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Different Sources of Law in English Legal System

   

Added on  2023-01-13

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Business Law
Different Sources of Law in English Legal System_1

Table of Contents
INTRODUCTION.......................................................................................................................3
TASK 1........................................................................................................................................3
Different sources of law used in English legal system.......................................................3
Effectiveness of legal system and roles of government in making laws............................4
TASK 2........................................................................................................................................5
Different types of organizations and ways of funding and managing................................6
Difference between legislation, regulations and standards by analysing impacts of
employment, company and contract law in business.........................................................8
TASK 3......................................................................................................................................10
Legal solutions for resolving different types of disputes.................................................10
CONCLUSION..........................................................................................................................13
REFERENCES..........................................................................................................................14
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INTRODUCTION
Business law can be defined as a body of law which mainly governs businesses. It is
mainly considered as a civil law whose main aim and function is to deal with both private and
public issues (Miller, 2016). This law regulates hiring practices, corporate contracts etc. This
study is going to show some different sources of law under English legal system which deals
with different entity and matters. The main aim of all types of sources of business law is to
support businesses in order to smooth and effective working. Some acts which are being
shown in this study include: company law, tax law etc. Further, it will also show roles of
government in making as well as applying laws. Process of making law is not an easy task
because it consists of several steps which is time-consuming. Different types of laws such as
employment and contract laws which impact on the performance and effectiveness of
business. Rather, all laws, there are several types of organizations like partnership, sole
proprietor whose formation and funding differ as per the laws and regulations. This study
shows steps involved in the formation and funding of different types of organization. Lastly, it
will show some solutions and ways of solving different types of disputes as per laws.
TASK 1
Different sources of law used in English legal system
English law is the common legal system of Wales and England which consist mainly
criminal and civil law in which each branch has its own separate process and courts. Under
this legal system there are several sources of law which are developed for protecting
companies and people against any crime and other illegal acts. It is mainly being divided into
2 parts such as primary and secondary.
Primary sources of law include: Legislation (Acts of parliament) and case law
Secondary sources of law include: Opinion of legal experts, decision made by courts etc.
Some sources of laws are being discussed below:
European law: This law is mainly applicable for 28 countries which are members of
the European Union. This main source oversees and look after all laws of its member country
and it covers not only one part but all aspects of different types of business. In this regards to it
can also be said that the main decision is being taken by the EU law at the time of conflicts
arises between national and EU law (Faull, 2018).
Different Sources of Law in English Legal System_3

Common Law and Statute: It is the main source of law. It is a common law which is
being developed by the government for applying it common to the whole country. In this type
of source of law decision is being taken by the government on the basis of the previous case
which has already been held. But this common law or source of law can be applicable only
those present cases which are similar to those which has already been held. In this context it
can be said that the legal system of England and Wales is a common law.
Act of Parliament: It is also known as primary legislation which has the main
authority and right to make or create law as well as making some changes or amendments as
per the changes in business environment. It puts the act into force, changes to acts and finds
texts of acts. The main aim of this law or source of law is to support to the general public as
well as make them aware about their rights as per the law (Thomas and McGourlay, 2017).
Criminal law Vs Civil law
There are some differences between civil and criminal law which separates sets of laws
and punishments. Criminal law is the body of law whose main function is to deal with
punishments and crimes of criminal offense. Whereas, civil law mainly solve disputes occur
between individuals and organizations. Some examples of criminal law include: robbery, theft,
murder, trafficking etc. Examples of civil law include: property disputes, child custody etc.
Civil laws are being filed by private party and being appealed by either party (Gárdos-Orosz
and Nagy, 2018).
On the other hand, criminal laws are being filed by government and appealed by
defendant only. The main common thing between 2 laws is both deals with those people and
organization who committed anything wrong against others. Civil laws are being settled by
private entity outside of the court room.
Effectiveness of legal system and roles of government in making laws
Government of a country plays an important and vital role in making as well as
applying laws. There are mainly 3 functions which are being performed by the parliament
worldwide and government such as: Representing citizens interests, pass laws and monitoring
actions of laws. Law is being drafted in the form of bill. It is known as a bill until it is being
approved by all other authorized entities. This bill, developed by the government has all
necessary and detailed informations which requires to be added in an existing law. After
drafting this bill, it is transferred to House of Lords where it is being read firstly. All members
Different Sources of Law in English Legal System_4

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