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Sources of Law and English Law System : Assignment
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Added on 2020-07-22
Sources of Law and English Law System : Assignment
Added on 2020-07-22
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Business Law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P1 Different sources of law which are complying under English legal system..........................1P2 Role of government in making laws and its applicability......................................................2M1 Effectiveness of legal system................................................................................................3TASK 2............................................................................................................................................4P3 Contract, Company and employment law..............................................................................4M2 Impact of these regulations...................................................................................................5D1 Critical evaluation of legal system.........................................................................................5TASK 3............................................................................................................................................5P4 Legal solution for business problems.....................................................................................5P5 Justification of legal solutions................................................................................................7M3 Positive and negative impact.................................................................................................7TASK 4............................................................................................................................................7P6 Alternative Dispute Resolution process and legal solution....................................................7M4 Effectiveness of recommendation.........................................................................................8D2 Evaluating legal solutions......................................................................................................8CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................10
INTRODUCTIONNowadays, people are aware about many rules and regulations which are framed bygovernment in order to protect their rights. “Law” means where it is associated with many ruleswhich is framed and governed by the parliament. In sort law means “rules which are imposed bycourts”. These law are establishing with some rules and regulations that should be followed byevery business entity (Deakin and Morris, 2012). Law is divided into may parts which helps ofcitizen to protect their rights from any illegal activity i.e. substantive and procedural. It alsoincludes federal, state as well as administrative regulations. In present assignment, differentsources of law in accordance with English Law system has been explained. Further, forproviding legal appropriate solutions some case laws are discussed. Moreover, government isalso playing important role in making these regulations so their part is explained. In last,alternative dispute resolution term is discussed along with its advantages. TASK 1P1 Different sources of law which are complying under English legal systemLaw affects many lives, as it governs with many regulations which influence their life.Society have developed complex body of rules in order to control the activities which areperforming by managers. There are many laws which is governing working conditions (example,health and safety, minimum wages act etc.), regulating leisure pursuits and control personalrelationships. So law is different from each other. In order to understand and legal implication oflaw in business activities, it is necessary to examine basic features of English legal system. Sources of lawCommon law and equity – These rules are classified according to whether to form anypart of equity or common law. In this remedies are available to person. These can be classifiedinto two parts i.e. criminal and civil. Criminal law is concerned with serious offence against stateor person. In this, decision is done according to if defendant may convict (found guilty) andacquitted (innocent). Some of the example are; theft, murder, driving with excess alcohol andmany more (Clauwaert and Schömann, 2012). But in civil case, these are deals with obligationand private rights which has been arises between individuals. The remedy is available to thosepeople who have suffered from losses. In this, defendant may be or may not be found liable topay remedy to other person. Some example is; property law, tort, contract. 1
Equity is not complete without law. So equitable principles are formulated to providespecific remedy to innocent person. These were designed to complement with common rules butnot to replace them. Equity is recognising new rights and providing remedies which areenforceable. This means that discretionary remedies are available.Legislation law - These are law which are promulgated by legislature or any othergoverning body. Before legislation become law, it is known as bill. This can have manypurposes; to sanction, declare, provide or authorise. Two type of legislation are there i.e. primaryand secondary (Colvin, 2011). Primary consists with act of parliament which is also known asstatues. On other side, in secondary, powers are delegated to local bodies or authorities so thatthey can make some specific regulation for the benefit of citizens. EU legislation – In 1973, UK become the member of European union and they accept allthe rules and regulations of EU which are implemented throughout the country. If any disputeshave been arising between English law and European Union, then EU will always conquer. English legal system The court is divided into two parts i.e. criminal and civil. In civil, county, high and courtof appeal civil division are included. In high court, application is coming from county court.Here cases related with recovery of debt amount, consumer protection or any personal injury isthere. In case of criminal court; magistrate, crown and court of appeal criminal division areinvolved here. Here the case which are of serious in nature or anyone has committed seriousoffence such as; theft, murder and many more. Supreme court is the highest court in the country who deals with all cases which are notresolving by lower session of court. There are many laws which has to be implemented by each and every organisation inorder to sustain in market for a long period of time. Such as; Equality Act 2010, Pension Act2008, Minimum Wages act and many more. P2 Role of government in making laws and its applicabilityIn formation of any law and in their applicability government is playing vital role. Whenlaws are making by parliament it generally contains slow process because it involves hugenumber of stages. Before, finalising any law, it must be signed by officer of parliament whilemaking any amendments. Formation of any law is taking few number of years before proposing2
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