Business Law and Legal Systems in the UK

Business Law
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Table of Contents
Introduction................................................................................................................................4
Section 1 – Nature of legal systems...........................................................................................5
a) (P1).....................................................................................................................................5
b) (P2).....................................................................................................................................7
(M1)........................................................................................................................................8
(D1)........................................................................................................................................9
Section 2...................................................................................................................................10
P3 a).....................................................................................................................................10
b)..........................................................................................................................................12
(M2)......................................................................................................................................13
Section 3 – Legal solutions to business problems....................................................................14
P4..........................................................................................................................................14
P5 -.......................................................................................................................................15
M3........................................................................................................................................16
D2.........................................................................................................................................17
Section 4 - Recommending appropriate legal solutions based upon alternative legal advice. 18
a) (P6)...................................................................................................................................18
b)..........................................................................................................................................19
M4........................................................................................................................................20
D2.........................................................................................................................................21
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Conclusion................................................................................................................................22
References................................................................................................................................23
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Introduction
This assignment provides the detailed discussion regarding the concepts of the law and its
application in the United Kingdom. The explanation regarding the structure associated with
the English Legal System is provided in this report. The effective role played by the
government departments in the formation of the law drafts and its application is effectively
presented. The legal systems are developed continuously with the reforms used and it helps in
the enhancement of the growth. The employer legal obligations are effectively provided in
terms of the ruling of the application of the statutory and the common laws. The task provides
the understanding regarding the procedure used in the alternative dispute resolution
procedures. The effective understanding regarding the implication of the legal obligations as
provided under the ruling related to the employment acts or the harassments acts is provided
in this report. The benefits and the alternates used are effectively provided in this report along
with the benefits derived from it.
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Section 1 – Nature of legal systems
a) (P1)
Law is a scheme of rules in which a specific community identifies as regulating the
actions of its members and which it may impose by the obligation of fines.
Structure
Supreme Court is the highest court in the UK. It overhears the verdicts from Wales and
England. UK is part of EU member. It established in 1952 in Luxemburg. The Supreme
Court consists of the criminal and civil decision.
Criminal Division: This division deals with the criminal matters. It splits into three
courts. Magistrate court deals with the criminal cases. Serious crimes are accepted by the
crown court. Crown court overhears the petitions from magistrate court. Court of appeal
perceives the appeal against the convictions, confiscation order in crown court.
 Crown court: It deals with the matter such as rape, murder and court conviction.
It receives the appeal from the court of magistrate.
 Court of Appeal: It hears the verdicts from proceedings in crown court. Verdicts
can be against the matter of sentence, convictions and confiscation by the crown
court.
 Magistrate court: It deals with three types of cases such as either way offences,
summary offences, indictable-only offences(Courts and tribunals Judiciary, 2018).
Civil division: It handles the civil matters. The civil court includes the queen court,
chancery court, family court. Queen court handles the dispute regarding the negligence,
torts, breach of court. Chancery court is a court of equity in Wales and England that
follows rules to avoid the change and inequity of law. Family law handles the matter
regarding the marriage and divorce and also perceives the verdicts from that. Court of
appeal perceives the verdicts from the court and includes the court of administration. The
county court is based on the process of jurisdiction.
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 High court of Justice: It includes the three divisions of appellate and original
jurisdiction in civil matters. It includes the chancery court, family court, queen
court.
 Court of appeal: It perceives the verdicts against the decisions by family court
and county court.
 County court: It is based on jurisdiction that covers one or more counties which
are administrative in nature.
Sources
There are two kinds of sources primary and secondary.
Primary sources: It includes the legislation enacted by parliament, case laws made by
the court, European law.
 Legislation: It is enacted by a legislature such as a parliament. It is recognised as
higher form as it overrides the other laws.
 Case laws: It is a set of rulings by courts and tribunals that meets the rules of
jurisdiction and known as precedent. This law helps to find the information easily
(Diffen,2018).
 European law: It is a system of rules which are operating within the state
members of European Union. It is divided into primary and secondary legislation.
Secondary sources: It includes the parliamentary and non- parliamentary documents,
law journals etc.
 Parliamentary and non- parliamentary documents: Parliamentary documents are
those which are produced by the parliament. It includes the bills, judgments,
business papers. Non-parliamentary documents are that which are not produced
by the parliament. It includes research reports, codes of practice etc.
 Law journals: It is an academic publication that presents the commentary of
emerging developmental in the law and specialises in the particular area of law.
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