Role of Government in Law-Making and Application of Statutory and Common Law in Justice Courts

Business Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK 1............................................................................................................................................3
P1 Different sources of law and the laws to which businesses must comply with................3
P2 The role of government in law-making and how statutory and common law is applied in
the justice courts.....................................................................................................................5
M1 Evaluate the effectiveness of the legal system in terms of recent reforms and
developments..........................................................................................................................8
TASK 2............................................................................................................................................8
P3 How company, employment and contract law has a potential impact upon business......8
M2 Differentiate between legislation, regulations, and standards to analyse potential impacts
upon business........................................................................................................................12
D1 A coherent and critical evaluation of the English legal system......................................12
TASK 3..........................................................................................................................................13
P4 Explore how different types of business organisations are legally formed.....................13
P5 Explain how business organisations are managed and funded.......................................14
M3 Assess the advantages and disadvantages of the formation of different types of business
organisations.........................................................................................................................14
TASK 4..........................................................................................................................................16
P6 Recommend legal solution for resolving a range of dispute using examples to demonstrate
how a party might obtain legal advice and support..............................................................16
M4/ D3 Compare and contrast effectiveness of different sources of legal advice and solution
and support for dispute resolution........................................................................................20
CONCLUSION..............................................................................................................................21
REFERENCES..............................................................................................................................22

INTRODUCTION
Business law is a vast field which governs the commerce and business. Commercial law
is basically enacted to regulate the corporate contracts, manufacture and the sale of the consumer
goods and the hiring practices. Business law is the study of intellectual challenge in respect to
legal puzzle which is constantly changing which is faced by the businesses irrespective of their
types and sizes. It serves the way in which the business must maintain order (Bartel and Graham,
2016). These protect rights of companies and the people associated with it and also establishes
the standards as to how things must be done. The main function of commercial law is to maintain
order, protect liberties and rights, resolve conflicts and establish the standards. This report shall
cover the sources of law, role of government in law making, overview of company, employment
and contract law. Further it will cover different types of business organisations and the alternate
dispute resolutions.
TASK 1
P1 Different sources of law and the laws to which businesses must comply with.
Sources of law
Law is the system of rules which are created and then enforced by the governmental and
social institution in order to regulate the behaviour. The United Kingdom does not have its
written Constitution rather it is partially written and un codified. The main sources of law in UK
is statutory and common law. Some of the sources of law are discussed below-
 Common law: It is the body of the unwritten laws which are based on the legal
precedents established by court of law. It influences decision making of the courts in
unusual cases from where outcome cannot be determined and is based on the existing
statutes and the written rule of laws.
 Equity law: It is a body of law, developed in English Court of Chancery and is now
currently administered with common law. It does not contradict common law but it is
aimed to secure the substantial justice when rule of common law sees the injustice
(Bartlett, 2018).
 Judicial precedence: The courts does not have power to overrule or create the precedent
which are set out in previous cases. These are based on the doctrine of stare decisis where
the lower courts are bound to follow the decisions of superior courts. In UK the Supreme

court is the top most court in the hierarchy whose decisions are bound to be followed by
the lower courts.
 Legislations: These are the Acts of the Parliament which are enacted by both the Houses
by majority. These are statutory law which cannot be challenged in any courts. The aim
of statutory law is to replace the existing law with the system of regulations in order to
maintain and improve the standards (Schwartz, 2017).
 European Union law: It is the system of rules which operates in the member state of the
European Union. It is the supreme source of the law in European union. It comes from
founding treaties, namely Treaty of Rome and Treaty of Maastricht.
 International Conventions: These are the agreement entered into by different countries
which are legally binding to contracting states. It covers many areas like science, trade,
transport, disarmament and the human rights. Writers and authorities: These are created by the expert authors and the academicians
and are the excellent point of starting the research. These cover the legal issues, facts and
the cases so that law concepts are made clear (Bhuta and Kreβ, 2016).
Laws which businesses must comply with
The businesses are required to follow the rules and regulations so that smooth running is
ensured. The laws to which the organisations must comply with are discussed below- Equality Act, 2010- This law is designed to prevent the discrimination at the workplace.
The law provides the protective characteristics which are grounds on the basis of which
an employer cannot discriminate any person. These include sex, race, gender, maternity,
pregnancy, etc. The law emphasis on the equality and states that every person must be
given equal and fair opportunity at the workplace. Health and Safety at Work Act, 1974- This Act is formulated to provide safe and secure
environment to all so that no accident or happening can occur. The law places duty on the
employer to take all necessary measures so that risk can be assessed and prevent or
reduced the risk. Employment Act, 2008- This law is designed to regulate the relationship of the employer
and employees. It protect the rights of the employees from exploitation and places duty
on employer to provide the employee with the employment contract so that all terms and
conditions of work are clear (Zhang and et. al., 2019).

 Data Protection Act, 2018- This law is formulated to maintain the privacy and security of
the people who are associated with the business. This law obliges the employer to
maintain privacy of the data of the employees and customers.
P2 The role of government in law-making and how statutory and common law is applied in the
justice courts.
Four arms of the Government are:
 Monarch: It is the Head of the State and has a major role of making the law. No law
can be enforced in the country without the assent of the monarch.
 Executive: It consists of the leaders of the office with top role of leadership which
includes the Head of the state, the government and other ministers. They are entrusted
with the role to enforce the law in the country. It formulates the policies and
implement it.
 Judiciary: It comprises of judges and the other officers of court and tribunals who
enacts new law through the judicial precedents. The judges have the power to decide
which law should actually imply in a case.
 Legislature/parliament: This is the supreme authority to enact the law. The law is
passed through different stages and legislature have supreme authority to enact any
law (Scalia, 2018).
The legislature is made up of two houses:
 The House of Commons- It consists of the members who are elected publically.
They debate the big issues of politics and proposes for the new law. They are alone
responsible for the decision making on financial bills.
 The House of Lords- It is the second chamber of UK Parliament. They share the
work of making and also shaping the laws and check and challenge the work of
government (Bianchi, 2016).
Stages of Parliament Law Making Process
A bill undergoes many stages in order to become the bill. The following stages are-
 First reading- The Bill arrives at the either House of the Parliament. Here the formality
of reading the name of the bill is done.
 Second reading- In this stage, the debate is done on the purpose and the key areas of bill.
Usually no votes take place at this stage.

 Committee stage- A detailed scrutiny of the bill is done and amendments are suggested.
The members begin from start and work till the end. Votes may take place at this stage as
to whether to accept the changes or not.
 Report stage- another opportunity is given to the members to examine the bill and make
the changes. The amendments are debated and votes may take place at this stage.
 Third reading- It is aimed to close the loopholes. A final opportunity to make the
changes is given and votes take place at this stage.
 Consideration of amendments- At this stage, if the Lords have suggested any changes
to the bill, it is send to Commons and they may accept or reject it and vice versa. It is
called the ping pong process. Royal assent- When both the Houses have been agreed on the bill, it goes to Monarch for
the royal assent so that it can become the law (Bird, and Brown, 2018).
How statutory and common law is applied in the courts in England and Wales
The statutory legislation is the Parliament made law which is the supreme law making
authority. The common legislation is judge made law where the judges may interpret the existing
laws or make new law as per the need in the society. The laws are applied at the court system of
England where the judges apply the law as per the given case and work to render justice to the
victim and punish the wrongdoer.
Definition of judiciary and how it is made up of court system
It is a branch of the government which interprets the law. It consists of the courts of first
resort, appellant courts and the Supreme court. The judiciary consist of courts which hears the
cases on civil and criminal matters. There is no written Constitution in UK, all the rights and
duties of the citizen are incorporated in the statutes made by Parliament and by the precedents.
The judiciary consists of courts, officers and ministry of justice who collaboratively work
together for rendering justice to the victim.
justice system – civil and criminal law
The civil law covers the areas like negligence, contract, employment and family matters.
The dispute mainly arises between the two private individuals in case of civil matters and these
are governed by the civil laws. For example, contract law, Tort law, property law, etc.