English Legal System and Law Assignment

This assignment delves into the English legal system and law, exploring its influences from European law. It discusses the objectives of criminal and civil laws in reducing crime and resolving business issues. The report also examines various dispute resolution mechanisms, such as arbitration, mediation, and solicitors, as well as neighbour advice centres and citizen advice offices. A conclusion is drawn on the importance of fair and ethical practices in business and society.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1 Sources of legislation that the enterprise need to comply .....................................................1
M1 Evaluating the effectiveness of English Legal system.........................................................2
P2 Duties of legal authority in law making.................................................................................2
TASK 2............................................................................................................................................3
P 3 Illustrating the way Employment and contract law have potential impact on Business.......3
Steps that are required to be taken to establish a registered organisation...................................5
TASK 3............................................................................................................................................5
P 4 Providing appropriate solutions for ranges of business problems........................................5
P 5 Justification for the utilisation of appropriate legal solutions...............................................6
TASK 4............................................................................................................................................7
P 6 Recommending solution based on country's legal system....................................................7
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is the significant part of legal system that regulates or control the business
activities. The objective of business law is to assist organisation in solving business issues and to
ensure fair trade practices. Business law consists of some legislation such as Contract law,
employment, civil rules related to manufacturing and other business practices. These legislations
or code of conduct framed by legal authority is required to comply by organisation in order to
continue business in effective and systematic manner. Civil and criminal law are also the part of
English legal system.
The project has focus on explaining the sources of criminal and civil law in English legal
system. It will also highlight the procedure that is required to be followed in order to register a
company. The study have focus on identifying the way statutory as well as common law are
applied in courts.
TASK 1
P1 Sources of legislation that the enterprise need to comply
English legal system is referred to as common legislation that regulates as well as govern
the various laws in Wales and England. It is considered as the among the major European
judicial system. Criminal as well as civil law is the part of English legal system. This legislative
system is highly influenced by European law. Some laws in English legal system are originated
from European legal system while other legislation are evolved from common law. For instance,
Murder is a criminal that will be governed by criminal legislations. Common regulation is
formulated by act of parliament. The structure of English legal system includes laws , common
legislation, and host of other legal standards (Bagley and Dauchy, 2011.)
Criminal law is formulated in order to deal with crime matters with in the magistrate
courts and if the matter is more crucial as well as critical as it is to be handle by Crown court.
Crime is considered as type of wrong doing. Such act by individual has great effect on the
society, For instance murder, theft etc.. Civil law is designed by government to assist
organisation in finding suitable solution related to contracts or other business issues. This
legislation has great impact on the parties in facing industrial disputes. The civil matters are
generally related to the dispute or conflict between two firms, among consumer and retailer etc.
Sources of English legal system
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Every country has several laws that are originated from various sources. The significant
or major sources of English laws are legislation, common law, European Union, and European
convention of human rights.
Legislation – This types of the code of conduct and regulation are originally evolved from the act
of parliament.
Common law- The legislation and standards that are part of English legal system are much
influenced by legislation System of European Union. These types of law are originated from
existing court cases.
Statues- Some legislation and standards are being established and designated by Higher
authorities in parliament.
Statutory law – This types of laws are developed by legislature by the consent of all other
members in assembly (Bodie, Kane and Marcus, 2014.)
M1 Evaluating the effectiveness of English Legal system
The unique features of English legal system with regards to civil law is that this
legislation does not consist of formalisation of codes. The other characteristic of this system is
that the final decision are taken by courts which is based on common law that is considered or
referred to as the major sources of origin of several legislations. The effectiveness of the system
is that decision made by court is fair, reliable and suitable. This system is effective as in this
system the judges in the court are required to comply or agree with the decision taken by the
court. In this system standards and regulation set by supreme court are binding upon all lower
courts. According to this legal system only the magistrate of supreme court has the right to make
changes or amendment in legislation (Cameron,2017)
P2 Duties of legal authority in law making
The house of lords have to play significant role in law making as their role is to highlight
the problems that are being faced by people in the country, identifying suitable solution to
various issues that are being faced by several or majority of organisation, and drafting the list of
solutions. The legal authority is also required to prepare the list of problems and solutions that
are to be presented before the parliament for approval.
The various stages that are involved in law making are explained in detail :
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Bill- The government hires the civil lawyers to prepare draft. The document contains the detail
explanation about proposed legislation. The various forms of bill are private members, public
and private bill.
Public bill have great impact on the whole nation. Criminal Justice Act is the Example of
Public bill.
Private members Bill- Among various private members bill only few are passed by
parliament and converted into Act. Abortion Act is the example of Private member bill.
Private bill-This type of bill is introduced by state government or other national authority.
First reading- After the bill has been approved by local authority at smaller authority. It is
required by Government to present bill for first reading in parliament or house of commons.
Second Reading- In the second reading the legal authority has to present the bill for debate and
has to execute amendment in bill on the basis of feedback or suggestions provided by members
in parliament.
Committee- In this stage the bill is forwarded to the committee members in House of commons
for detail investigation as well as examination.
Report stage- In this stage the legal authority has to present bill for final approval by house of
Lords for final approval. This is step the bill is further debated and voted upon by the house of
lords.
Third reading- In this stage the b\ill is again represented by legal authority for the short debate.
This is the final stage where the bill is accepted or rejected by house of lords (Hartono, 2014.)
TASK 2
P 3 Illustrating the way Employment and contract law have potential impact on Business
Standard:These standards has great value for organisation as it helps the business unit to gain
guidance related to facilitating various practices. It also assists firm in managing various
activities and encourages them to improve the quality of their products and services. These
standards or regulations is required by organisation to be comply with in order to continue
business in effective and smooth manner.
Legislations- It is very essential for business entity to comply with all industrial norm as this
activity will help firm in eliminating the legal obligation on them. The various laws in the
companies act and industrial norm has great effect on the firm growth and success. It also has
great influence on business customers and employees.
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For example, several laws related to customers such as consumer law has been introduced
by government which provides customer a right to claim against unfair trade practices, and poor
quality of goods as well as services provided by particular retailer or whole seller. The consumer
law is applicable or relevant to the sale of products, direct selling, legislation related to
competition etc. The consumer law provides person a right to demand for complete information
about particular goods, to purchase product at fair price etc. It also allows customer to claim
refund for damage products. This legislation has great influence on consumer behaviour. It has
great effect on the profitability and sales of organisational products and services (Allen and
Kraakman, 2016)
The other act is Employment act, The employer and employer is required to comply with
all the terms and condition in contract of employment. The Employment status checklist is
provided by Employment law for determining the status of person, whether individual is engaged
under a contact of services or contract for services. The Employment legislation has direct
impact on the employer and employee relations (Koehn,2013)
Factors Self employed Employee
Personalized services Such type of individual deliver
self service, but may appoint
sub contractor.
Such employees only delivered
personal services.
Mutualness of obligations This kind of people believes in
accepting the work according
to their desire. Person is under
no obligation to provide work
or further task.
The employer has obligation to
offer particular task or delegate
responsibility to employees.
Right of control These type of people have
control on aspect of the task
that are performed by others.
The employer has full control
on the various activities
executed by employees or
worker.
Right of substitution The substitution of task is
based on the nature of task.
Rarely there are chances of
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The objective of person in
facilitating particular task is to
enhance their reputation and
development of skills or for
increasing knowledge.
substitution.
Steps that are required to be taken to establish a registered organisation.
When the individual is required to comply with systematic procedure in order to get
enterprise registered. The process includes various steps:
Step 1 : Entrepreneur of business is needed to determine the nature of business that is to be
registered.
Step 2 : Choosing the suitable name for business: It is required by the owner of organisation to
consider various factor before naming the business unit such as brand name of enterprise, such
name should not be same as of existing firm. In addition to this the individual is required to
consider the government regulation before deciding the name.
Step 3- The function of the director is required to prepare and gather all the documents such as
memorandum as well as article of association and other legal documents that are required to get
company register.
Step 4- It is required by the director of the organisation to file incorporation with the companies'
house or registrar. When all the documents are collected by the director than it is to be submitted
to the registrar for approval.
Step 5- In this stage the director has to wait for the approval of the documents by registrar or
companies house.
Step 6-Once the approval is received, then it is essential for director to hold or facilitate first
board meeting in order to fulfil further legal formalities such as presentation of financial
statement of first financial year in order to get organisation registered (Lyons and et. al., 2016. )
TASK 3
P 4 Providing appropriate solutions for ranges of business problems
EBSM can adopt various Alternative dispute resolution mechanism for solving business
related disputes outside the courts. As this technique provide various options for solving business
problems. These methods are negotiation, mediation and Arbitration.
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Negotiation-This method involve discussion between conflicting parties that is facilitated with
the objective to mutual agreement. This is the procedure through which companies or disputing
parties can settle their differences. The parties using this method seeks to identify a common
basis of resolving conflict and to reach a mutual agreement. In negotiation method of resolving
dispute, both conflicting parties are to bound by the decision that has been negotiated. It is
essential for both the parties to comply with the terms and condition in agreement.
Arbitration-This is the non judicial procedure for the settlement of disputes in this method the
arbitrator which is the third person is appointed by the conflicting parties through mutual
consent. Arbitration is the procedure in which third person are appointed for making decision on
conflict. This types of method or technique are generally used for resolving collective disputes
such as employment related conflict. In Arbitration parties have the right to abide by the decision
made by arbitrator.
Mediation- This is considered as the short term , structured and task oriented procedure. In this
method conflicting parties takes support of third person in order to resolve their disputes.
Mediation is limited to the civil cases and some of the dispute on matter related to non violent
criminal cases can be resolved through this mechanism. In this method the mediator encourage
conflicting parties to facilitate discussion in order to identify effective as well as suitable solution
to particular problem (Park, 2012)
P 5 Justification for the utilisation of appropriate legal solutions
The various solution related to solving business disputes is effective as it allows
conflicting parties an opportunity to keep there disputing matter confidential. These procedures
do not have any impact on the reputation of both conflicting parties. Arbitration, mediation and
negotiation , all three methods are less costly, less time consuming. The disputing parties that
adopt these methods or procedure for resolving conflicts required to fulfil fewer formalities as
compared top going to court. All these techniques involve short procedure. In negotiation,
negotiator assist disputing parties to reach at mutual agreement. It allows them to make
discussion and identify the suitable ways for reaching to the agreement. Negotiator helps the
parties In passing of information or message. Negotiation method is effective as well as useful in
finding solution related to complex disputes (Scholes,2015) Arbitration and Mediation procedure
include third person for making decision on disputes so there are fewer chances of impartial or
unfair decision. In above mention solution both parties get equal opportunity to share their
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problems, ideas and solution related to the conflict. In mediation procedures Mediators
encourages conflicting parties to conduct discussion and share their problems, views, belief with
other party related tpo resolving dispute. The effectiveness of arbitration and mediation is that it
does not bound the parties to accept the decision of mediator or arbitrator. If any of the party
does not agree with the decision taken by arbitrator mediator has the right to leave the procedures
anytime. All the above mention solutions provides conflicting parties a chance to redevelop their
relationship with other party and ensure coordination (Siedel and Haapio, 2010)
TASK 4
P 6 Recommending solution based on country's legal system
The other solution that are based on Country legal system are:
Appointment of Solicitor- The solicitor refers to the lawyer. They are generally the legal adviser.
The parties that are facing problems related to the non- contentious matters can taker legal advice
from solicitor. The conflicting parties can ask Solicitor to act as representative or agent in
commercial transactions. Solicitor is the person whop facilitate initial meeting with conflicting
parties free of charge. The role of individual as a solicitor is top provide legal advice and acting
as representative for the one of disputing party. The conflicting parties can appoint Solicitor for
handling as well as managing case. It is very important to involve barrister in such cases.
Solicitor is needed to provide detail about the law suit by sending EBCM all significant
documents and essential information.
Other alternative legal advising authority also known as Citizen advice Office-This
bureau comprises wide network of charitable institution in the country. The role of this board is
to deliver confidential information and provide recommendation to organisation as well as
people. The main aim of the Board is to provide financial assistance to people and support them
in solving various personal or professional issues. The purpose of establishing Bureau is to
facilitate improvement in policies, procedures, system of the country. As these elements have
great influence or impact on Citizen.
Neighbourhood Advice centres-Such type of institution provides information related to
immigration, welfare advantages, Housing as well as debt for people living (Stewart and et.al,
2014)
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CONCLUSION
The report has concluded that English legal system and law have been influenced by the
European Law. The objective of formulation of various laws or code of conduct by parliament or
government is to ensure fair and ethical practices by business and people. It has been identified
that the aim Of criminal as well as civil law is to reduce the crime and assist organisation in
resolving various business or industrial issues. The major source of laws in English system is
common law. It has been analysed that some standards and regulation get evolved from the act of
parliament.
The projects have provided various dispute resolution mechanism through which the
conflicting parties can resolve their disputes in effective and systematic manner. The several
sources have been recommanded by report through which the disputing parties can seek legal
advices.
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REFERENCES
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