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Report on English Legal Structure and Role of Government in Law-making

   

Added on  2020-06-05

14 Pages4100 Words32 Views
BUSINESS LAW
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ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Structure of English Legal system and sources of law...........................................................1P2 Role of government in law making and its stages..................................................................3TASK 2............................................................................................................................................5P3 Employer’s legal obligation in various terms.........................................................................5TASK 3............................................................................................................................................7P4 Appropriate legal solutions.....................................................................................................7P5 Justifications for legal solutions.............................................................................................8TASK 4............................................................................................................................................8P6(a) Concept and benefits of Alternative Dispute Resolution Procedure..................................8(b) Recommend an alternate legal solution...............................................................................10CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................12
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INTRODUCTIONIn this present world, effective system and procedure of law and legislation can be treatedas a significant part for a country. There are various kinds of law, which can be bifurcated asbusiness law, corporate law, company law etc. Business law is a law which can be termed as aconcept, which encompasses legislations governing commercial, sales, commercial andemployment law (Bagley and Dauchy, 2011). So, considering this, this present report will bediscussing about nature of English legal structure along with role of government in law making.Apart from this, employer’s obligations in terms of diversified range of regulations will also bediscussed. In addition to this, process of Alternate Dispute resolution system will also be giveneffect.TASK 1P1 Structure of English Legal system and sources of lawIn context of English legal system, hierarchical structure of courts and judiciary system isinvolved. In this aspect, decision formed by higher court is bounding upon lower court. It can bebased upon the doctrine of Precedent (Bagley, 2010). Supreme court, which is known as Houseof Lords, is at the top of list of Hierarchy of legal structure. It is further divided into two parts,which can be classified as Criminal and Civil. Succeeding this, the next court can be recognisedas The Court of Appeal. Then in next magistrates and county courts are situated. 1
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Figure 1English Legal structure(Source: English Law, 2017)In this light, there are various sources of law as well, which can be characterised as:Legislation: It can be considered as a primary source of law which is related withclarification of legal rules and regulations by an authorised authority. In this light,legislation can serve many objectives which are effective regulation, authorisation,supplying of funds, etc. (Bodie, Kane and Marcus, 2014). It is a duty of Parliamentarylegislation, to frame new laws and; regulations. It also decentralises its powers andcapabilities to its lower bodies. Case laws and judicial precedents: These are characterised as decided case laws on thebasis of which judiciary system and judges of courts frame any decision in case of anyrelated issue. This concept is widely adopted by Civil Law system. However, decisionsmade by courts are also referred as a significant source of legal system and laws. Equity: It can also be considered as a part of law which prevails mostly in England andWales. It coincides over common law, but on the other side its application isdiscretionary in nature. Statutory law: This is a concept which has been laid down by an association oflegislature or by a single legislature body. It can be considered as a contrary to customary2
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