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Business Law Contents INTRODUCTION 1 Section 1- Nature of Legal System

   

Added on  2020-06-03

11 Pages3765 Words210 Views
Business law

Contents
INTRODUCTION...........................................................................................................................1
Section 1- Nature of legal system....................................................................................................1
a) Structure of legal system and different sources of laws that organization must comply with 1
P2 Role of government in law making and applying common and statutory law in justice
courts............................................................................................................................................2
Section 2 – Impact of the law on business organisations.................................................................3
P3 a) Employers’ legal obligations..............................................................................................3
P3 (b) Relevance of employment and contract law.....................................................................4
SECTION 3......................................................................................................................................4
P4 Legal solutions for given case scenarios................................................................................4
P5 Providing justification for the solutions.................................................................................5
Section 4...........................................................................................................................................6
P6 A. Idea and benefits of using alternative dispute resolution process......................................6
P6 B. Recommended legal solution to the business problem......................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is determine to be the body of law that is governs commerce and business.
Further, it is considered to be a branch of civil deals and law that consist of public and private
law (Bodie, Kane and Marcus, 2014). There is different type of business operations that has to be
performed and with the help of business law it allows the firm to run their functions in
systematic manner. This report covers the structure of the English legal system and sources of
laws that firms need to comply. Further, it also covers the role of government in law making.
Lastly, it also provides legal solutions as per business problems provided.
Section 1- Nature of legal system
a) Structure of legal system and different sources of laws that organization must comply with
At Wales and England, English legal system is followed. This consist of civil and
criminal law. People who are sitting at court who are known as judges are involved in
developing law. Among all these Supreme Court is considered to be the highest appellate of UK.
Further, it is also determined to be major European legal system. Below given are the main
classifications of English law:
Civil law: This is determined to be the disputes in parties like employees and employers,
consumer and suppliers, etc. As per this law, the parties when found guilty, then they have to pay
for the damages to innocent party (Cameron, 2017). Further, it consists of torts like nuisance,
breach of contract, defamation and negligence.
Criminal law: This is related with crimes and offences in society. Further, it is based on
the assumptions that are done by state. In order to prevent activities like crime, criminal is
punished so the rate of such activities can be reduced. These deal with constituents like Crown
Court, Magistrate Courts, Court of Appeal and Criminal law.
There are law making process that is undertaken by parliament as they are the supreme
authority. Below given are principle sources of UK law:
Case law: Laws are made based on the conditions that affect the statues. Interpretations if
made by the law that is sanctioned by parliament. Further, it pin point the errors and unclear
languages that occurs in forming statute (Foss and Knudsen, 2013). Proper interpretation should
be make for the given provision as decisions are taken by court based on it.
European Union law: UK is the member of EU and so that law that is considered in EU
are the UK law. It is important to follow provision of ECJ (Justice of European Union).
1

Legislation: It is formed when MP brings the bill to parliament that can affect public.
Further, it includes private bills that affect particular type of person or locality. These are brought
up by non government MPs. It is the House of Lords were necessary amendments are made.
When royal assent is received, then it becomes a part of law. For example, Insolvency Act 1986
(Kinicki and Kreitner, 2012).
Human rights Law: Human rights act 1998 is helpful for the court of UK to provide
proper protection to rights of human that were identified in ECHR (European Convention of
Human Rights).
P2 Role of government in law making and applying common and statutory law in justice courts
In the process of law making government plays vital role. Bills are bought by MPs of
government and they aim at converting into law. Below given are the steps involved in the
process of law making:
Emergence of an issue: There are different types of political parties that fight in election
(Park, 2012). When they make them government, then they aim at fulfilling the promises that
were made by them at the time of election.
Addressing the issue: When problems are identified, then steps are taken to overcome
them. Further, it consists of laws that are based in taxation, education, health, etc.
People interested are consulted: It is important to consider feasibility and proposal with
experts, people and interested groups. On a green paper, they are asked to comment on proposal.
Cabinet ministers need to agree with proposal: It is important for government minister to
persuade cabinet ministers to provide their approval (Smith and Malloy, 2013). This way, they
are able to extend it as a bill in the parliament.
Proposals are converted into bill: When proper interaction is make with all people
involved. Professional lawyers are involved who convert the proposal into detailed legislation.
Bill comes into scrutiny: Consideration is made by house of parliament for proposal
introduced by the government. Then the proposal is converted into bill and it is to be approved
by both peers and MPs in House of Lords.
This way, it can be stated that role of government is highly important for generating the
idea and taking up appropriate action to overcome them. Common laws approved by courts,
tribunals and judges (Snyder and Deaux, 2012). When decisions are taken on the previous
2

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