Business Law English Legal System : Essay
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Added on 2020-07-22
Business Law English Legal System : Essay
Added on 2020-07-22
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Table of ContentsINTRODUCTION...........................................................................................................................2TASK 1............................................................................................................................................2P1 Different sources of legislations that are to be complied by organisation ............................2P2 Role of government in development or creation of law ......................................................3M1 Effectiveness of English legal system in terms of recent reforms and development..........4TASK 2............................................................................................................................................5P3 Effect of Employment and contract law on business............................................................5M2 Differentiating and analysing the potential effect of standards, regulations andlegislations...................................................................................................................................6TASK 3............................................................................................................................................7P4 Appropriate legal solutions for business Problems...............................................................7P5 Justification for the utilisation of appropriate legal solutions...............................................9TASK 4............................................................................................................................................9P6 Explaining the legal system in Italy.......................................................................................9CONCLUSION.............................................................................................................................11REFERENCES..............................................................................................................................121
INTRODUCTIONThe law which is applicable to various business situation is known as business law. It islegislation that is related to commerce as business norms deals with various aspects ofentering into purchasing and selling of goods or services. Business legislation is the part ordivision of legislations that deals with legal duties, rights , responsibilities of parties who areinvolved in business contract or transactions. It also involves the study of legislation of contractwhich is essential in agreement that includes two or more parties engage in buying as well asselling of products or services. Objective of business law is to clearly defines the roles as well asresponsibilities , duties and legal obligation to parties involved in purchase or sells of goods.The purpose of report is to develop the understanding about several sources oflegislation that are essential to be comply by organisation operating within country..TASK 1P1 Different sources of legislations that are to be complied by organisation The organisation operating in UK has to comply with the several laws that has beendeveloped by parliament or government in the country. All the legislations and norms arecreated according to the English legal system. This legal system has its own procedures andcourts. The law in the English system are to be followed or considered by the companiesoperating their business in England and Wales. English legal system has hierarchical structure inwhich the decision made by the supreme court is binding upon all lower courts. In this legislativesystem , supreme tribunal is the legal authority after parliament who has authority to makedecision related to approval of bill for implementation in the country. The purpose of thesenorms developed by government is to ensure fair trade practices and restrict unethical businessoperations. In English legal system, at top of hierarchy , there is appellate tribunal which haspower to make major decision after the supreme court. This legislative system consists ofvarious divisional tribunal such as family court, civil, criminal division etc. But these courts arerequired to follow the decision made by supreme court (Vanhala,2018) The administrative courtis the part of Queen bench division in the English legal system. This legislative body associatedwith claims of judicial review. In English legal system civil and criminal division are theimportant branches. The role of barrister is to deal indirectly with the client and provide themwith legal advice. It is the duty of barrister is to act as the representative of parties in tribunal.2
They are responsible for presenting the cases or evidence on behalf of parties in front ofmagistrate barrister receives additional training in evidence law, ethics, and court practice andprocedure. Solicitors are the person is to directly communicate with the parties and provide themwith legal solutions. Function of barrister to act as instructor of a senior solicitor. It is duty ofsolicitor to prepare draft and collect all legal document that are to be presented before magistratein the court. The uniqueness of this legal system is that it does not have unified code.The various sources of law in English legislative system are:Common law-These are the general norms that are to be followed by the organisations dealing indifferent industries. It is the legislation that has been developed from the judgement made by thetribunal in previous cases. This the major source of various norm in English legal system.Statutory legislation-These types of laws has been originated by act of parliament. Theselegislations are not intentionally created by government or parliament.Human right-It is the norm developed by the European Union with the intention to protect aswell as prevent the right of employees from exploitation by employer at workplace.Equity legislations- These are the specific principles or standards on the basis of which thevarious judgement are made by the magistrate in the court.European legal system- Many of the legislation in the English legal system are influence by theseveral laws in English legal system. While some of the norms in the legislative system areformulated by the government of European Union. Before Brexit these norms were followed byUK. But after Brexit, UK government has planned to create its own legal norms as per therequirement of people or organisation operating within the country (Christensen, Onul andSingh, 2018)P2 Role of government in development or creation of law The legal authority in the country has responsibility to provide healthy and safeenvironment to people. In addition to this function of government is to identify the variousissues faced by the people or various industry in the country and provide them with legalsolutions. It is the duty of government in law making to represent the interest of local people infront of parliament. The function of legal body is to recognise the appropriate solutions to theproblems faced by the organisation or people in the country. It is required by government toprepare draft that are to be presented before the members in the parliament. Then after the3
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