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Report on English Legal System of England and Wales

   

Added on  2020-06-05

14 Pages4153 Words25 Views
Business law
Report on English Legal System of England and Wales_1
TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Structure of the English legal system and different sources of laws.................................1
P2 Role of government in law-making and application of statutory and common law.........3
SECTION 2......................................................................................................................................5
P3 (a) Employers obligation in relations to:...........................................................................5
P3(b) Relevant employment laws and contract law that have potential impact on business. 6
SECTION 3......................................................................................................................................6
P4 Appropriate legal solutions for above business problems.................................................6
P5 Justification for solutions provided for business problems...............................................7
SECTION 4......................................................................................................................................8
P6 (a) Concepts and benefits of using alternative dispute resolution process........................8
P6 (b) Recommendation of alternative legal solutions to the business problem....................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
Report on English Legal System of England and Wales_2
INTRODUCTION
Business laws are the most important legislations related to the rules and regulations of
the company’s operations in a specific region and nation. It mainly involves statutory, civil and
common laws for any types of organisation to comply with (Folsom and et.al., 2012). Present
report will provide understand of framework of English legal system that governs under England
and Wales along with the purpose of different courts as well as sources of laws. In addition to
this, role of government in making legislation and laws together with the application of statutory
and common laws have been explained. Employers legal obligation and contract law's potential
impact for a business problem is also demonstrated along with the legal solutions to resolve
those problems. Moreover, alternative process of dispute resolution have been discussed and one
most of effective alternative procedures is also recommended for the case Antwon and Tyrell is
also explained with justification.
SECTION 1
P1 Structure of the English legal system and different sources of laws.
English legal system is one of the major European legal system which has spread across
many other countries. It is also considered as common law legal framework that governs in
England and Wales consisting of usually criminal law and civil laws (Gillespie, 2013). Though
the systems always differ in the contents of their laws and institutions and the professions which
is surrounded by them, indigenous resources of laws are in fact similar in all three jurisdictions.
Legal system is not separate for the UK as it is formulated by political union which is developed
and designed by the previous independent nations. English legal system has been applied in
Wales and England that its essence is managed by the judges present in these courts. Judges
apply the legal statue and precedent with the help of past cases effectively. Some important rules
are also derived from legislation and further analysed as common laws. Further, framework of
English legal system has been mentioned above:
There various purposes of courts in English legal system such as:
Magistrates court is termed as criminal court in which all the criminal proceeding starts.
They are usually presided by the bench of lay magistrates, legally trained district judges and
sitting in each local area of justice (Wilson and et.al., 2014). Purpose of magistrate court is to
hear minor criminal cases, as well as certain licensing appeals. Crown court is a criminal court of
both the original and appellate jurisdiction along with handling the limited amount of civil
Report on English Legal System of England and Wales_3
business both at first and instance and on appeal. Purpose of crown court is to provide judgement
on the appeal against magistrate court. High Court of justice mainly functions as both as civil
court of first instance and a criminal, civil appellate court for cases from the subordinates courts.
Purpose high court is to hear the cases from crown court and direct appeal from magistrate court.
Court of appeal is termed as apex legal body before high court that deals only with the appeals
from other courts or tribunals (Slapper and Kelly, 2013). People not satisfied with the decision of
magistrate, crown and high court can directly appeal to this court. The court of appeal mainly
consist of two benches civil division that hear appeal from high court and county court and
certain tribunals, while division of criminal court will only hears the appeal of crown court
connected with the trail on indictment. Supreme Court is the apex court of justice and highest
appeal court in almost cases in England and Wales. It usually undertakes and hears appeal from
all the other courts and tribunals on devolution matters, criminal cases and civil cases. It plays a
role previously held by the Privy Council i.e. House of Lords.
2
Report on English Legal System of England and Wales_4

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