Business Law & Employment Law

Added on - 21 Jul 2020

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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1...........................................................................................................................................1P1 Explain the structure of English legal system..................................................................1P 2 The duties of legal authority in law making....................................................................4M1 Effectiveness of English legal system in context of current reforms...............................5TASK 2............................................................................................................................................6P3 A) legislation and legal responsibilities............................................................................6The relationship between regulations, legislations and standards.....................................6Implication and impact of various legislations.................................................................6P3 B) Explaining the way relevant contract and Employment Law Impact the Business.....7The responsibilities of directors and delegation of tasks..................................................8The way Employer and employee relationship interact with employment Law.............................8M2 Differentiating and analysing the potential effect of regulations, legislations as well asstandards................................................................................................................................9P4 Suitable legal solution to problem faced by organisation.................................................9Considering the application of company legislation in forming organisation, raising capital,correlation of pay and performance.................................................................................10P5 Explanation related to the above solutions.....................................................................111. In case of Calvin........................................................................................................................11M3 Positive and negative impact of legal solution.............................................................12TASK 4..........................................................................................................................................12P6 A) Concept of Alternative Dispute Resolution (ADR)...................................................12P6 B) Recommending an alternative solution to business problem.....................................12M4 Compare and contrast thse effectiveness of two different recommendations................13CONCLUSION..............................................................................................................................14REFERENCES..............................................................................................................................15
INTRODUCTIONIn the present scenario, due to changing business environment, an organisation is facingvarious business problems. So, there is a great significance of Business law in order to assist afirm in finding effective solution to several issues. Business law is defined as the set ofregulations that governs or regulates the way business should be established, run and managed.Commercial legislations are required for ensuring the fair-trade practices in the country. Thebusiness law has wide scope due to increase in complexities of modern business world. It isessential to regulate the business activities. Legislation is considered as the effective tool forbringing drastic improvement and positive change at workplace. Some of the laws that are to befollowed by business entity are Company rules, Employment legislation, industrial legislationand other legal norms. It is very essential for the organisation to comply with the rules andregulation framed by the government. This is because failure to comply with these norms canhave negative impact on the growth of the firm.The study on Business Law has focused on developing understanding about overallconcept of national as well as international law. The report will cover the topics ofsale of goodact, Contracts,organisation problems etc.TASK 1P1 Explain the structure of English legal systemEnglish legal system is one of the major European legislative grouping. The severallegislations in the English legal system is the common regulations that governs the norms ofWales and England.The various legislation in English legal system are much influence by theEU laws.The Structure of English legal system is hierarchical. In this framework of legal system,high court has the authority to make important decision. The judgement made by the high courtare to be followed by all other smaller courts.The structure of the English legal system providesthe basis of Doctrine of precedent which means 'Let the decision stand'. In this framework, theSupreme Court which is also recognised as House of Lords in English legal system is the topmost legal authority. The conclusion or judgement made by the magistrate in this court are to becomplied with all other Courts. In this legal structure of English legal system, the Supreme Courtis the Highest English Court; decision or conclusion made in the European Court of Justice arebinding on all courts in UK.1
The court of appeal is recognised to be at lowest to the supreme court in the hierarchicalstructure.The structure is split between the criminal as well as civil divisions. The conclusiondrawn by both divisions is to be followed by lower courts. If in case, there is dispute betweentwo previous decisions taken, the tribunal may decide which decision or judgement to befollowed and which to be overruled. The existing judgement that has been overruled by theSupreme Court that is the House of Lords, the court of appeal is required to comply with thejudgementmadebysuperiorcourt(Bowie, 2017.) Divisional courts are located within the division of high court. The high court hasto accept the decision taken by upper courts. Other small courts that are at the lower position inthe hierarchical structure are as follows:Crown Court- The various law suits, whose decision are not taken by the magistrate courtare transferred to the crown court. All the criminal cases are to be handled as well asmanaged by this tribunal.Country Tribunal- This court does not include Jury members in decision makingprocedure. In this, Tribunal magistrate is only the person who has authority to make finaljudgement.High Court- The conclusion made by the judge in the high court are binding upon lowerjudicature.The High Court is divided into three categories; these are: chancellor, queenbench and family. In chancellor and family tribunal, the family matter, industrial disputesas well as other issues faced by business are heard and decision is made by the magistrateon the basis of evidence. While in queen bench division, the cases related to construction,technology, administration, etc. are dealt by the court.2
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