracts have hot the headlines in recent
months. Often reserved for internationally mobile senior executives, one high profile financing
services institution announced earlier this summer. So according to the law, Charlotte would not
able to accept this offer until the point she connected with existing company. In other words,
Employees who are resident in the UK are subject to UK income tax on their worldwide income.
However, if they are non UK domiciled they are not subject to UK tax on income for wholly non
UK duties with a non UK employer unless that incomes is remitted to the UK.
Steps taken by company
In this situation company have rights to take strict action against the culprit. Importantly
there is no general exclusion from the new rules for dual employment contracts that are
motivated by tax avoidance. Moreover, this system makes the things more systematically good.
They can fired culprit from the job for the dual employment. They can also take the legal stpes to
working under their contract.
c) Case 3
According to this case It implied the Right of first refusal in a contractual right that gives
rights to holder the option to enter a business transaction with the owner of something. Apart
from this it has to be very specified terms, before the owner is entitled to enter into the
transaction with a third party. In other words, the damages of breach of contract are typically
limited to the holder remedies.
Steps company can take
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Company have rights send Nicolas Jakcob to the London because he is under contract if
company what then they can take strict action against him. He cannot refuse the company's
instruction.
CONCLUSION
On the basis of above discussion, it has been concluded that how legal system has been
given impact on the businesses. Study explained how the legal system works under the required
constitution. Above it analysed and explained the role of government and critically evaluate the
legal system of UK. Apart from this, report analysed the different classification of business
organizations in both public and private sectors along with some specific examples as well.
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REFERENCES
Books & Journals
Albers, S., Wohlgezogen, F. and Zajac, E. J., 2016. Strategic alliance structures: An organization
design perspective. Journal of Management. 42(3). pp.582-614.
Bouckaert, G., Peters, B. G. and Verhoest, K., 2016. Coordination of public sector
organizations. London: Palgrave Macmillan.
Calzolaio, E., 2016. THE DISTINCTION BETWEEN WRITTEN AND UNWRITTEN LAW
AND THE DEBATE ABOUT A WRITTEN CONSTITUTION FOR THE UNITED
KINGDOM. Право и управление. XXI век. (4). pp.55-62.
Feo, J. T. ed., 2016. A comparative study of parallel programming languages: the Salishan
problems. Elsevier.
Fitzmaurice, G. G., 2017. Some problems regarding the formal sources of international law.
In Sources of international law(pp. 57-80). Routledge.
Hair, J. F. and et.al., 2017. Mirror, mirror on the wall: a comparative evaluation of composite-
based structural equation modeling methods. Journal of the Academy of Marketing
Science. 45(5). pp.616-632.
Heald, M., 2018. The social responsibilities of business: Company and community, 1900-1960.
Routledge.
Henty, P. and Ashmore, R., 2019. Disclosure rules within public procurement procedures and
during contract period in the United Kingdom. In Transparency in EU Procurements.
Edward Elgar Publishing.
Hislop, D., Bosua, R. and Helms, R., 2018. Knowledge management in organizations: A critical
introduction. Oxford University Press.
Idelberger, F. and et.al., 2016, July. Evaluation of logic-based smart contracts for blockchain
systems. In International Symposium on Rules and Rule Markup Languages for the
Semantic Web (pp. 167-183). Springer, Cham.
Knudsen, J. S., 2016. The Growth of Private Regulation of Labor Standards in Global Supply
Chains: Mission Impossible for Western Small and Medium-Sized Firms?. In Sustainable
Value Chain Management (pp. 121-140). Routledge.
13

Mackintosh, M., Channon, A., Karan, A., Selvaraj, S., Cavagnero, E. and Zhao, H., 2016. What
is the private sector? Understanding private provision in the health systems of low-income
and middle-income countries. The Lancet. 388(10044). pp.596-605.
Mukherjee, S., 2016. Hark What Law Says on Human Rights Protection in United
Kingdom?. Available at SSRN 2779915.
Nelken, D., 2017. Comparing legal cultures. Routledge.
Rahman, M. S., 2017. The Advantages and Disadvantages of Using Qualitative and Quantitative
Approaches and Methods in Language" Testing and Assessment" Research: A Literature
Review. Journal of Education and Learning. 6(1). pp.102-112.
Reimann, M. and Zimmermann, R. eds., 2019. The Oxford handbook of comparative law.
Oxford University Press.
Roness, P. G., 2017. Types of state organizations: Arguments, doctrines and changes beyond
new public management. In Transcending new public management (pp. 77-100).
Routledge.
Tomkinson, R., 2017. Shared services in local government: improving service delivery.
Routledge.
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.
Watkin, T. G., 2017. An historical introduction to modern civil law. Routledge.
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