Business Law Assignment: English Legal System

Added on - 06 Jun 2020

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·BUSINESS LAWl1
Table of ContentsBUSINESS LAW............................................................................................................................1INTRODUCTION...........................................................................................................................4Section 1..........................................................................................................................................4P1 Explanation about the structure of the English legal system and discussion about thesource of laws that organisation..................................................................................................4P2 Explanation about the role of government in law making and how statutory and commonlaw is applied in the Justice court...............................................................................................5Add statuary law.........................................................................................................................6Common law..............................................................................................................................6Section 2..........................................................................................................................................6P3 Brief explanation about the employer’s legal obligation in the relation to.........................6a) I) Occupational Health and Safety.........................................................................................6II) Workers compensation.........................................................................................................7III) Harassment............................................................................................................................7IV)Equal opportunities...............................................................................................................7b)Explanation about how the relevant employment and contract law will have a potentialimpact upon the business............................................................................................................7Section 3..........................................................................................................................................8P4 Suggestion about the appropriate legal solution for each of the above business problems..8P5 Explanation about business solution by either referring to a relevant statute or using anappropriate case...........................................................................................................................9Section 4 P6.....................................................................................................................................9a)Explanation about the concept of using alternative dispute resolution process.....................9b)Recommendation an alternatives legal solution to the business problems............................10CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12
·INTRODUCTIONBusiness law is very significant aspect in the present time by which any businessenterprise can effectively protect and keep secure its business activities and function. Businesslaw is a structure that is used to protect the citizens as well as organization within the country.Below are explained several legal structures and their impact upon the business organization,contracts and citizens in the country (Smith and Malloy, 2013). In addition to this,I explained therole of government in law making and application of statutory and common law. The mainobjective of this assignment is to understand the importance of English legal system and businesslaw upon the business activities as well as citizens in the country.·Section 1·P1 Explanation about the structure of the English legal systemEnglish legal system is very important system through which several courts can establishfor take the decision. With help of this system, fair decision can be done according to theconflicts of parties. In this structure,Supreme Court is positioned at the top level and theirdecisions have to follow by other lower level court. With help of the superme court finaldecision regarding the situation can final out the parties.T he fair decision can done by thesuperme court.(Haag and Sund, 2016.). After the supermen court, court of appeal is positionedin the hierarchical structure and it divided into civil and criminal divisions. All lower levelcourts have to follow the decisions of both divisions. While there is any conflict situation arisesbetween two previous decisions then court must decide which decision to follow and which tooverrule. If the previous decision has been overruled by the House of Lords then appeal courtmust have to follow the decision of the superior court. The divisional courts are located withinthree division of the high court. Magistrates and country courts do not bind any other court andare not bound by their own decisions.There are various source of law which are discussed below-Primary legislation- This kind of delegated legislation is developed by the deliberate assemblyof the country. The legislation has emerged as the chief source of law. With help of thelegislation, country’s citizens and organisations can securely and safety carries out their workingas well as business activities (Haigh, 2015). Legislature emerged as an organ of the government.3
It began transforming the customary rules of behaviour into definite and enacted rules ofbehaviour people.Equity- Equity refers to the word of fairness and sense of justice. In order to decide the cases,judges interpreted and apply laws to the specific cases. With help of equity law, anyone can haveright to get equal rights regarding their work. Equity is used to provide relief to the aggrievedparties and such decision perform the functions of laying down rules for the future.The most significant source of English Law is the European Union Law. European Law takesprecedent over any laws of each country that is part of European Union. We have different caseswhere it happened that corruption takes over the Parliament of a country and changes want to bemade to justice law as an example. The European Union will take actions against those countriesi.e Hungary. The European Parliament striped of the rights of voting of Hungary in theEuropean Parliament because of a serious deterioration of rule of law in this country.lP2 Explanation about the role of government in law making and how statutory and commonlaw is applied in the Justice courtGovernment plays a very crucial role within the country in order to develop the lawregarding several activities and functions. According to the situation and conflicts arises in thecountry, government takes the decision about law development. This law develop for thepurpose to protect the citizens of the country (MacCormick, Summers and Goodhart, 2016). Inthe procedure of law making, bill is the first draft which is forward in the parliament. A bill isthe draft of a legislative proposal and it has to pass through various stages before it becomes anact of parliament. There are major three stages through which bill have to pass in the house ofparliament. These stages are discussed below-First reading- The legislative procedure starts with the introduction of a bill in either house ofparliament that is the lok Sabah and rajya sabha. A bill can be introduced either by a minister orby a private member. It is necessary for a member in charge of the bill to ask for the leave ofthe house to introduce the bill (Qi, Roth and Wald, 2017). This bill is forward to the house ofparliament for first reading.This bill organised in the house of common. This is very significantstage in the law making by government and in the absence of this phase it is impossible todevelop the law by government.
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