Law and the Legal System: Sources, Government Role, Impact on Business, Types of Organizations, and Dispute Resolution

This document provides an overview of the law and the legal system, including the different sources of law, the role of the government in law making, the impact of employment, company, and contract law on business, the types of legally formed business organizations, and legal solutions for resolving disputes. It also discusses the effectiveness of the UK legal system and the ways in which statutory and common law are applied in the justice court.

LAW AND THE LEGAL
SYSTEM
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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
LO 1.................................................................................................................................................3
P 1 Different sources of law........................................................................................................3
P 2 Government role in law making and ways in which statutory and common law is applied
in justice court..............................................................................................................................4
LO 2.................................................................................................................................................5
P 3 Ways in which employment, company and contract law has a potential impact upon
business........................................................................................................................................5
LO 3.................................................................................................................................................6
P4 Different types of business organisation legally formed........................................................6
P 5 Ways in which business organisations are managed and funded..........................................7
LO 4.................................................................................................................................................8
P6 Recommend legal solution for resolving the disputes by using example to demonstrate how
part might obtain legal support or advice....................................................................................8
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10
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INTRODUCTION
In legal system there are various types of laws and regulations which is to be followed. The
law direct and guide people and business to act in specific way. Basically, laws are formed by
government and is implied to entire nation. Legislation consists of a structure and procedure in
which all things rules and regulations are mentioned. A law is system of rules which regulate
actions of people and business within a nation. Generally, in most countries legal structure is
divided into 3 that is federal, state and local but is regulated by federal (Iqbal. and Yadav, 2020).
this report will lay emphasis on various sources of law and how UK government plays
significant role in law making. Moreover, report will describe about how different law impact on
business. besides that, it will be discussed on different business that are legally formed. also,
report will explain on how organisations are managed and funded. at last recommendation is
given on solving legal cases.
LO 1
P 1 Different sources of law
Sources of law can be defined as original laws that binds rules helps in enabling any
government so that they can govern their territory. There are many kinds of sources of law in
UK. Some of them are: common law or case law, international treaties, EU law, legislative law
and many more.
Common law: In law making it plays a vital role. It is majorly known as case law. When a judge
rules fact of a particular case, then case law or common law is created (Thirlway, 2019).
EU law: As UK is a part of European Union so sone of the main laws of EU are applicable to
UK. Whenever law of EU and UK comes into picture, EU laws take precedence. In fa t some of
the laws of EU have become a part of UK laws.
Legislative law: Another source of law is legislative law which is created by legislature of act of
parliament whenever new is created. Parliament of UK is one of those bodies that has complete
power of passing any kind of law that can be applied in England, wales, Scotland and Northern
Ireland.
International treaties: International treaties are also a source of law for UK as it helps in
maintaining relationship of UK with other countries. These treaties are a source of international
law which is sometimes applicable to law of UK which further helps in maintaining arrangement
between sovereign regions.
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Effectiveness of UK legal system
Legal system in Woolf reform: This reform focuses upon reduction of cost and time of a court
upon civil proceedings.
Legal system in other reform: other reforms focuses upon construction and technology court,
alternative dispute resolution and mercantile court.
Legal system in law court: this court specializes within despite laws specially related to
excessive public power law.
All the four sources of law help in development of an effective legal system and helps in
bridging the gap between law of all the four countries (Barnett, 2017). Law reforms can be
defied as change in organization of legal systems, covering etc. have been developed.
Applicability of all the laws from different sources helps in increasing effectivity of the legal
system of UK. However, parliamentary procedure in UK has not been developed in the similar
manner as in other countries. It has a specialized system under special committees under a legal
community without with changes within legal system cannot be brought easily.
P 2 Government role in law making and ways in which statutory and common law is applied in
justice court
Role of government in making law is extremely important. Government of UK is divided
into four categories and each of these categories plays a different role in making law. These four
categories have been explained below:
Monarchy: it is one of those categories that has limited power. Monarchy of Britain is head of
nation and all states. They are the one who majorly perform official and ceremonial duties, such
as: parliament opening session, appointing prime minister and many more. It is also responsible
for representing UK in international community.
Executive: it is made up of prime minister, office of PM, local branches of government such as
major of the city and many more (Kyriacou, Muinelo-Gallo and Roca-Sagalés, 2019). Executive
also implement all kinds of bills that are majorly produced within parliament. But there are some
limitations of executives such as their actions are majorly limited to publicity and judiciary.
Legislature: Legislature body of UK is parliament. Parliament of UK is made of two main houses
that are: lords house and common house. This legislature performs various kinds of functions
such as: passing government budgets, laws, authorizing all kinds of taxes, discussing all kinds of
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current issues etc. Other than this there are many other functions that are performed by
parliament of UK.
Judiciary: It is one of the most important categories of government of UK which is made up of
different kinds and level of courts. Out of all the courts supreme court is at the top (Davies,
2020). These courts have an authority of deciding what kind of law will be applied in what kind
of case and if punishment is given to a person under a certain law then duration of punishment is
also decided by them. Judgement given by lower level of court can be overpowered by higher
level of court. Power of judges in United Kingdom is quite high as thy are the one who do not
make law but they are the one who apply a law. This further helps in reducing collection of any
kind of supreme set of laws at a single place.
Ways in which statutory and common law is applied in justice court
Statutory law: these kinds of laws are already passed ad written laws. So, these laws are directly
applied to a particular case by justice courts
Common law: These are those laws that are developed on daily basis so that fictionalization of
society can be avoided.
LO 2
P 3 Ways in which employment, company and contract law has a potential impact upon business
All the three laws i.e. company, contract and employment laws can impact business in
many ways.
Company law: This law majorly focuses upon all kinds of corporations that are formed under
Companies Act, 2006. This act helps organizations so that they can smoothly run their business
without any kind of hurdles. With the help of this Act many regulations are directly applied to
organizations which further helps in reducing overall power of companies (Wang and et. al.,
2016). This act also explains all the stakeholders of the organizations and their rights and duties
towards the organization. Such as top management of the company, director, employees,
customers. In other words, Company law simply helps the organization in explaining complete
process though which organization is formed, all kinds of legal formalities that are required to be
satisfied by the organization and different kinds of laws that are applied to the company ae
explained under company law.
Employment law: It is a kind of an agreement which is made between an employee and their
employer. This agreement consists of some mutual terms and conditions that are acceptable by
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both the employee and their employer. This agreement helps in developing a legal relationship
between both of them and also binds them to the contract with some mutual benefits and rights
for both of them. Not only this, in this agreement some legal terms with breech of agreement
conditions and its consequences for both employee and employer (Hotvedt, 2018). This
employment law can impact legal rights and duties of employee and their employer which can
further impact overall productivity and profitability of an organization in both positive and
negative manner.
Contract law: It is another kind of agreement which is made between two or more than two
parties. These contracts focus majorly upon contract breeching terms and conditions so that
proper legal actions can be taken. Out of all the three laws, this law can majorly impact overall
business of an organization. This type of contract is majorly developed so that business
organization can be protected from any kind of fraud, wrong practices, cheats and many more.
LO 3
P4 Different types of business organisation legally formed
An organisation is a legal framework which is formed to obtain goals and objectives by
fulfilling needs of people. there are different forms of business which operate within a nation.
they are formed in a legal way. the structure of organisation depends on its type and form. It
varies from one business to another. All of them are legally registered as they have to follow
several laws and regulations. this specified their conduct.
Sole proprietorship- this business is owned by a single owner who is responsible for overall loss
and profit. the person takes all decision of business and manage it. Sole proprietorship is easy to
form and start as there is no structure to be formed. The liability of owner is unlimited as he is
solely responsible for loss and debt taken.
Partnership- As name suggest the business is started by 2 people who do agreement between
them. This business is registered under partnership act. The agreement is made on profit sharing,
decision making, and many other things. However, liability of each partner is limited in it on
basis of investment made by them (Wilkins, 2020).
Private company – Here, business is started by group of people. it is having a proper structure.
The company is registered by share of stocks. in this liability of stakeholder is limited. Moreover,
stakeholder elect BOD who form goals and objectives. The company does not dissolve when
ownership changes as it is transferred to other.
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Limited liability company – it is having feature of both partnership and company. they are not
incorporated as owner is having limited liability. It can be either a sole proprietorship,
partnership etc. However, there are 4- 5 people in it.
non profit organisation – this is business whose purpose is not to ear profit but to contribute
towards society. They are formed by government or individuals. In this law applied differ from
one which is applied in normal business. they run via funding given by people.
P 5 Ways in which business organisations are managed and funded
There are many kinds of business management practises but it different from one type of
business to another. Decision making and funding’s plays a vital role in management of a
business organization.
Partnership organization: If it is a partnership organization then in such organization decision
making is done by mutual coordination of all the business partner (Moran, Porter and Curth‐
Bibb, 2016). Not only this all kinds of risk and profit is shared by all the business partners. It is
much easy for the partners to fund the business financially which further helps in reducing
liability upon one individual.
Ltd organizations: Different rules are followed by different persons associated with the
organizations. Stakeholders of this type of organizations are the one who manages business and
are liable to pay taxes and manage all kinds of business operations.
Sole proprietorship: In this type of organization all kinds of risk is managed by a single person
and have unlimited liability. They can raise capital and finance but cannot sell their interest.
Fund management for business organizations
 Person funds is one of the most common way with the help of which funds can be raised by
business organizations i.e. business owner can rise their own funds that can be used by
business organizations.
 Bank loans is another way with the help of which funds can be raised. It is one of the best
ways of raising funds that further provides security and tax benefits (O’Brien, O’Neill and
Pike, 2019).
 Third type of fund management way is angel investors. These are those investors that invest
within a business with high return rate. It is another common method that can be used as an
option for raising funds because in case of failure there is no need to make returns.
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LO 4
P6 Recommend legal solution for resolving the disputes by using example to demonstrate how
part might obtain legal support or advice.
According to scenario, it has been identified that dispute between David and other partner
during the Book face project. He was unable to do payment when other people work in the
current project. In this way, it has develop the disputes among people. In this way, it has
recommended that legal solution which easily resolving the problem or issues (Goldberg, Sander
and Cole, 2014). Sometimes, it would be required to adapt the legal solution it is based on the
legal service that always defend the right to extend of legislation. In order to improve the dispute
among people in related contract.
Furthermore, it has recommends that consider mediation which consider as legal process in
which help with communication and promote reconciliation between both parties. It allows them
to reach on the mutual acceptable agreement. It often in another step if negotiation process
become unsuccessful during communication (Goldberg, Sander and Cole, 2014). It is based on
the court out of method which occurs on the basis of mutual understanding. If in case these type
of dispute happen which require to consider initial step in context of agreement.
According to case study, the contracts have a certain clauses which require that dispute
arising out of particular contract. It may have seen such type of provision so as required to apply
in quickly manner (Goldberg, Sander and Cole, 2014). If both parties are agree to arbitrate or
sign on contract in project development. It should require to understand and make final decision.
It has suggested another litigation process which mainly used of court, civil justice in the
dispute resolution. It can be used the compel opposing party to participate both parties in the
solution. In this process, it will b including the legislation, rule of procedure, discovery and also
presenting the evidence (Goldberg, Sander and Cole, 2014). Furthermore, it has proceeds to
examine the issues between parties with each side. If the parties cannot agree with the settlement
either judge. Afterwards, they will decide the dispute for through trail basis.
CONCLUSION
From above discussion, it concluded that Business law encompasses with legalization
that dictate how to form and run the organization. It may include the suitable legislation that
always govern how to start, manage and close the process. In this way, organization use to
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establish the legislation and follow the different activities. The report has summarized about the
different source of law, government plays important role for making legalization and applied on
the basis of justice courts. Furthermore, it has identified that there are significant law such as
employment, contract which has potentially impact on the business. Especially when business
can be formed in the legally and manage the entire business activities. However, it has been
discussed about the recommendation solution which always supports for resolving dispute. In
order to provide the equal right of employee where they can use in the organization.
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REFERENCES
Books and journals
Iqbal, B.A. and Yadav, A., 2020. Copyright and Intellectual Property in Digital Business: Issue
of Protection and Retrieval of Investment in Intellectual Creation. In Digital Business
Strategies in Blockchain Ecosystems (pp. 555-567). Springer, Cham.
Wilkins, A., 2020. Academisation and the law of ‘attraction’: An ethnographic study of
relays. C. Kulz, K. Morrin and R. McGinity.
Goldberg, S.B., Sander, F.E. and Cole, S.R., 2014. Dispute resolution: Negotiation, mediation
and other processes. Wolters Kluwer Law & Business.
Thirlway, H., 2019. The sources of international law. Oxford University Press.
Barnett, H., 2017. Constitutional & administrative law. Taylor & Francis.
Kyriacou, A.P., Muinelo-Gallo, L. and Roca-Sagalés, O., 2019. The efficiency of transport
infrastructure investment and the role of government quality: An empirical
analysis. Transport Policy. 74. pp.93-102.
Davies, P., 2020. Introduction to company law. Oxford University Press.
Wang, F., and et. al., 2016. Converging divergence: the effect of China’s Employment Contract
Law on signing written employment contracts. The International Journal of Human
Resource Management. 27(18). pp.2075-2096.
Hotvedt, M.J., 2018. The contract-of-employment test renewed. A Scandinavian approach to
platform work. Spanish Labour Law and Employment Relations Journal. 7(1-2). pp.56-
74.
Moran, M., Porter, D. and Curth‐Bibb, J., 2016. The impact of funding modalities on the
performance of indigenous organisations. Australian Journal of Public
Administration. 75(3). pp.359-372.
O’Brien, P., O’Neill, P. and Pike, A., 2019. Funding, financing and governing urban
infrastructures. Urban Studies. 56(7). pp.1291-1303.
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