Business Law Assignment - The Nature of English Legal System

Added on - Nov 2020

Trusted by 2+ million users,
1000+ happy students everyday
Showing pages 1 to 4 of 11 pages
BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................3TASK 2............................................................................................................................................7CONCLUSION..............................................................................................................................10.......................................................................................................................................................10REFERENCES:............................................................................................................................11
INTRODUCTIONBusinesslawrefers to theregulationsthat governs the commercial transactions in abusiness. It is also known as “mercantile” or “commerciallaw”. It operates in two defined areasviz. Commercial organizations being governed throughlawsof company, partnership,bankruptcy and agency and the other area is commercial transactions being regulated by contractlaw. This is applicable on a company carrying its business to provide protection and resolve thelegal disputes by taking references from judgements passed (Martin, 2014). This report exhibitsthe English legal system and its sources, the role of government in law making, application andimportance of key laws applicable in case of a new business and evaluation of the outcomes oflaw on a business.TASK 1“The nature of English Legal System”The legal system in UK is divided into three parts viz. English Law, Scots Law andNorthern Ireland Law. English Law is the common legal system of England and Wales, whichhas its two branches; criminal law and civil law. The constitution rule decides the legal matter bythe application of Acts of Parliament, regulations and bye-laws. Further, it is also has public andprivate law. However, UK does not have a single written constitution and the existingconstitution is unwritten. The constitution has defined the rights of the UK citizens. The highestauthority to pass the order or judgements in the matters of civil and criminal is with the SupremeCourt. Apart from this, European Union law is applicable to the extent of EU treaty obligations.The Crown is the unelected head of the state and exercise only the ceremonial rights and powerrelate to issues of national security, defence of the monarchy and deployment of the armedforces. Crown has the ultimate power and authorizes the government to exercise the power onher behalf. Further, the Royal Assent is necessary to pass a bill and enact as an Act.The commonlaw refers to the the judgements passed by the courts and similar tribunals. When there is adispute between the parties regarding the applicability of a law, common law prevails in suchsituations by taking reference from the judicial decisions made in the past. European Union lawwere formerly known as European Community laws. It consists of the rule and regulationsabout treaties, law and court decisions that are applicable apart from the legal systems in themember states.The sources of UK law are as follows:
Primary Sources:These sources contain the information which have not been used orinterpreted earlier. Primary sources are:1.Case Law:These are the judgements or order passed by the courts, therefore, termed asradical primary sources. Case laws are published in the law report describing the facts,issues and decision and the concept on which the judgement is passed. The English lawuses the decisions passed by the courts for making legal decisions in the future. Thedecisions by the superior courts are of biding nature and it is not compulsory for thejudges to take references of the case law decided by the sub-ordinate courts.2.Legislation:The constitution of UK is partly written and the parts which are not writtenhave been passed in the Parliament and enacted as Act(Dragos and Neamtu, 2014).These laws extend to the whole UK. The highest authority is with the WestminsterParliament. It has a right to enact laws and because of the supreme authority, theapplicability of any Act passed by it can not be challenged in any lower courts.Secondary Sources:The content or information which has been created by a personwho did not have the first hand information. The sources are as follows:1.Legal encyclopaedias:Halsbury's Laws of England and Walesis the authentic andauthoritative encyclopaedia of UK law. It covers exhaustive information of law that havebeen extracted from the written constitution and different sources of law. It is arranged ina formal and easy manner and can be used to decide a legal dispute.2.Parliamentary Publications:These are prepared to apprehend the intention of thegovernment to enact a law or to perceive the reason for implementing a legislation. Theseinformation can be obtained from command papers, debates of parliament and paperspublished by House of Commons and House of Lords.3.Non-Parliamentary Publications:The reports and consultation papers published byvarious departments and agencies of government are called non-parliamentarypublications.4.Law Commission:It has been constituted to monitor and review the existing laws andprovide a recommendation in the such laws. The commission discuss its recommendationwith the general public, experts and other interested parties for their views on the reviewreport (Partington, 2016). The report is then complied and uploaded on its official sites toprovide a fair and simple understanding of the law.
Desklib Logo
You are reading a preview
Upload your documents to download or

Become a Desklib member to get access