Business Law Assignment : ADR

Added on - 29 Apr 2021

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Business Law
ContentsIntroduction......................................................................................................................................2Section 1: Nature of the Legal System.........................................................................................2P1 Structure of the English Legal System & Sources of Laws to Comply with.............................2P2 The Government’s role in Making of Law & Application of Statutory and Common Law inthe Justice Court..............................................................................................................................4M1 Evaluation of the Effective Legal Systems for Recent Developments.....................................5D1 Critical Evaluation of English Law & Legal System................................................................6Section 2: Impact of Law on Business Firms..............................................................................7P3 Employer’s Legal Obligations....................................................................................................7Impact of Employment & Contract Law on the Business...............................................................8M2 Potential Impact of Regulations & Standards in Business........................................................9Section 3: Legal Solutions regarding Business Problems........................................................10P4 Proper Legal Solutions.............................................................................................................10P5 Justification of the Solution......................................................................................................11M3 Positive & Negative Impacts of the Solutions........................................................................12D2 Critical Review of the Appropriate Solutions with the Alternatives.......................................13Section 4: Recommendation using Alternative Advice............................................................13P6 Concept of ADR Process &its Advantages..............................................................................13P7 Alternative Solution to a Problem............................................................................................14M4 Comparison of the Effectiveness between Two Legal Recommendation..............................15D2 Evaluation of the Appropriate Solutions with the Alternative Solution..................................15Conclusion.....................................................................................................................................16Bibliography..................................................................................................................................171
IntroductionBusiness firms always have to follow the rules, regulations, laws and torts provided by theauthorities locally as well as internationally. There are regulatory bodies in local as well asinternational arena. So when a business is established it is established according to law andregulations of the country. Moreover, when it is needed to be dissolved it will also need to gothrough the proper regulatory steps. That is why the business firms have to follow the legalenvironment as well as legal aspects of the initiation to the end of the business life. According tobusiness laws are the codes of conduct for the running of a particular business in any businessenvironment[ CITATION Ash15 \l 1033 ].So the business law is one of the most important factorsfor running a business properly.Section 1: Nature of the Legal SystemP1 Structure of the English Legal System & Sources of Laws to Comply withThe legal system of the UK has been developing for more than one thousand years. The structureof the UK legal system and the sources of law to comply with are described below: -Fig: Legal Structure in the UKSource: Duke.com, 20172
For criminal cases the starting of the cases will be from the magistrate’s court. When the matteris serious enough it will go to the crown court. If an appeal occurs the case will go to the highcourt. Sometimes these cases go to the Supreme Court. In the case of civil case the cases dealwith the county court and by the magistrates.There is a tribunal system by which the cases are dealt with in the UK. These tribunals haveseparate structure. The tribunals can generate the appeals and it can go to the employmenttribunals or to the upper tribunals. The system of the tribunals covers the area of the UnitedKingdom. The main purpose of the English Court structure is to settle the disputes among thedisputing parties in affair and simple way[ CITATION Her13 \l 1033 ].Sources of Law: There are several sources of laws in the United Kingdom. They are: -1.Primary Source: The primary sources of law comes in these forms: -Case Law: The case law is referred as the past outcome of the rulings made byjudge as well as the tribunal. The case law is known as precedence. This is one ofthe primary sources of law.Legislation: The legislation is enacted by the tribunals. The laws which are madecollectively in the tribunal is one of the major primary sources of law.European Law: The ruling system applied for the countries in the EuropeanUnion. These countries follow the European Law which is the major primarysource of law.2.Secondary Source: The secondary sources of law are the commentaries of the law. Thesecondary sources are: -Legal Encyclopedias: The legal encyclopedia refers to the set of comprehensivelegal articles on several legal topics.Documents: There are several parliamentary as well as the non-parliamentarydocuments which can be used as the secondary sources of law.Journals & Text Books: In the journals and textbooks related to law there arediscussions and interpretations regarding the laws and regulations. These can beused as the secondary sources of law.3
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