Business Law and Nature of Legal System - Assignment
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Added on 2021-01-02
Business Law and Nature of Legal System - Assignment
Added on 2021-01-02
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BUSINESS LAW
ContentsINTRODUCTION.......................................................................................................................................3LO 1............................................................................................................................................................3Nature of legal system.............................................................................................................................3LO2.............................................................................................................................................................6Gig economy................................................................................................................................................6LO3.............................................................................................................................................................7Different forms of business organisations...............................................................................................7LO4...........................................................................................................................................................12Legal solutions to solve areas of dispute...............................................................................................12CONCLUSION.........................................................................................................................................14REFERENCES..........................................................................................................................................15
INTRODUCTIONBusiness law is the body of law that governs and consider as a branch of civil law which dealswith both issues of private and public law. The report consists of nature of legal system of UK.Moreover it shows concept of self employed and employed and difference between them andfactors that drive the changes between them. It talks about different types of organisations thatcan be operated in UK and settlement of disputes outside the court along with its ways.LO 1Nature of legal systemThe UK consists of four countries: England, Wales, Scotland and northern Ireland. Somelaws applied to whole UK and some applies to only two or three countries.Divisions of law : The UK law is divided into two part in which the first is criminal law andother is civil law.Criminal law: This law relates to offences that affect negatively to the society as wholerather than just an individual. This area of the law outlines that what acts of parliament can beacceptable and unacceptable in UK. If an individual breaches criminal law, they get subjected tocriminal prosecution by the state (Adams, 2016). The proceedings of criminal law usuallybrought by the Crown prosecution service in the name of Crown and are heard in Magistratecourt or crown court. The offenses that can be treated as breach of criminal law are burglary,theft, criminal damage, assault, murder, money laundering and drug dealing etc. in case theindividual is proven guilty, the offender will receive penalty in the relevant legislation andguidelines on sentencing in the form of fines, and prison sentence.Civil law: It is little different from criminal law. It is concerned with the individual’srights and property which may not be protected by criminal law. This law settles disputesbetween individuals and organisations, and often involves compensation to the aggrieved party.
This law does not involve imprisonment but may involve compensation if they are liable for it.The civil cases includes family disputes, divorce, children’s issue, breach of promise or contractroad traffic accidents, trips and falls, childcare arrangements and employment law. These casesare filed by private parties and either party can appeal in civil case.Sources of law: The four sources of UK law are legislation, common law, European union lawand European convention on human rights.Legislation: Legislation is the law created by the legislature. The principle legislature isthe UK parliament, based in London. This is the body responsible to pass laws that apply in allthe four countries (Adams, 2016). The UK legislation consists of House of Commons and Houseof Lords. The house of common consists of 650 members of parliament whereas House of lordsconsists of 800 peers out of which 600 are appointed by the queen on the recommendation ofPrime Minister.Common law: It is also known as case law that was developed by courts, judges andsimilar tribunals. It is one of the many sources of unwritten constitution of UK. It is third branchof law which contrasts with and is on equal footing with statues and are adopted throughlegislative process and are created by executive branch of government. In this judges are boundto make future decisions which will ensure consistent treatment specially when two partiesdisagree on what the law is. Common law should be distinguished from statues, which arecreated by parliament because common law applies to the whole population equally but statuescan be made in the favour of one section of society over other section. European Union law: European law is a body of treaties, law and court judgementswhich operates alongside the legal system of EU’s member states. When there is a conflict arisesbetween national law and EU law, EU takes precedence over national law. The EuropeanCommission is responsible for ensuring EU law. This law comprises of –Regulations are directly applicable to all member states including UK. This means thatthey do not have to transposed into national legislation.
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