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Business Law: Sources, Role of Government, Impact on Business, Legal Formation of Organizations

   

Added on  2023-01-12

12 Pages5004 Words27 Views
Business Law

Table of Contents
Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Explain different sources of law.............................................................................................3
P2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts....................................................................................................3
M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments..........................................................................................................................4
TASK 2............................................................................................................................................4
P3. Using specific examples illustrate how company, employment and contract law has a
potential impact upon business...............................................................................................4
M2. Differentiate between legislation, regulations and standards to analyse potential impact
upon business..........................................................................................................................5
D1. Provide a coherent and critical evaluation of the legal system and law..........................5
TASK 3............................................................................................................................................6
P4. Explain how different types of business organizations are legally formed......................6
P5 Advantages and disadvantages of unincorporated and incorporated, business with starting
process....................................................................................................................................6
TASK 4............................................................................................................................................8
P6. Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support...........................................8
M4. Compare and contrast different sources for legal advice and support for dispute
resolution................................................................................................................................9
D3. Evaluate the effectiveness of legal solution, legal advice and support for dispute
resolution................................................................................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
Business law is those types of rules and regulations that help in giving legal
stability for establishment of a company. They are those set of provisions
which are mandatory to be followed by all organization for smooth
transactions and dealing. Scopes of such laws are very wider in scope and
cover all legal aspects that are important for formation of an organization. In
the following file thing that are going to be covered is various sources of law,
role of government in law making, impact of different types of law upon
business. Further in the file formation of business organizations of various
types, its funding and management. Also, legal solution with case law is
explained.
TASK 1
Various sources of law
English law legal system is of a very dynamic nature which consist of
various types of laws and rules, which helps in governing individual within an
organization. There are certain sources that are to be followed as they
provide basic framework for laws to be formed. These sources are divided
into two type’s primary and secondary resources (Peterson. and et. al.,
2016). They are explained as follows:
Primary sources: Such sources are the very basic in nature and
contain original content that has not yet been used. These are as follows:
Common law: It consists of those judgments which are passed by courts.
Also consists of facts, issues, decision and laws that have been used in a
particular case. All these are prepared under a report known as legal report.
Doctrine of judicial precedent is followed in UK under which cases related to
laws are concluded as per previous judgments passed.
Legislation: In this source two houses are there, House of Lords and House
of Commons. Bills are presented in front of these houses in order to enact as
permanent law in UK. This is done for protecting of rights and making society
a safer place to live.(Bird, 2016)
Secondary sources: These are the sources that help in extracting of
information from those primary sources which are in existence. Further it is
explained below.
Legal encyclopedias: These are the most trusted and very well known
encyclopedia all over the world. It gives information about all legal term
present under various laws.
Parliamentary and non-parliamentary publications: These are that
sources which deals with command papers and debates which take place in
the houses of parliament. Reports of such type can be easily found over
official website of government.
Law commission: They are the commission which helps in making a law
more effective. Also helps in covering its flaws and loopholes. Such
commission provides recommendations for making amendments. Judgments
given by them are not at all based.

Textbooks: This is the most effective way of gaining knowledge for all
those law official and students. All this happens because kind of
language used in it is very easy to understand. Variety of authors has
explained various laws in easy manner.
P2. Role of government in making law and applicability of common and
statutory laws
Government has to play an important role for forming law in a
particular country. They help in formation of those policies and plans which
provides a better environment to the people living in the society. These laws
also become a key element for maintaining discipline and order in society.
Role of government in law making is explained below as follows:
Executive role: Role of them is related to making policies that is
implemented to all over UK. Enforcing of legal provision is very important for
managing of law and order. It consists of Queen, prime minister and other
members of cabinet (Allen. and et. al , 2016).
. Legislative role: As per this role various laws have been enacted
that which are presented in the form of bill in the parliament. There are two
types of houses and they are (House of Lords and House of Commons). They
have role of debating over the bill and finally suggesting government if any
changes has to be made. It is their responsibility to help in making bill an
effective law.
Judiciary role: Role of judiciary is very important as it guides, all
existing courts which is falling under various jurisdictions and through its
effectiveness in passing judgments. This helps in covering of loops holes that
are becoming barrier for delivering of justice in certain cases. All judges of
senior most position and higher government officials are part of this.
Statutory and common laws also play a major role in maintaining
balance in society. Both of these laws are very much essential for promoting
smooth justice system in courts. Further explanation about these laws is as
follows:
Common law: In these courts make landmark judgments into a
particular case which helps in forming of base for various cases of similar
nature. Such judgments also help in promoting positive role of judiciary in
giving justice. These laws are known as common law or case study. New
laws formed out of these judgments are base for dealing with other same
kind of situation (Hamad, Elbeltag. and ElGohary., 2018)
Statutory law: These are those concrete forms of laws which help in
giving a strong base for helping in governing of rights and duties of people
living in a country. All the laws are formed by legislative body of a country. A
fixed procedure is followed for passing of bill in the parliament. These laws
later on are applicable all over the country. It forms that kind of legal system
over which various statues and laws are established. Declaration done by
government is very important to be followed by every individual.
M1. Evaluate effectiveness of the legal system as per recent reforms
Laws of UK gone through lot of changes and many flaws are still left
unnoticed. Modification done into the field of law is able to moderate crimes

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