English Legal Structure Sources : Report

Added on - 06 Jun 2020

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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1P1 English legal system and its structure...............................................................................1P2 Legal authority and its significance in law construction...................................................2SECTION 2......................................................................................................................................3P3 (a) Employer’s legal obligation.........................................................................................3(B) Impact of employment and contract law..........................................................................4SECTION 3......................................................................................................................................4P4 Appropriate judicial solutions...........................................................................................4P5 Justifications for legal solutions........................................................................................5SECTION 4......................................................................................................................................6P6 (A) Alternative dispute resolution....................................................................................6(B) Recommendation of alternative legal solutions...............................................................7CONCLUSION................................................................................................................................7
INTRODUCTIONIn global economy it is required that the behaviour should be regulated in the effectivemanner. For this purpose various rules and regulationsaresetby the ruling partyand they arereferredas the laws. There are various forms of laws and business is one of them that is requiredto be complied with (Cheeseman and Garvey, 2014). In a business there are various operationsthat are carried out and also English legal structure sources that will be discussed in the belowpresented report. The contract act and its provisions will be discussed together with theEmployment act. There are various disputes that arise in the business and the methods that aerequired to resolve them will alsobe discussed under this report.SECTION 1P1 English legal system and its structureLaw are the guideline ordiscipline that eachorganisation needs toconsiderduringperformingtheir variousprojects.It isestablished by thedominantauthority and no onehaspowerto break those regulations and in case it is observed that violation is done than in that casegovernment can take legal action against the individual at fault. In order to enforce the law onvarious sectors a set legal framework is maintained. It is ensured that all the rights and duties arewell communicated to all so that business can plantheir scheme according to it.It can becategorised into civil, common, statutory and religious laws. Every country has their own uniquestructure which is further followed by the citizens of that particular place (Kubasek, Brennan andBrowne, 2016).English legal structure was developed in UK. The higher court (supreme) has itsinfluence on the subordinate bodies. Below judiciary has to follow the guidelines provided by theprime body. Court of appeal is a subordinate body if considered rank wise. It is further dividedinto two different sections one is the criminal and the other is civil separation judgementsconcern with this sections are taken by the lower court but in few circumstances like mismatch inthe different decisions take place by the court. In that case decision regarding selection of aparticular division needs to be taken for which enough care is required. Whenever any case is ofguilty more discretion is required as the victim is bound with various obligations which effectshis liberty to a great extent. There are various sources of laws which can be utilised to gather theinformation like:1
Common law– It consist of various vital parts in the formulation of legal structure. Whileformulating the laws it should be considers that all the relevant circumstances are covered underit so that same can be applied to all the situations. The language is made clear so that errors areavoided and no mistake is done while drafting the statute (Kinicki and Kreitner, 2012).European law– This is some other origin from where law is sourced. It was originated fromjustice court of European union.Statutory law– These acts are passed by the local legislation at the time when independencewas achieved in 1961. There are other colonial laws too which are termed as Ordinances.P2 Legal authority and its significance in law constructionGoverning authorityshowa vitalpartin the formulation and practicalexecution ofdifferentacts. Parliament consist of maximum powers in hand and is involved in the process ofconstruing laws. Whenever a new policy need to be passed government present the same in frontof the general assembly where the proposal is examined in detail. When an issue is identified bythe present governing body it becomes an agenda which is discussed by between the differentinterested groups and each member present their views and suggestions regarding the same. Thisway an outline is made which consist of major headings which need to be resolved. All therequired data is collected and presented on green paper at the first stage. Than the same is put infront of the parliament where debate take place in order to discuss all the relevant advantages anddisadvantages of the proposed document. A set procedure take place which are refereed asdifferent stages through which final judgements are done:First reading– This is the prime step where a Xerox system of rules present the copy tothe law-makers. Same document is communicated to all the members who areresponsible to take the decision (Bagley and Dauchy, 2011).Second reading– At this stage the collected draft is further processed and discussedagain so that it can be understood by all. All those other parties who should be informedare provided the details of that copy of proposed document.Committee stage– After the previous stage members of parliament analyse the need forthe implementation of requested act. All the future outcomes of same bill are examinedso that its after effects can be evaluated.Third stage– Once the required examination of presented bill is done members ofparliament reach to the stage where it can make the conclusions. It is than given for the2
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