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BUSINESS LAW INTRODUCTION 1 SECTION 11 P1 Structure of English legal system

   

Added on  2020-06-05

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BUSINESS LAW
BUSINESS LAW INTRODUCTION 1 SECTION 11 P1 Structure of English legal system_1
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1......................................................................................................................................1P1 Structure of English legal system and different sources of regulations.................................1P2 The role of government in law making and the appliance of statutory and common law injustice courts................................................................................................................................2SECTION 2......................................................................................................................................4P3 a) Employer legal obligations................................................................................................4b) The employment and contract law in accordance to business scenario..................................5SECTION 3......................................................................................................................................6P4 Legal solution for business problems....................................................................................6P5 Justification for given legal solutions....................................................................................7SECTION 4......................................................................................................................................7a) Concepts and benefits of implementing Alternative Dispute Resolution process..................7b) Recommendation of ADR method in context to business scenario........................................8CONCLUSION................................................................................................................................8
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INTRODUCTIONBusiness law plays crucial role in managing stable business functions by establishing theeffective use of legal practices and guidelines. The report will evaluate the sources and structureof English legal system. Further it will outline the legal obligation which assist in implementingthe legislation which are enforced for protecting employee right at work place. Thus, it willoutline the business cases and appropriate legal solution to those cases.SECTION 1P1 Structure of English legal system and different sources of regulations.English legal system comprises criminal and civil laws. According toThe legal systemstates that no individual except parliament has the authority to make changes in acts, legislation,standards. as it is formulated keeping mind constitutional and public importance. Theclassification of English legal system is as follows:Criminal laws: This is enforced by UK government to protect the interest of peopleagainst crime like, murder, kidnap, theft, harassment etc. These cases are handled by crowncourt, Court court of appeal and magistrate court.Civil laws:ThThe legislation is chargeable on the people who are involved in misleadingof information, cheating, fraud etc. This kinds of dispute generally arises in employees andorganisation, suppliers and company etc. These cases are handled by county courts, high courtand court of appeal.1
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Illustration 1: Structure of English legal systemSource: (English Legal Materials, 2016)Apart from this, hierarchy of courts is the essential part of legal system in which thecriminalthe criminal cases are first handled by Magistrate magistrate court, then by crown court,than then by court of Appeal appeal and finally, the cases which are of public and constitutionimportance are handled by the Supreme courtCourt, otherwise majority of criminal cases end upat court of appeal (Harner and et. al. 2014). Apparently, same is with cases of civil which arefirst handled at the level of county court, then in High court and finally, at court of appeal. But incases some case which of constitution and public interest are handled by the supremecourtSupreme Court. However, the decision by judges aredecision by judges is based on twoprinciples which are as follows:Ratio Decendi: In this, the judge passes decision on the basis of facts which arerepresented in evidence that denotes culprit and its wrong activity. Therefore, in this the decisionaredecision is based on the facts and evidence which are with judge.Obiter Dictum: In this, the judge gojudge goes on making assumption that isspeculatione hypothesize considering all facts and evidence which are available.Sources of lawPrecedents: It is the major tool of supreme courtthe Supreme Court cases. In this, thejudges do not evaluate the whole case or scenario but in this, the judge focus on similar cases andaction of past in order to make judgement on this scenario (Schofield, 2016). This is the toll2
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