Business Law: Understanding Legal Systems and Solutions

Business Law
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Contents
Introduction...................................................................................................................... 4
Section 1 – Nature of legal systems and legislations impacting businesses....................5
LO1 Explain the basic nature of the legal system.........................................................5
P1 Discus the meaning of the statement ‘Parliament is sovereign’ and the various
sources of UK Laws..................................................................................................5
P2 Explain the role of government in law-making and how statutory and common
law is applied in the justice courts.............................................................................6
M1 Explain the effectiveness of legal system in terms of recent reforms and
development............................................................................................................. 7
LO2 Illustrate the potential impact of the law on a business.........................................8
P3 Using specific examples illustrate how company, employment and contract law
has a potential impact upon business.......................................................................8
M2 Differentiate and analyse the potential impacts of regulations, legislation and
standards.................................................................................................................. 9
D1 Provide a coherent and critical evaluation of the legal system and law, with
evidence drawn from a range of different relevant examples to support judgements.
................................................................................................................................ 10
Section 2 – Legal solutions to business problems.........................................................11
LO3 Suggest appropriate legal solutions to business problems.................................11
P4 Suggest appropriate legal solutions for a range of business problems.............12
P5 Provide justifications for the use of appropriate legal solutions.........................13
M3 Assess the positive and negative impacts of legal solutions to business
problems................................................................................................................. 14
L04 Recommend appropriate legal solutions based upon alternative legal advice
provided......................................................................................................................15
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P6 Recommend solutions based on a country’s legal system and /or a different
framework............................................................................................................... 15
M4 Compare and contrast the effectiveness of these solutions..............................16
D2 Critically review and evaluate the use of appropriate legal solutions in
alternative advice....................................................................................................17
Conclusion..................................................................................................................... 18
References.....................................................................................................................19
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Introduction
A state may comply with regional legislature, international laws or a federal constitution
but normally the ultimate source of law is the central national legislature. In UK,
Parliament has the supreme authority to enact law. In this report, various sources of
English law including legislature have been discussed. Such laws must be complied
with by business, people and societies wherever applicable. Amongst them, the laws
applicable on business have been discussed in this report through different case
scenarios and the companies have been recommended alternate legal solutions. The
alternate methods of dispute resolution have also been discussed.
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Section 1 – Nature of legal systems and legislations impacting businesses
LO1 Explain the basic nature of the legal system.
P1 Discus the meaning of the statement ‘Parliament is sovereign’ and the various
sources of UK Laws.
It can be stated that ‘Parliament is sovereign’ in UK. It is the principle of the UK
constitution and refers to an unwritten constitution. Sovereign is a state where
individuals live, and laws are framed by the government. It is the extent of authority that
can be held by the legislative body and imply the issue of national sovereignty. The
concept of sovereignty makes the parliament supreme authority in the UK that helps to
form and end the law.
Sources of law:
Sources Description
Precedents It is can be termed as the authority and a
rule that can be established in the
previous case. It can be persuasive and
binding for court at the time of deciding
the case with the same facts and issues.
Acts of parliament These are the statutes that can be
passed by the legislature and known as
the primary legislation. It creates the new
law and modifies the existing law. It can
be approved by both houses and assent
are given by Monarch (Merz, 2018).
International court These courts are formed by the treaties
among various nations. And has the
authority of international organist ions like
united nations. It also includes the
different tribunals and excludes the courts
that arise from the national authority.
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European court It refers to the court of European Union;
Court of justice that can be considered as
the EU’s highest court, general court etc.
European law is the member and a part
of the union. The regulations, laws are
framed by the union and applicable to the
organizations.
Common law It can be termed as the body and that can
be derived from the judicial decisions of
tribunals and courts. It influences the
process of decision making in case where
the conclusion cannot be determined by
the existing statutes.
Customs It is the pattern of behaviour that can be
verified within the members of
community. It exists where the legal
practice can be observed or the law of
opino juris can be recognized (Dodd and
Hanna, 2018).
Role of Barristers, solicitors, judges:
Barristers Solicitors Judges
He/she is the advocate
that can practice in high
court. When issues
escalate in the system of
the court the lawyers are
Solicitors are the legal
practitioner that handles
the legal matters. They
also provide the advice
and support to their clients.
Judges have the authority
to preside the proceedings
of court. They hear the
witness and interpret the
laws and provide the
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