Project on Criminal and Civil Law in English Legal System
Added on 2020-07-23
11 Pages3071 Words41 Views
Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Sources of legislation that the enterprise need to comply .....................................................1M1 Evaluating the effectiveness of English Legal system.........................................................2P2 Duties of legal authority in law making.................................................................................2TASK 2............................................................................................................................................3P 3 Illustrating the way Employment and contract law have potential impact on Business.......3Steps that are required to be taken to establish a registered organisation...................................5TASK 3............................................................................................................................................5P 4 Providing appropriate solutions for ranges of business problems........................................5P 5 Justification for the utilisation of appropriate legal solutions...............................................6TASK 4............................................................................................................................................7P 6 Recommending solution based on country's legal system....................................................7CONCLUSION ...............................................................................................................................7REFERENCES................................................................................................................................9
INTRODUCTIONBusiness law is the significant part of legal system that regulates or control the businessactivities. The objective of business law is to assist organisation in solving business issues and toensure fair trade practices. Business law consists of some legislation such as Contract law,employment, civil rules related to manufacturing and other business practices. These legislationsor code of conduct framed by legal authority is required to comply by organisation in order tocontinue business in effective and systematic manner. Civil and criminal law are also the part ofEnglish legal system.The project has focus on explaining the sources of criminal and civil law in English legalsystem. It will also highlight the procedure that is required to be followed in order to register acompany. The study have focus on identifying the way statutory as well as common law areapplied in courts.TASK 1P1 Sources of legislation that the enterprise need to comply English legal system is referred to as common legislation that regulates as well as governthe various laws in Wales and England. It is considered as the among the major Europeanjudicial system. Criminal as well as civil law is the part of English legal system. This legislativesystem is highly influenced by European law. Some laws in English legal system are originatedfrom 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 isformulated by act of parliament. The structure of English legal system includes laws , commonlegislation, and host of other legal standards (Bagley and Dauchy, 2011.)Criminal law is formulated in order to deal with crime matters with in the magistratecourts 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 thesociety, For instance murder, theft etc.. Civil law is designed by government to assistorganisation in finding suitable solution related to contracts or other business issues. Thislegislation has great impact on the parties in facing industrial disputes. The civil matters aregenerally related to the dispute or conflict between two firms, among consumer and retailer etc.Sources of English legal system1
Every country has several laws that are originated from various sources. The significantor major sources of English laws are legislation, common law, European Union, and Europeanconvention of human rights. Legislation – This types of the code of conduct and regulation are originally evolved from the actof parliament.Common law- The legislation and standards that are part of English legal system are muchinfluenced by legislation System of European Union. These types of law are originated fromexisting court cases.Statues- Some legislation and standards are being established and designated by Higherauthorities in parliament.Statutory law – This types of laws are developed by legislature by the consent of all othermembers in assembly (Bodie, Kane and Marcus, 2014.)M1 Evaluating the effectiveness of English Legal systemThe unique features of English legal system with regards to civil law is that thislegislation does not consist of formalisation of codes. The other characteristic of this system isthat the final decision are taken by courts which is based on common law that is considered orreferred to as the major sources of origin of several legislations. The effectiveness of the systemis that decision made by court is fair, reliable and suitable. This system is effective as in thissystem the judges in the court are required to comply or agree with the decision taken by thecourt. In this system standards and regulation set by supreme court are binding upon all lowercourts. According to this legal system only the magistrate of supreme court has the right to makechanges or amendment in legislation (Cameron,2017)P2 Duties of legal authority in law makingThe house of lords have to play significant role in law making as their role is to highlightthe problems that are being faced by people in the country, identifying suitable solution tovarious issues that are being faced by several or majority of organisation, and drafting the list ofsolutions. The legal authority is also required to prepare the list of problems and solutions thatare to be presented before the parliament for approval.The various stages that are involved in law making are explained in detail :2
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