Business Law - Structure of English Legal System
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Added on 2020-07-23
Business Law - Structure of English Legal System
Added on 2020-07-23
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Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Structure of English legal system and different sources of law.............................................1P2 Role of government in law making and justice system.........................................................2TASK 2............................................................................................................................................3P3 Impact of law on business organisation.................................................................................3TASK 3............................................................................................................................................4P4 Legal solutions in unfair and wrongful dismissal under Employment Rights Act 1996. ....4P5 Justification for the solutions ................................................................................................5P6 Appropriate legal solutions for alternative legal advice........................................................6CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTIONEnglish Legal system is necessary for reducing the false attitudes towards religion, caste,and other well beings. The structure of English legal system is hierarchical from supreme courtsto lower court. The various sources of laws have been detailed in this report. Some health andsafety acts and employment rights act with the help of scenarios have been detailed in report. Tocome into mutual conclusion, work of alternative disputes resolutions concepts and benefits havebeen detailed below in this report.TASK 1P1 Structure of English legal system and different sources of law.Structure of English legal system:Legal system indicates about certain rights andresponsibilities towards procedure executing in various ways with enforcement of law. The typesof law are civil law, religious, and common law. The English court is in hierarchical structure,and the decisions taken in higher court binds other court which are below to it. House of Lordsare at the top hierarchy known as supreme court, by binding the other courts below it. Supremecourt of UK is considered as the highest court and decisions taken in it binds lower court.Domestic courts does not bind the decision of European court of Human Rights (Allen, andKraakman, 2016). Supreme court split into Civil court and Criminal decisions, which binds otherlower court. The decisions are overruled in case of conflicts between previous decisions. Thisoverruled of decisions is done by House of Lords of supreme court as they are the superior. Highcourt has three Divisional Courts, which follows the jurisdiction of mainly appellate. High courtdecisions are bound by Court of Appeal and Supreme court. Different sources of law: The following are four different sources of law that are detailed.Common law: Law of precedents is another name for common law, which is also themain component of English law focus on decisions developed by courts and tribunals.This law does not make by judge but they interpret it. This law provides some confidenceas it focus on past decisions and conflicts of disagreement between parties. The barriersarise as the decisions are flexible when the Supreme court involves by overruling thedecisions (Role of government in law making and justice system 2018).Statutory law: Law by governing the people's behavioural trend which is written bymunicipality also called as Statutory law or written law. This law is in form of code aswell as short and well organised as per subject (Appleman, Appleman, and Holmes,1
2015). It affects only small population also called as private law. The need of private lawarise as it explains treatment for circumstances and situations in short.Statutes: This is prominent aspect and component of English law. As, the English law islimited by judicial capacity in changing times. Statutes provides ability to parliamentabout the existing circumstances in changing times. To pass this law majority of membersvote for it. Government branches of Administrative go through the law with the limitswhich are set by statutes.European Union law: The treaties for European union if founded by European Unionlaw. In Metropolitan cities the work of legal system that are to be governed, thisprovision is provided by treaties to European Union institutions. Legal acts are adoptedby European Union to achieve its objectives. This law is considered as secondary as ithelps in decisions, recommendations, directives which constitutes the legislation ofEuropean Unions.P2 Role of government in law making and justice system.Role of government is important for making of law which is passed with a proposal inparliament. Laws are formed by focusing on the problems of society. Government before cominginto ruling party they inform about the formation of law by addressing the problems including,taxation, education and health. Parliamentary stages helps in considering the recognition,scrutinising the bills which are to be adopted for making law. The following are the preliminarystages and the role of government for law making is explained.First reading: As, the proposal is made for making of law, the title of the bill is read outjust to know about it. Also, it is made available to all the members of the parliament.Second reading: After making the availability of bill to the members of parliament.Peers or MPs go through and starts discussing about the main principles of bill that are tobe taken into consideration (Beatty, Samuelson, and Abril, 2018). The majority of votemade for the bill decides about the next process. In case of controversies the MPs areentitled to vote for or against the bill. Then the bill is moved forward for the vote fromHouse of lords. The House of lords carry forward the bill without voting for or againstthe bill.Committee stage: The members of committees of MPs or peers allow the other membersto go through the bill one by one. The changes and implementations made in the bill are2
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