BUSINESS LAW - Stages of Lawmaking

BUSINESS LAW
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Contents
Introduction......................................................................................................................................4
Section1...........................................................................................................................................5
P1.................................................................................................................................................5
P2.................................................................................................................................................7
M1................................................................................................................................................9
D1................................................................................................................................................9
Task2..............................................................................................................................................10
P3...............................................................................................................................................10
M2..............................................................................................................................................12
Task 3.............................................................................................................................................13
P4...............................................................................................................................................13
P5...............................................................................................................................................15
M3..............................................................................................................................................15
D2..............................................................................................................................................16
Task 4.............................................................................................................................................17
P6...............................................................................................................................................17
M4..............................................................................................................................................19
D2..............................................................................................................................................19
Conclusion.....................................................................................................................................20
References......................................................................................................................................21
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Introduction
In this report, the aspects of business law are discussed. In the first task, it discusses the law and
object of law. It discusses the English legal system that is separated into two divisions and is
elaborated. The legislature plays a vital role in law making. In second task, it discusses the right
and duties of employer with regard to different legislation such as Health and safety, Equal
opportunities. It also evaluates the impact of these legislations on business problem. In third task,
it discusses the solutions which are provided to the parties in case of business problems. It
evaluates their solution with ADR. In fourth task, methods of ADR has been discussed and
compared and evaluates the solutions provided to the parties.
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Section1.
P1.
Morality and law differ from each other. The inner concise prevents the immoral acts and the
legal acts are enforced by the courts. The court structure has been established which maintains
the transparency in the application of law. The system of court which is there in UK involves the
set role of the lawyers, barristers and judges. There is a fixed number of composition and the
number of judges in the court (Ilex, 2017).
Barristers directly represent the parties to the dispute before the court once the solicitor has done
his part of work by meeting with the parties to the dispute and advising the possible solution to
the problem. The brief of the case will be done by solicitor to barristers. On certain occasions
barristers may be required to present the case before the court of magistrate and he also performs
the task of advising on litigation and the drafting of the documents. The barristers are employed
by the solicitors and they must be exceptional advocates and experts of law. In both civil and
criminal matters the cases are taken up by the solicitor. There are various courts in which
barristers and the solicitors will be required to represent the case.
Court Structure
Supreme Court:
It is the biggest court of country which plays the significant role in the in the development of the
legal system of UK. It also has leading position in developing the common law in the country.
The 12 number judges include the president, Deputy President and the judges and they are
appointed by the Queen. The interpretation of any legal principle or of constitution that is likely
to have major impact on the interest of general public is taken for the decision by the judges of
the Supreme Court. Here the cases are represented by the solicitors (Uky.edu, 2017).
Court of Appeal:
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There is 39 lord justice of appeal and lady justice of appeal. Out of the two divisions Criminal
division is headed by Lord Chief Justice and the civil division is headed by Masters of Rolls.
Appeals of criminal nature are heard by the criminal division and civil appeal by the civil
division. Crown court appeals are made to criminal division and the county court appeals are
made to civil division.
High Court:
There is three main functions of this court which includes the trial of the criminal cases of
serious nature, assisting the lord justices and the important matters which are of civil nature. The
judges of the high court are also known as the read judges because of their colourful dress codes.
Under this contractual and tortious matters are taken up by the Queen ’s bench, family matters by
the Family Court and partnership and company law matters are taken by the Chancery Division.
Crown Court:
The matters of indictable natures are the exclusive jurisdiction of this court. There are three types
of crown courts that exist in UK First-tier centres, Second-tier centres and Third-tier centres.
Magistrate Court:
The cases of violation of the traffic rules, public nuisance cases etc. are the subject matter of this
court. This court has only limited power to grant the punishment as well as the fine (Justice Cite,
2017).
County Court:
The initial cases of civil nature which are not complicated are decided by the judges of county
courts only.
Sources of law:
Precedents: The “ratio decidendi” given by judges on interpretation of law as well as on the
basis of the principles of the equity, justice and good conscience become la for the future cases
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and the same has to be applied in same manner as the statutory law of the parliament. Here the
reason is given by the judges of the court.
Acts of Parliament: It is the Morden source of law and the parliament in UK is leading
lawmaking body. It is one of the organs of the government that is totally entrusted with the
function of making law only.
International laws: Intentional laws that govern the acts of the states at international level when
the transaction takes place among two or more nations. The international laws become guiding
principle of introducing the legal amendment in the home country.
European laws: This was incorporated in UK as law by the European Communities Act 1972.
Therefore it is the legal obligation to follow the EU laws by all courts and people of country on
regular basis to avoid the criminal actions in the court.
Common law: Common law is the source of law which is decided by the judges of the court way
back of years.
Customs: The habitual practices which are in practice uniformly adopted in the whole country or
in any sect of the country will be the source of law and the court decision will be taken in light of
the custom only (Law Teacher, 2017).
P2.
Process of enacting law in country:
Laws are introduced in UK in three distinct ways one is the lawmaking body through
parliamentary process, another is the judicial precedents decided by the judges of court and the
lastly the delegated legislation. When law is made in the parliament then out of the various issues
that require the consideration of the parliamentary member priority is to be set and the most
serious matter is selected to be taken for the making law out of the agenda of the government.
The selected issues will be taken for the white and green paper process where the comment from
the interested persons will be taken (Parliament.uk, 2017).
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