Analysis of Legal Systems and Dispute Resolution Processes

This assignment involves analyzing the English legal system, including its structure and various types of disputes that can be resolved within it. It also delves into alternative dispute resolution (ADR) processes such as mediation and arbitration, providing insights into their facilitative differences and implementation strategies. Additionally, it touches on the development of the Japanese legal system for public participation in land use and environmental matters.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of English Legal System....................................................................................1
P2 Government duty in making different laws.......................................................................3
SECTION 2......................................................................................................................................4
P3............................................................................................................................................4
a. Employer's legal obligations:..............................................................................................4
b. Relevancy of employment and contract law upon the business scenario...........................5
SECTION 3......................................................................................................................................7
P4. Legal solutions for the business problems.......................................................................7
P5. Justifications of the legal solutions..................................................................................8
SECTION 4......................................................................................................................................9
a. Alternative Dispute Resolution...........................................................................................9
b. Alternative legal solution to the business problems.........................................................10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12

INTRODUCTION
Business laws are the set of rules which governs business and is defined as branch of civil
law. It also governs private and public laws. These laws help the company to regulate their
business operations properly. Business law comprises different laws like income tax, security,
intellectual property, employment law etc. (Anantharaman, Pittman and Wans, 2016) In this
report, the main concern is given on importance of English legal system, different sources of law.
Further, role of government in law making and difference between statutory and common law is
defined. Top authority's legal obligation with respect to workers compensation, harassment and
health and safety are described. Legal solutions of different business problems and his
justifications are provided. Moreover, Alternative resolution process benefhis and important
concepts are defined.
SECTION 1
P1 Structure of English Legal System
English legal system consists of hierarchical structure which are defined as follows:
1

Supreme court: It handles the cases of appeal court and high court. The main function of this
court is to solve the cases of Inner house of the court. The appeal of all these courts (inner house)
are heard by more than five judges.
Court of appeal: Decision of this court are appealed to Supreme court. Court of appeal has two
sections that is civil division and criminal division. Civil decision’s main aim is to listen the
cases related to civil laws and family related matters from high court and county courts. On the
other hand, criminal division listens the cases from Crown courts (Ancel, 2016).
2
Illustration 1: English Legal system
(Source:United Kingdom Law: Legal system, 2015)

County courts: It listens various cases which are simple to solve. They mainly deal with the
cases like repayment of debts, family issues, property related issues, personal injury etc. The
decisions of these courts are appealed to high courts and listened by judges without taking help
of jury members.
Crown Courts: The main function of this court is to deal with the criminal cases which are
transferred from Magistrates courts. They mainly deal with murder, rape and robbery cases. All
these cases are listened by judge and jury members. Criminal division of court of appeal takes
decision of this court.
Magistrates Courts: It mainly handles civil cases and criminal cases. The appeal is heard by
three magistrates and district judge (Crane and Matten, 2016). Jury members are not involved in
making decisions of these cases. Crown court hears criminal cases of this court.
Tribunal service: It mainly deals with the cases related to tax, education, employment, asylum,
social security etc. Division of the high court listens decisions of Tribunal services.
Different sources of laws:
Different sources of laws legislation, common law, European Union law and the
European Convention on human rights. European union laws helps in maintaining the peace in
the country and promote their values and well beings of the citizens. European Convention on
human rights is built to protect and safeguard the human rights and provide freedom to them.
Common laws are based on precedents (Eades, 2016). Statuary laws helps in providing safety to
the citizens of the country.
P2 Government duty in making different laws
Government legislation brings new rules in the form of bill. The process starts from the
House of Lords and House of Commons. Different stages involved in passing the bill and
approving it as final laws are defined as follows:
First reading:
In first reading, the topic of bill is read at the House of Commons.
Second reading:
In second reading stage, the bill's amendments are discussed and debated by the members
of House of Commons. Further, MPs vote for the bill's principle if they are found to be
controversial. If all the members agree on the amendments of the bill, then it will be passed to
House of Lords.
3

Committee stage:
At this stage, the bill is read by committee members and they propose different changes
and amendments. The committee is of 20 MPs and each member involve in providing their
suggestions (Egan and Guimarães, 2017).
Report stage:
In this stage, the modifications of the bill are reported and it is reviewed by all the
candidates. Other members which were not involved in previous stage are also allowed to give
their views and opinions on the bill.
Third reading:
Voting is done by all the MPs and they are allowed to make final changes in the bill.
House of Lords:
The bill is the passed to House of Lords where further changes are done by the members
of this house (Epstein, 2016). The changes are made by them and final bill is sent to Royal assent
when both the house members agree.
Royal Ascent:
When the bill is approved by House of Lords and Commons then it will be approved by
Royal Assent. It gives his approval by taking advice of ministers.
Explaining how statutory and common law is applied in the justice courts
Common law involve with new decisions which are generally made by judges. Common
laws are also known as case law while statuary laws are called as written laws. Statuary laws are
issued by the governemnet bodies and helps in providing the safety to the citizens. The common
laws are originated from precedents or by judges while statuary laws are passed by government
bodies. There are two different types of common laws. First one is applicable where the
judgements becomes new rules and second is applied where the judges analyse and examine the
existing laws. There are regulatory laws also which are established by different government
bodies.
SECTION 2
P3
a. Employer's legal obligations:
In every organisation, employer and top authority is responsible for providing various
facilities and maintain effective environment between their staff members.
4

Occupational Health and Safety:
According to occupational health and safety act, the organisation has to make different
policies regarding their health, safety and welfare. The aim of this act is to provide health and
safety programs in order to give healthy work environment to their employees (Fowler, 2017). It
is the duty of the employer to provide safety to his employees specially in case of any injury or
major disease. They must facilitate primary aid services in premises as to provide aid securities
to their employees as well as keep the environment healthy and hygienic so that there will fewer
chances of spreading any disease. There must be leave allowance granted to those who are
suffering from life threatening diseases as well as it will be fruitful for other workforce to not get
contacted with such major diseases.
Workers compensation:
Workers compensation act deals with the rights of staff members for the payment of
personal injury. The employer of the company has to provide medical benefhis and salary to their
staff members (Giffin and Lombrozo, 2016). The company has to provide his health related
facilities by properly checking the employees physical conditions. Employee must be paid as
according to their talent and sills they hold. Details of such remunerations which are granted to
therm must be listed in employee's contract and must be under consideration of the worker.
Harassment:
According to harassment act, the organisation is not allowed to put excessive burden of
work on the employees. The company cannot have discriminated among his employees on the
basis of sex, gender, colour, religion etc. There must be total control over the stereotype at work
place. Every employee must be treated as equal and there will not be any inequality in their
duties, payments and departments in which they are engaged.
Equal opportunities:
The employer has to provide equal opportunities and chances to their subordinates. They
have to treat their workers equally so they can be motivated (Haag and Sund, 2016). Further, the
company cannot discriminate his employees on the basis of their colour, religion, working status
etc.
b. Relevancy of employment and contract law upon the business scenario
In the given scenario, the 16 year old girl is working in fast food restaurant. She fell
down due to water which is spread on the floor. Due to slippery floor her hand was fallen into
5

deep fat fryer which consists of oil at the temperature of 360F. She gets inured and sustained
severe burns on her left hand and forearm (Hardman, 2017). On the day of this incident, the
restaurant has shortage staff members. The team leader is focusing on tills rather than monitoring
workplace safety.
The team leader is responsible for this accident as it has to handle the working condition
of his workplace and manage the working of all his team. Further, the restaurant team leader has
to be careful while managing his staff members. The team leader is liable to all these activities.
According to child labour law, no hotel can employ any child in his workplace but this hotel has
given employment to 16 year old girl which is not correct. Further, the food outlet has to provide
proper compensation and medical benefhis to her, but the hotel has not given any medical
facilities to girl. According to health and safety act, it has to provide safety measures to his
employees (Hassan, Yusoff and et.al., 2016). On the other hand, team leader of the food outlet is
working on tills rather than workplace safety.
The contract must hold all the details regarding employer, employee the duration of
contact as well as kind of duties which are going to be performed by the employees on this
assessment. There must be detailed information regarding the pay-offs granted to employees as
well as their working hours and norms of organisation. Employees can file suit against the
employer for not providing health and security cover.
Impacts of regulations legislations and standards
The food outlet does not have made proper rules and regulation towards the safety of
their employees. It leads to poor management and relationship among the employees. Further,
the team leader is liable for mismanagement of the hotel and due to which it is facing the
problem of high turnover problem of employees. The hotel has to develop strong health and
safety policies to develop confidence and trust towards the hotel company. There will be
favourable impacts over operational activities of the organisation in context with employee
welfare. It creates the discipliner environment at the workplace as there will not be any
stereotyping and inequality between workforce and they will be able to perform without feeling
any harassment. There has been impact of laws of employee welfare and employee remuneration
which benefited them in file a suit against organisations and the professional who are working in
it.
6

SECTION 3
P4. Legal solutions for the business problems
In the case 1, Calvin is a designer and working in fashion house from last four years.
Dunna is his employer and she arrived on Monday early morning and found that Calvin is
working some distrustful activity. His employer Donna immediately check her cash box and
found that some cash was missing from it. She immediately blames Calvin and terminated him
from his job. She did not check other four employees which are working at that place. She
shouted on him as she did not want any thief in her workplace and dismissed Calvin.
Legal solution of this business problem is that, Calvin can raise his voice against his
employer Donna according to harassment act. Calvin can file case against her and get back his
job and other rights. According to harassment act, the employer will not harass his employees
and consider them as thief without searching proper reasons (Kanagaretnam and et.al., 2016).
Further, Donna cannot discriminate Calvin with other employees on the basis of their working
status, caste, colour etc. It has to treat all his staff members equally.
In case 2, Dan who is the father of Kelvin is running it own small convenience store but
unfortunately fire destroys his store completely. Then he open another store in nearby location
and decided to apply for fire insurance. Dan went to the fire insurance company and applied for
it. It has replied 'no' in the front of the question have you made any claim on an insurance policy
in last two years. He answered no because he thought that his previous claim is two years older
but actually it was 23 month old. After some time, he suffered great loss as fire has damaged his
new store. Further, fire insurances company has refused to pay the amount.
Legal solution of this business can be that Dan can file case against the fire insurance
company according to rules and regulation which it promises to their customers (Kingston, and
Oke-Chinda, 2017). The organisation has to provide proper compensation to his customers in
case of any misshapenness so that they can trust on them.
Laws were made to solve the problems and giving the optimum judgement on the basis of
case. There were various rights and regulations are awarded to the employees as well as
employers to make the favourable suit against their problems. Whether it is related with the
remuneration offered to employees or the unauthorised termination manner.
7

P5. Justifications of the legal solutions
In the first case, Calvin can get his job back if it fights for his rights and can take help of
harassment act which protects employees from any ill-treatment from the company. Harassment
act will help him to resolve his case and get back the job. It forces the company to treat his
employees equally without discriminating them. This solution is justified as it will provide all the
rights to the employees and help them to face challenging behaviour of the organisation
(Lebedeva and et.al., 2016).
Donna has terminated Calvin though four other employees are working in her company.
She did not examine any of them and directly dismisses Calvin. Therefore, Calvin can raise his
voice by using harassment act of the government and force his employer to pay him and allow
him to work in his workplace.
In second business scenario, the fire insurance organisation has to provide all the benefhis
of the claims to Dan as he has applied for his policies. Further, Dan can file his case against the
company as it has full right to take benefit of the policy. This business solution is justified as
Dan has legal right to achieve all the benefhis according to company's rules and regulations
which promises to provide all the benefhis of the customers policies.
In another scenario, Dan has raised his voice against the insurance company by filing the
case against fire insurance company. Dan has to suffer loss as he has having fire insurance for his
store. Therefore, the company is liable for not providing the pay for claim. According to
government policies and laws, the organisation has to provide appropriate revenue for the
customers which suffers from fire accidents
M3. Positive and negative impact of legal business solutions:
Business legal solutions helps the employees to safeguard their rights and take
advantages of their actual rights. It helps the workers to get proper wages for their work, and
treated equally in the organisation. Advantage of equality act is that it brings unity among the
workers and encourages them to increase their confidence (Okubo, 2016). Further, health and
safety act will provide healthy measures and medical help to the employees which boost up their
confidence and trust to fight against wrong policy of the organisation.
Negative impact of these acts is that they give more independence to the employees to
misuse the opportunities of the company. The subordinates and staff members of the organisation
take advantage of the various policies of the company in negative way which created disputes
8

and other affects the effective environment of the company (Ozawa, Shmueli and Kaufman,
2017).
D2. Critical review and determination of legal solution as compared to legal advice
Legal solutions are better than legal advice because legal solutions helps the employees
to take advantage of their rights. On the other hand legal advice may sometimes fails to provide
effective solution to employees in critical circumstances. Further, legal solutions adopted by
Calvin and Dan helps them to regain their loss of job and money (Park and et.al., 2016). They
can take help of harassment act and business legal laws to raise their voice against their
employers and company. Legal advice may sometimes misguides the employees and proves to
be dangerous.
SECTION 4
a. Alternative Dispute Resolution
This is conflict resolution process which is developed for disagreeing parties to settle on
one common solution. It solves the disputes of two conflicting parties by taking help of third
party. This method is widely gaining the popularity in traditional courts and other companies.
ADR has different benefhis like it is the best suitable for different parties disputes, speeding
settlements, provides practical solutions. It also helps in maintaining various risks and
challenges, confidentiality and many more. There are different types of Alternative dispute
resolution but mainly arbitration and mediation process are considered (Philips, 2017).
9

Arbitration process:
In this process, two conflicting parties tells their problem to the third party known as
arbitrator to resolve their conflicts. This process is mainly used by the parties which wants quick
resolution and want to settle on the particular solution. The decision of arbitrator is considered as
final and both the disagreeing parties have to accept the decision of arbitrator. Third party listens
the evidence in the meeting which was conducted either in informal setting or office (Partington,
2016). The basis on which the decisions are made are parties previous agreements or federal
arbitration regulations. The arbitrary can make decisions according to the rules of evidence and
appropriate remedies.
Mediation process:
Mediator is voluntary process in which the conflicting parties can take help of neutral
third party to resolve their disputes. Decisions are taken by parties hiself without any mediator or
third party. In this process, conflicting parties takes their decisions by themselves after listening
the suggestions of the mediator. The mediator understands the problems of the parties and tries to
explain the root cause of dispute (Png, 2017). It also helps them to reach on mutually satisfying
10
Illustration 2: Different types of Alternative dispute resolution
process
(Source: Alternative Dispute Resolution, 2017)

solution. This process is mainly helpful in those cases in which the disagreeing parties wants to
settle on one particular solution without breaking their effective relationship.
b. Alternative legal solution to the business problems
In this business scenario, Awton and Tyrell are the owners of two big companies and are
have disputes among them. Awton is running large investment firm and Tyrell have computer
software company. Both the owners want to settle on one solution without destroying their
working relationships. They want to move forward in making business agreements without
losing their relations.
The legal solution of this problem can be mediation process which helps them to find the
solution without affecting their effective relations. They can tell their problems to the mediator
which understands their major issue and guide them to take appropriate decisions. It will
understand the problem of both the parties and guide them by interacting bothy the parties as
much as possible (Romantsev and et.al., 2016). It does not disclose their legal and personal
matters to anybody else which helps the parties to get better solution. This process helps both the
parties to reach on mutually acceptable solution without breaking their working relationships.
Comparing effectiveness of recommendation of two legal solutions
Arbitration is used by the parties which requires instant solution and helps them to
provide appropriate solution to reach the solution. It is voluntary approach in which the arbitrator
makes final decision according to parties previous agreements (Simpson, 2016). On the other
hand, mediation process makes the solution by interacting both the parties with each other and
helps them to solve their problem without affecting their business relationships.
Critically reviewing and evaluating the use of appropriate legal solutions in comparison to
legal advice
The Mediation process is more suitable as compared to arbitration because it helps the
disagreeing parties to meet each other and interact more to find out their solution. It does not
disclose the problem of the conflicting parties to others and helps in making their matter
confidential (Sandrini, 2017). The mediator understands the problem and guide them to take
effective decision to reach on the solution without affecting their working relationships.
CONCLUSION
Summarizing above report, it can be concluded that business laws plays an important role
in making the business operations successfully. English legal system hierarchy level and
11

different levels of making law are considered. Employer's legal obligation in various context are
studied in this report. Legal solutions of different business problems are discussed. Furthermore,
relevancy of employment and contract law in business scenario of 16 year old girls is described.
Suggestions and justifications of legal solutions for different business problems are studied.
Moreover, Alternative dispute resolution process and his benefhis and types are described.
12

REFERENCES
Books and Journals
Anantharaman, D., Pittman, J. A. and Wans, N., 2016. State Liability Regimes within the United
States and Auditor Reporting. The Accounting Review.91(6). pp.1545-1575.
Ancel, P., 2016. Towards a New Model of Legal Education: The Special Case of Luxembourg.
In The Internationalisation of Legal Education (pp. 195-208). Springer International
Publishing.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Eades, D., 2016. Theorising language in sociolinguistics and the law:(How) can sociolinguistics
have an impact on inequality in the criminal justice process. Sociolinguistics: Theoretical
Debates, pp.367-388.
Egan, M. and Guimarães, M. H., 2017. The Single Market: Trade Barriers and Trade Remedies.
JCMS: Journal of Common Market Studies.55(2). pp.294-311.
Epstein, R. A., 2016. From Common Law to Environmental Protection: How the Modern
Environmental Movement Has Lost his Way. Supreme Court Economic Review.23(1).
pp.141-167.
Fowler, S., 2017. Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures,
Legal
Giffin, C. and Lombrozo, T., 2016. Wrong or merely prohibited: Special treatment of strict
liability in intuitive moral judgment. Law and human behavior .40(6). p.707.
Haag, K. and Sund, L. G., 2016. Divorce in the family business: unfolding the legal problems by
learning from practice. Journal of Family Business Management. 6(1). pp.81-96.
Hardman, J., 2017. Some Legal Determinants of External Finance in Scotland: A Response to
Lord Hodge. Edinburgh Law Review.21(1). pp.30-54.
Hassan, K. H., Yusoff, S. S. A. and et.al., 2016. The use of technology in the transformation of
business dispute resolution. European Journal of Law and Economics.42(2). pp.369-381.
Kanagaretnam, K., Lee, J., Lim, C. Y. and Lobo, G. J., 2016. Relation between Auditor Quality
and Tax Aggressiveness: Implications of Cross-Country Institutional Differences.
Auditing: A Journal of Practice & Theory.35(4). pp.105-135.
Kingston, K. G. and Oke-Chinda, M., 2017. To What Extent Can Equity Find Expression in
Constructive Trust under the Nigerian Legal System. JL Pol'y & Globalization.59. p.110.
Lebedeva, T. E. and et.al., 2016. Corporate governance issues and control in conditions of
unstable capital risk. International Journal of Economics and Financial Issues. 6(1S).
Okubo, N., 2016. The development of the Japanese legal system for public participation in land
use and environmental matters. Land Use Policy.52. pp.492-500.
Ozawa, C. P., Shmueli, D. F. and Kaufman, S., 2017. Process design decisions in community-
based collaboration: implications for implementation and collateral social benefhis.
Planning Theory & Practice. pp.1-21.
Park, J. S. and et.al., 2016. Alternative patterning process for realization of large-area, full-color,
active quantum dot display. Nano letters.16(11). pp.6946-6953.
Partington, M., 2016. Introduction to the English legal system 2016-2017. Oxford University
Press.
Png, I.P., 2017. Law and innovation: evidence from state trade secrets laws. Review of
Economics and statistics.99(1). pp.167-179.
13

Romantsev, G. M. and et.al., 2016. Structural and Functional Model of Future Craftsmen Legal
competence Generation during Professional Education. International Journal of
Environmental & Science Education.11(17).
Sandrini, P., 2017. Legal Terminology. Some Aspects for a New Methodology. HERMES-
Journal of Language and Communication in Business. 12(22). pp.101-111.
Simpson, C., 2016. Alternative dispute resolution: The facilitative difference: Utilising the power
of self-determination. Proctor, The.36(4). p.32.
Online
Alternative Dispute Resolution, 2017. [Online]. Available
through:<http://www.taylorlm.com/legal-services-mountain-home-idaho-attorney/family-
law-services/divorce-and-the-divorce-process/step-seven-alternative-dispute-resolution/>.
[Accessed on 10th August, 2017].
Philips, J., 2017. The Mediation and Arbitration Processes. [Online]. Available through:
<http://fresnomediator.com/The_Process.html>.[Accessed on 10th August, 2017].
United Kingdom Law: Legal system, 2015. [Online]. Available through:
<http://ox.libguides.com/c.php?g=422832&p=2887374>. [Accessed on 10th August, 2017].
14