Law Assignment: Business Law Assignment
Added on 2020-06-06
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BUSINESS LAW
Table of ContentsINTRODUCTION......................................................................................................................3TASK 1......................................................................................................................................3P1 Various sources of law......................................................................................................3P2 Government’s role in law making.....................................................................................4TASK 2......................................................................................................................................5P3 Advice on different case scenarios...................................................................................5P4 Legal solution to vocational scenario...............................................................................7P5 Justification to the answer for PHB Ltd and Busy bees scenario.....................................8TASK 4......................................................................................................................................9P6 Legal rights of AFG Oil Company...................................................................................9CONCLUSION..........................................................................................................................9REFERENCES.........................................................................................................................11
INTRODUCTIONBusiness law helps in assessing the rules and regulations that have to be followed bythe companies in their functioning. The report makes comprehensive discussion on variedsources of law in English system such as legislation, common law, human rights law andEuropean Union law (Folsom And et.al., 2012). Further, steps to law formation and role ofgovernment in it will also be discussed in the report. In addition to this, the report focuses onsteps followed by companies for name formation will also be discussed. In the end,arbitration method of Alternative Dispute Resolution (ADR) will also be discussed in thereport to make the understanding concrete.TASK 1P1 Various sources of lawThere are four main sources of English law. They are, Legislation, case (common) law,human rights law and EU law. The origin of each kind of law is different which is mentionedin detail below:Legislation: It is created by the legislature. These are the acts that have been made bythe parliament and are considered to be the most important ones. He principles madein legislation are performed in parliament which is situated in London. It is the onlybody in UK which have been given rights to prepare law through the acts which canfurther be applied to all the four countries of UK. There are basically two types ofparties in the parliament of UK. They are the House of Lords and the House ofCommons. 650 members are present in the House of Common who happened to takepart in the process of law making (Scholes, 2015). They members of the parliament tocast their votes at the time of election and the member who receives maximum votesis appointed as MP of the House of Commons. On the other side, there are around800peers present in the House of Lords out of which 600 are duly appointed by theQueen as per the recommendations received from the parliament. The person whohave received the aristocratic titles such as, Lord or lady and senior bishops of thechurch are allowed to become the peers of House of Lords. Case (Common) law: The laws formed through the common laws are the one whohave been inspired by some cases being decided by the senior appellate. The lawscompiled in it are basically followed by England and Wales (Cheeseman and Garvey,2014). The decisions that have been taken in the past are considered by forming thistype of law. All the arguments are considered before it If any aspects of the case is not
clear then it is being clarified by the court. Courts then try to make the interpretationof the issues being faced before the parliament. After all the clarification is made,final law for the country is formed. Human rights law: This type law came into existence in 1998 and was then comeinto force from October 2000. The identification of these tights was made byEuropean Convention on Human Rights (ECHR). It is the signatory member state ofUK. Human rights are compulsory for all the people of country to follow all the rulesand policies laid down in it. EU law: UK is the signatory member state of European and hence all the laws, rulesand regulation that are enforceable in EU are automatically to be followed by UK aswell. However, the Brexit is applied to the country, in that case, it will not becompulsory for the country to follow these rules that are issued by European Union.P2 Government’s role in law makingWhile indulging in the preparation of the law, the government is involved in assessingthe requirement of the citizens. Based on the assessment made and promises being made inthe election manifestations law making process is initiated. Hence, fundamental role is playedby the government in the process. Hence, the process involved in the preparation of law ismentioned below:Bill: it is the first step where the draft of the proposal bill is submitted stating therequirement of the bill. It covers the explanation of the bill. There are basically threetypes of ill which are, public bill, private bill, and private members bill. Private billhave significant impact on a particular community or person. These are mainlyprepared by backbench of MP. However, in case of public bill, a significant impact onpeople at large scale is noticed. It is prepared by the cabinet. Some of the examples ofpublic bill are Constitutional Reform act 2005 and Criminal Justice Act 2003.First reading: In process of the law formation, this is the fist reading of the proposedbill organised in House of Commons (Smith and Malloy, 2013).Second reading: There is a debate conducted to assess the viability and feasibility ofthe bill and amendments are made based upon the conclusion of the debate conducted.The voting is then conducted in the parliament to decide that whether the bill shouldbe forwarded to next stage of law making process or not.
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