Structure of English Legal System and Different Sources of Law (Doc)
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Added on 2020-07-23
Structure of English Legal System and Different Sources of Law (Doc)
Added on 2020-07-23
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1P1 Structure of English legal system and different sources of law.............................................1P2 Role of government in law making and application of common and statutory law in Justiceof court........................................................................................................................................1SECTION 2......................................................................................................................................1P3 a) Employer legal obligation..................................................................................................1b) Employment and contract law in accordance to business scenario........................................2SECTION 3......................................................................................................................................3P4 Legal solutions for each business problems...........................................................................3P5 Justification for chosen solution............................................................................................4SECTION 4 .....................................................................................................................................4a) Concept and benefit of Alternate dispute resolution process..................................................4b) Recommendation of appropriate ADR method to resolve business problems.......................5CONCLUSION................................................................................................................................6
INTRODUCTIONBusiness law plays crucial role in managing employees function, practices and policies inan organisation. It assists the enterprise in establishing positive and effective work environmentkeeping mind importance of equal opportunities, employment rights, employment protection actand health and safety measures. Further, the report will evaluate the structure of English legalsystem and sources involved in it. Apart from this it will evaluate the role government in lawmaking process and different case scenarios and supporting legislations. Thus, report will outlinethe process of Alternative dispute resolution and the implication of its methods in differentbusiness scenarios. SECTION 1P1 Structure of English legal system and different sources of law.English legal system plays very crucial role within the country through which country'scitizen can carry out their activities in secure manner. It is a common law of England and Walescomprising mainly criminal law and civil law. In the structure of the English legal systemincludes Wales and England and it has hierarchical structure. In this hierarchy supreme courthave position on the top level and all decision takes by this court (Beatty, Samuelson and Abril,2018). The decision which takes by the supreme court have to be followed by other court in thecountry. House of the Lord is another name of supreme court and it is bound only from itsprevious decisions. After the supreme court, appeal court positioned in the hierarchical structureof English legal system. Both courts decision are to be followed by the lower courts. If supremecourt decision is overruled then it is required to the appeal court to comply with the conclusionmade by the superior court (Vanhala, 2018). The criminal and civil court are two major part inthe structure of English legal system. High court have major three divisional court and all rules,legislation , principles are to be followed by divisional court which have followed by the highcourt. After the high court, crown court is positioned in the hierarchical structure. In the lowerlevel of the English legal system several lower level court are consisted.As discussed there is a systematic structure of the English legal system through whichvarious courts are established for taking fair decision. There are several sources of somelegislation in the English legal system- I)Statutory legislation- The act of parliament developed the Statutory law and members ofthe parliament have right to make modification and changes in the regulation. Several1
activities of the people and business operation are considered in the legislation includesseveral articles and section (Christensen, Onul and Singh, 2018) With assistance of thislegislation and regulation, corporation can easily carry out their business activities andoperation in more secure and safe manner.II)Common law- The seniors appellate have authority and power to take decision of theparties who involves in the conflicts (Scott, 2018). It is major source of the English legalsystem under which legislation can develop on the basis of the previous decisions. Alllower level court have to be followed the decision which made by appellate authority.III)European convention of human rights- The major objective of this legislation is toprotect the human rights in the organisation. It is the major legislation which isinfluenced by the legislative system in the European union. With help of this law, citizenas well as employees can protect themselves from the illegal and unethical activities(Neubauer and Fradella, 2018).P2 Role of government in law making and application of common and statutory law in Justice ofcourt.The major aim of the law making procedure is to protect the country's citizens andemployees within the organisation who have faced the conflict situation. In order to protectindividual and protect them by their right, law making procedure can conduct by the legalauthority. This procedure starts according to the issues and problem faced by the citizen andcorporations in the country (Guerrina and Masselot, 2018). Legal authority identifies the problemin the first stage. Once the problem has been identified legal authority analyse the appropriatesolution for the same matter. Legal authority creates the proposal which consisted with problemsand issues. In the third stage, legal authority prepared the proposal and presented to the lowercourts in the states. While at the lower level, offers approved by the authorities then this proposalwill automatically convert into the bill. This bill will present in the upper level authorities suchas high and appellate courts by the government. While the bill gets approved by the high andappellate court then it should be forward for first reading in the parliament or house of common.First reading- Once the first reading accomplish then modification done according to thefeedback and suggestion that is given by the member in the house of common (Trad and Kalpić,2018).2
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