Essay Business Law English Legal System
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Added on 2020-07-22
Essay Business Law English Legal System
Added on 2020-07-22
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1P1 Structure of English legal system and different sources of law which are necessary for theorganisation to comply...........................................................................................................1M1 The effectiveness of the legal system..............................................................................3P2 Role of government in law making and the implication of statutory and common law incourt........................................................................................................................................3P3 a) Employers’ legal obligations in context to following...................................................4b) The relevant employment and contract law which have potential impact on businessscenario...................................................................................................................................5M2 The potential impacts of regulations, legislation and standards in accordance to scenario.6P4 Legal solutions for each business problems......................................................................6P5 Justification for each solution...........................................................................................7M3 The positive and negative impacts of legal solutions to the business problems..............7P6 a) Advantages and concept of implementing ADR process..............................................8b) Recommendation of Alternative Dispute Resolution method according to analysed businessproblems.................................................................................................................................9M4 The effectiveness of two different recommendations......................................................9CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................11
INTRODUCTIONBusiness law acts as tonic for an organisation as it enables various workplace rules andregulations which assist the companies in providing satisfactory working environment toemployees and establishing stable functioning of business operations (Lieberman and et.al.,2016). The report will evaluate the structure of English legal system and the laws which areenforced by government and is mandatory for enterprises to comply such as health and safety,human right law etc. Further, it will outline the employer legal obligations for workercompensation, harassment and many more factors. Moreover, it will determine various businessscenarios and legal solutions to their problems. Thus, it will analyse the concept of AlternativeDispute Resolution (ADR) process which assist people in sorting their issues out of the courtwith the help of third party.P1 Structure of English legal system and different sources of law which are necessary for theorganisation to comply.The English legal system is based on two major laws that is Civil and Criminal. Noindividual has the right to make amendment in legislation as the guidelines are framed by UKgovernment and justice system to protect public and constitutional importance. The acts andregulation are enforced to suggest court the appropriate punishment for the unlawful and wrongactivities. Further, in this system the ultimate and final decision-making power is in the hands ofSupreme Court whereas there are various courts who proceed the case and make judgement thatis court of appeal, crown court, county court, magistrates and tribunals. The English legal systemcomprises:Civil laws: Civil laws are enforced to resolve disputes of two parties like suppliers andcompany, employees and firm, customers and enterprise etc. This handles cases like misleadingof information, frauds, cheating, unethical practices etc. Thus, the civil cases are handled bycourt of appeal, county courts and high court.Criminal laws: These laws are enforced to protect the interest of people who are accused,offended or found abiding the rules and regulation which are mandatory to be followed. Court ofappeal, crown court and magistrate court are responsible for handling criminal cases. 1
Hence, parliament has the authority of amend legislations the per changes in criminal andcivil activities in country. The legal framework of country is described under:Legislation: Legislation states when the members of parliament brings the topic inconsent which is related to large group of population. The government ensures that the consent isviable and is of public interest. It needs three-four reading to convert bill into a provision.Case laws: Case law is formulated in order to provide clear framework of provisions byparliament. It assists in preventing errors and misinterpretation of information. In thisgovernment frames regulations keeping in mind the changes in crime and civil activities ofcountry (United Kingdom Law: Case law, 2015). Apparently, all the amendments in case law aremade with the prior approval of parliament.Laws by European Union: The legal framework of UK is influenced by European unionlegislation which assist the country in framing appropriate regulation especially with regard toprotection of human rights (Harbo, 2010). However, now the separation of EU law from UK lawwhich is termed as Brexit has hindered the entire framework of UK human right regulationsbecause now the country is responsible for framing its own regulation for protecting humanrights.2Illustration 1: Structure of ENGLISH LEGAL SYSTEM
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