English Legal System Structure

This assignment delves into the structure of the English legal system. It provides a detailed overview of its various components, drawing upon authoritative sources like 'Business Law and the Legal Environment' by Beatty et al. and 'America's Courts and the Criminal Justice System' by Neubauer & Fradella. The document utilizes visual aids, such as Illustration 1: Structure of English legal system, to enhance understanding.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................2
TASK 1............................................................................................................................................2
P1 Structure of English legal system .........................................................................................2
P2 Function of local body in law making procedure..................................................................3
M1 Evaluating the Effectiveness of Legal system......................................................................4
TASK 2............................................................................................................................................4
P3 Explaining Employers Legal obligation ...............................................................................4
P3 B) Impact of contract and employment legislation on organisation......................................6
M2 Analysing the potential effect of regulation, legislation and Standards...............................7
TASK 3............................................................................................................................................7
P4 Recommendation suitable legal advice for problems faced by organisation........................7
P5 Justification related to legal solution ...................................................................................8
M 3 Assessing the negative and positive effect of legal solution to business problem.............9
TASK 4............................................................................................................................................9
P 6 Concept and Advantages of Alternative Dispute Resolution procedure..............................9
P6 B) Recommending an alternative legal solution..................................................................10
Conclusion.....................................................................................................................................10
REFERENCES..............................................................................................................................12
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INTRODUCTION
Business law is defined as structure of legislation that defines the way an organisation
should be formed and established. It regulates all aspects of business such as operation,
contracts, human resource practices etc. Business law assists individual in developing
understanding about the principles to run enterprise. It also enables an entrepreneur to identify
the ways using which the entrepreneur can deal with several legal issues that may have great
impact on business operations. Business legislations can also be referred to as structure of law
that is to be applied to relation, right, activity facilitated by individual that is engaged in
merchandising, trading, commerce, sales of goods and services. It is very much important for
organisation to follow these rules and regulation in order to continue their business successfully.
The project will include explanation about legal structure of English legal system and
developing understanding about the origin of several regulation.
TASK 1
P1 Structure of English legal system
The court structure of English legal system covers Wales and England. English legal
system has hierarchical structure. Supreme court is positioned at the top of hierarchy. The
decision made by this court has to be followed by all other courts in the country and the supreme
court is also recognised as House of Lords as this court has power to make major decisions. The
supreme court is only bound by its own decisions taken in previous cases. The appeal court is
positioned after the supreme court in the structure. The decision made by both courts are to be
followed by the lower courts. In case of conflictual condition between the previous decisions, the
supreme court has the authority to make conclusion related to which decision to be made binding
or to be overruled. When the existing decision has been overruled by the supreme court, then in
such situation, it is required by appeal court to comply with the conclusion made by the superior
court. The structure of English legal system is divided into two: that is Criminal and Civil
division (Jones,2017). Divisional courts are established in the three major divisions of High
court. In hierarchical structure, above the high court there are divisional courts. The decision,
rules or principles made by the divisional courts are to be followed by the high court when
solving the ordinary cases. Crown court is positioned next to the high court and these tribunals
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are bounded by decision made by their superior court. At the lower level of the hierarchy, there
is lowers courts.
Illustration 1: Structure of English legal system
Sources:(English Legal material, 2016)
The sources of some legislation in English legal system are:
Statutory legislation- This the regulation that is formed or developed by legislature in the
country. Statutory law is generally created by the act of parliament. The members in the
parliament has authority to make amendments and modification in regulations. This legislation
includes several articles as well as sections related to activity of people and business operations.
It is very important for organisation to comply with this legislation in order to increase its
sustainability.
Common law- It is the major source of English legal system. These legislations are formed by
the previous decision taken by the court. The senior appellate has the power and authority to
make important decision. The conclusion made by the appellate authority are bounding upon all
the lower courts.
European convention of Human rights-The English legal system is much influenced by
legislative system of EU. These legislations are developed by the Eu government to protect the
right of people working in organisation (Beatty, Samuelson and Abril, 2018)
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P2 Function of local body in law making procedure
The procedure of law making is based on the problem that are being faced by companies
and people in the country. This process starts when the legal authority identifies the several
issues that are being faced by the citizens and corporation. After the problems have been
recognised, the role of legal authority is to analyse the appropriate solution for the same. In next
step the function of legal authority is to create proposal that is consisted of problems and
solutions. In third stage, the offer that has been prepared by the legal authority has to been
presented to the lower courts in the states. When the offer gets approved by the authoritative at
lower level, it automatically converts into bill. In next phase, it is required by the government to
present bill in front of upper level authorities for the approval. The upper level authority means
high and appellate court. If the bill gets approved by these two courts then same should be
forwarded to the parliament or house of commons for first reading.
After the first reading, the legal authority has to make amendment or modifications as per
the suggestion or feedback provided by the members in house of commons. Then in next stage,
the Bill is presented for second reading. In this phase, the short debate regarding the bill is made.
After the debate, the bill is forwarded to the special committee for the facilitation of detail
examination. At this stage, the feasibility, flexibility, impact or benefit of implementing bill is
evaluated. This procedure is executed to assess its criteria or fulfilment for which it comes.
After that, the bill is presented for the third reading. In this phase, the voting is facilitated
and the final decision is taken on the basis of evaluation.
At this stage, bill is accepted or rejected. If in case bill is accepted, then it is
automatically converted into law.
At the final step, the government has to play important role in implementing law in the
country and communicating detail to people.
In the next step, the evaluation is made by the House of Commons for identifying the
impact or effectiveness of legislation or regulation implemented (Vanhala, 2018)
M1 Evaluating the Effectiveness of Legal system
Over the few years, there has been drastic improvement and major changes in various
laws in English legal system. The modification that is made include development of Ministry of
Justice that has replaced the Department of Constitutional affair. There is amendment in
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responsibilities related to offender management services, legislation associated with the legal
qualification of secretary of State for Justice Lord Chancellor was a member of the House of
Commons. Other changes include development or formation of Legal service commission to
perform legal aid and develop new approaches in order to deliver the legal services to the poor
people. The formation of supreme court has replaced the role of House of lords. The
legislation(s) in the English legal system is effective as it is formed on the basis of people needs.
And it has been successful in assisting corporation in solving various business-related issues
(Christensen, Onul and Singh, 2018)
TASK 2
P3 Explaining Employers Legal obligation
1. Occupational Health and Safety-This legislation is mainly concerned with health and
safety of employees or workers at workplace. Health and safety act has established wide
range of duties that is essential for the employer to perform. The law states that it is the
role of employer to provide healthy and safe working environment to people at
workplace. The Act include all the aspects of working conditions such as safe operations,
maintenance of working environment, handling of machinery as well as harmful
substances etc. According to this law it is essential for the employer to provide training to
workers in order to ensure health and safety of employees. The human resource manager
in organisation need to develop provision for employees and require making various
arrangement in order to deal with uncertain situation. It is important for Employer to keep
the written record of health and safety policies. As per the management of Health and
Safety Act 1999, employer should conduct risk assessment procedure before adopting or
implementing new technology, introducing operations and making changes in system.
2. Workers compensation-As per this regulation , it is the duty of employer to provide
compensation to the worker or their families who has got serious injury when executing
their work in organisation. This legislation states that private employers required to
provide insurance facility to Employees. According to the workers' compensation act the
role of employer is to assist and provide instruction to employees in order to eliminate
workplace injury. It is important for human resource manager to formulated suitable
compensatory policies for providing the compensation to the worker who has got serious
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injury when operating machinery, or mishandling equipment. As per the regulation , if in
case the employer fails to provide compensation to the person who has got injury in such
case , individual has the right to file law suit against the employer.
3. Harassment- It is referred to as aggressive pressure made by one person on other. The
law related to the harassment provides individual a right share their value, belief without
any harassment. According to the harassment act it is an offence for an individual to
conduct a course of action which leads to harassment for other person. The harassment is
considered as a behaviour which leads to distress. This law is formed to assist individual
in identifying the ways to protect themselves from the person whose intention is to cause
distress. As per this regulation the human resource manager in organisation need to
develop suitable policies and must ensure that the rights of all workers are protected. It is
the duty of employer to assist or support the person who has been harassed by other
individual at workplace. The human resource manager in a company is responsible for
developing healthy and safe environment for employees.
4. Equal opportunity-The equal opportunity Act 2010, states that the employer should
provide equal opportunities to workers. It is essential for human resource management to
ensure that each and every individual is treated equally at workplace. Employer need to
develop policies considering the interest and benefit of workers. It is the duty of human
resource manager to confirm that there is no discrimination done by employer in terms of
disability, age , gender etc. as per this legislation it is unlawful to adopt discrimination
policy at workplace or to discriminate person on the basis of caste, colour, religion,
gender, disability etc. (Scott, 2018)
P3 B) Impact of contract and employment legislation on organisation
The contract legislation has great effect on Business. It assists organisation in increasing
the certainty of business relations. The law related to contract establish certain principles that
helps business entity in regulating the implementation and performance of the contract between
two or more parties that has entered into business relations. The contract is the document or
element that bind parties into legally valid relationship. In such commercial relation al;l the legal
transaction are regulated by contract legislation. These regulation have great impact on business
performance. As per this regulation , it is important for both parties in contract to comply with all
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term and conditions in the contract. If in case any of the party fails to comply with any of the
term or perform their duty according to the contract, such situation may have devastating
financial effect on business. It may further lead to uncertainty in business which can have great
impact on operation and routine activities.
Employment legislation is formulated by government in order to protect the right of
worker. It covers all the aspect of employment terms and condition. As per this regulation, it is
the duty of Employer and employee both to follow the terms and perform their roles as per the
Employment agreement. Human resource manager is required to provide all facilities and
benefits that has been stated in the employment contract. Failure to comply perform task as per
the agreement have adverse effect on employer and employee relationship. This factor may
further lead to increase in uncertainty in business. Employment law has great effect on business
performance.
In a given case study the girl who has got injury has the right to claim compensation
from her employer. If in case, her employer deny providing compensation in such situation girl
has right to file law suit against her employer as per employment contract. According to the
legislation , it is the duty of employer to provide all facilities and benefits to her (Neubauer and
Fradella,2018.)
M2 Analysing the potential effect of regulation, legislation and Standards
The regulation is established by the enterprise according to the need. These are developed
by human resource manager in order to motivate employees to improve their performance at
workplace. The objective of establishing regulation is to ensure engagement of workers in
several activities and in decision making process. Regulation assist business entity in increasing
productivity and working efficiency. It also enables business venture in ensuring the effective
and efficient utilisation of resources.
Legislation are formed by government considering the various issue faced by the people
and organisations in the country. The purpose of development of various laws is to prevent the
unethical trade practices and to assist enterprise in solving various problems. It also provides
firm a chance to identify suitable ways in order to deal with legal issues.
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Standards are established by enterprise with the objective to improve the quality of
environment, product and services. This factors have positive impact on brand image and quality
of products as well as services (Guerrina and Masselot,2018. )
TASK 3
P4 Recommendation suitable legal advice for problems faced by organisation
In the given case of Clevin, It has been recognised that the employer has executed unfair
dismissal practice. As per the employment law terminating Employee without giving proper
notice and without giving justifiable reason is unlawful. In the given case it has been identified
that Employer has conducted totally illegal activity by terminating Calvin by providing false
reason. In such situation, the employment law provides Calvin a right to ask for the evidence
from Employer. If the employer fails to provide such then Calvin can demand for justifiable
reason for his dismissal and proper notice. He can also demand compensation for loss of salary
or wage. If in case his employer deny providing compensation, Calvin has the right to file law
suit against his employer. Employer has to prove that he has made fair dismissal. Calvin has the
right to present evidence which demonstrate that he has not committed the crime.
In the similar another case of James it has seen that James was a computer programmers at Mega
Bytes Ltd and he worked for them over the last twelve year. He was dismissed without any
notice and his authority claimed on him that he was incompetent and useless. In this case, James
have right to sue against the owner of the Mega Bytes because it was wrongful dismissal because
company was not have strong proof to show that James was incompetent.
In the given case study the Dan does not have the right to file law suit against the
insurance company. As according to the contract Act when the contract is signed by the parties ,
it has been considered by the court that both parties are aware about the terms and condition in
the agreement or contract. But in given case, if Dan wants the compensation then from the
insurance company then negotiation and communication is the effective method. It has been
advised to Dan that he should read the contents and terms as well as condition in any document
before signing. The contract law also dictates that it is important for the parties in contract to
perform their role as well fulfil their responsibilities according to the contract or agreement. If in
case any of the party or person fails to perform their part in such case the contract becomes null
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and void. The criteria that are required to be fulfilled by the parties in order to form valid
contract includes the mutual consent, intention to enter into a legally binding agreement. Failure
to fulfil any of the criteria may have effect on the validity of the contract. As in given case Dan
had misunderstood the terms or question, therefore the contract is not legally bonded. He does
not have the right to file law suit against the insurance company. The other option available with
Dan is to renewed the contract or form new agreement with the insurance company (Trad and
Kalpić, 2018.)
P5 Justification related to legal solution
1. The solution given to Calvin is that he should provide evidence to employer. As this
activity will assist him in proving that he has not committed the crime. It will also
support Calvin in preventing unfair dismissal. This solution will help Calvin and his
employer in rebuilding their relation. The other solution is the Calvin can demand for
compensation from workers as this will help him in recovering the losses suffered by
him.
2. In case of Dan , the solution provided to him is that he should communicate with the
insurance company. As this activity will assist Dan in recovering the losses suffered by
him. The other solution provided to Dan is that he should carefully read the content and
terms as well as condition before signing any documents. As this activity will aid him in
eliminating mistakes and misunderstanding. If in case Dan has doubt about any term in
the contact than he should clear that at the same time. This action will sup[port them in
preventing losses and gaining various advantage (Kolasa, 2018.)
M 3 Assessing the negative and positive effect of legal solution to business problem
The several laws that has been developed by government have both positive and negative
effect on organisation. The laws assist enterprise in solving various business issues in
systematic manner. It provides firm an opportunity to identify appropriate solution to resolve
commercial disputes. Legal solution aid business entity in preventing legal obligations. These
regulation allows firm to develop strength for maintaining the business performance during
complex situation. It also enables organisation to eliminate the effect of conflicts on business
operations.
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Legal solution may have negative impact on the firm financial performance. These
factors also have adverse effect on employer and employee relation in case any of the party fails
to perform their duty as per the regulation (Teti, Abbott and Cavatorta,2018.)
TASK 4
P 6 Concept and Advantages of Alternative Dispute Resolution procedure
The alternative dispute resolution is the effective as well as the suitable method of
resolving industrial or commercial disputes. It is the procedure of settling conflict and reaching
to the agreement without going to the court. Alternative dispute resolution method is also
recognised as a tool to resolve legal disputes or conflicts privately. It provides various choices of
resolving conflict in different ways. The various methods that can be used for resolving conflict
are mediation , arbitration and negotiation. The alternative dispute resolution technique has
several benefits. The major advantage of this method is that it helps parties in dispute to resolve
their conflicts in easy and systematic manner. It allows the party to reach conclusion and develop
understanding with each other. This procedure does no have effect on the business performance
or image of both the parties. Alternative dispute resolution method does not involve much cost,
less time consuming as compared to other procedure of resolving commercial problems. It is the
more flexible technique as it helps parties to get quick solution to their problem. This method
provide parities a chance to get legal advice from experts or involve them in the procedure to get
effective or desired result (Fletcher, 2018)
P6 B) Recommending an alternative legal solution
The three methods that can be used by Antwon to resolve their business disputes are
mediation, negotiation and arbitration. Mediation is the short term and most frequently used
procedure for resolving conflict. It is also a structured, task oriented process. In the procedure,
the parties through their mutual consent appoint third person for resolving their dispute. This
procedure or technique can only be used for solving civil cases. In mediation procedure the
mediator emphasizes on the rights, interest and needs of the parties facing problem. The mediator
utilises the several strategies in order to assist parties in identifying the suitable solution for
resolving conflicts. The role of mediator is to facilitate interaction between parties. In this
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procedure the mediator has the responsibility to recognise the root cause of the problem and help
parties in reaching to conclusion.
As per the given case of Antwon and Tryell, they both have disputes regarding their
business. The disputes have gone on for several weeks but the parties have been unable to come
to a satisfactory solution. In this case, Antwon and Trvell should focus on the arbitration. With
help of this arbitration they can easily identify the legal solution of problem in minimum cost.
They do not need to go to the court for their legal solution and they can also protect their
corporate image and reputation in the market with help of this method of legal solution. In the
given case study Antown can facilitate negotiation with the other organisation in order top reach
an agreement. Negotiation refers to the discussion facilitated with the objective of reaching to the
conclusion. This is the techniques through which parties in contract can settle their differences.
With help of negotiation method, Antown and Trvell can easily find out the bes alternative legal
solution in the minimum time period.
In arbitration method the parties in conflicts appoint third person for settling dispute. This
is the procedure in which impartial person makes decision on the conflict. Arbitration method is
used for settling conflicts or misunderstanding between group. In this technique, parties facing
conflict has the right to agree or disagree with the decision made by the Arbitrators (Hui, 2018)
Conclusion
The project has concluded that the laws and regulation formulated by the government
has direct impact on business operations. It also has great impact on the profitability ,
sustainability and growth of business. The report has successfully explained the role of
government in law making. It has given the explanation about various regulation and legislation
that are required to be followed by organisation. The assignment has provided various legal
solution to various business problems. It has provided the brief description about the structure of
English legal system and the way bill is converted into law.
The study has provided various methods that can be used by parties for resolving
commercial conflicts. It has been recommended to the parties in contract to consider the criteria
in order to form valid contract.
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REFERENCES
Books and Journal:
Jones, L., 2017. Introduction to business law. Oxford University Press.
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Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Vanhala, L., 2018. Shaping the structure of legal opportunities: Environmental NGOs bringing I
nternational environmental procedural rights back home. Law & Policy.
Christensen, J., Onul, D. and Singh, P., 2018. Impact of Ethnic Civil Conflict on Migration of
Skilled Labor. Eastern Economic Journal, 44(1), pp.18-29.
Scott, J., 2018. Negotiating Constraints On Legal Translation Performance In An Outsourced
Environment. Law, Language and Communication: Negotiating Cultural, Jurisdictional
and Disciplinary Boundaries. Cambridge: Cambridge Scholars, 1.
Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
Guerrina, R. and Masselot, A., 2018. Walking into the footprint of EU Law: unpacking the
gendered consequences of Brexit. Social Policy and Society, pp.1-12.
Trad, A. and Kalpić, D., 2018. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Encyclopedia of Information Science
and Technology, Fourth Edition (pp. 636-650). IGI Global.
Kolasa, M., 2018. Trade Secrets and Employee Mobility: Volume 44: In Search of an
Equilibrium (Vol. 44). Cambridge University Press.
Teti, A., Abbott, P. and Cavatorta, F., 2018. Employment Creation, Corruption and Gender
Equality 2011–2014. In The Arab Uprisings in Egypt, Jordan and Tunisia (pp. 103-122).
Palgrave Macmillan, Cham.
Fletcher, A., 2018. Employee Health Benefit Programs—Who Are They Really Benefitting?.
Hui, E.S.I., 2018. Workers’ Refusal to Consent. In Hegemonic Transformation (pp. 197-229).
Palgrave Macmillan, New York.
ONLINE :
English Legal Materials, 2016. [Online] Available through:
<http://law.wisc.libguides.com/c.php?g=204332&p=3205486>
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