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Business Law: Sources of Law and Role of Government

   

Added on  2023-01-13

17 Pages5313 Words32 Views
Business Law
Business Law: Sources of Law and Role of Government_1
Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Explain different sources of law used in the English legal system and the role of government
in making and applying these laws in the justice courts.............................................................3
Critically evaluate the effectiveness of the legal system and law in terms of recent reforms
and developments........................................................................................................................8
TASK 2............................................................................................................................................9
Investigate the different types of businesses and critically evaluate how they are legally
formed, managed and funded; assessing advantages and disadvantages...................................9
Further differences among legislation, standards and regulations analysing their impact on
business. Also, illustrate how company, employment and contract law has a potential impact
upon business............................................................................................................................11
TASK 3..........................................................................................................................................13
Provide Appropriate Recommendation to the cases.................................................................13
CONCLUSION..............................................................................................................................16
REFERENCES .............................................................................................................................17
Business Law: Sources of Law and Role of Government_2
INTRODUCTION
The legal system is the base for enacting different types of laws which can help in
carrying the activities lawfully. Business law is that part which deals with commercial operations
of entities (Clarkson and Miller, 2020). They guide the right and legal way to complete the
transactions without breaching any of the provisions. There are appropriate laws are given for the
offences and breaches made by the people involved in the business. In other words, the main aim
of business law is to protect businesses from any sort of frauds or similar events. This report
highlights the mechanism of English Legal System in the UK, its sources, the role of government
in law-making, use of common and statutory law in courts, implementation of relevant laws,
types of business organisations and the methods for dispute resolution.
TASK 1
Explain different sources of law used in the English legal system and the role of government in
making and applying these laws in the justice courts.
The legal system applicable in the United Kingdom is known as the English Legal
System. It is divided into two laws which are Civil and Criminal. Furthermore, it works on the
doctrine of judicial precedent, which provides that cases are decided on the basis of previous
judgements passed by the courts. There are many sources which can provide information about
the English Legal System. The same are as follows:
Primary Sources: These are those sources in UK law which allows to form the legal law
in the best possible manner. Here, involvement of court can be easily determined. Also,
involvement of MPs and Parliament House plays the crucial role in it.
Case Law- This source comprises of the judgements passed by the courts which are
presented in a report form. It takes into account the previous decisions made by the judges for
considering them in the present cases. These are formulated on the principle of the doctrine of
judicial precedent which works by making the past judgements as to the laws to be included in
making the decisions of present cases (Elliott and Quinn, 2016).
Legislation- Every country has some legislations, which are the foundation for regulating
the activities of individuals. There are legislative bodies who have the responsibility to present
the bills in the Parliament for making the laws in order to implement them within the country.
8
Business Law: Sources of Law and Role of Government_3
This is the base on which statutory provisions are formulated and made applicable. This helps in
keeping the activities lawful.
European Union Law: It was one of the major sources for UK which used to
commence law for UK. It was considered as most important source because more then half of the
laws were delivered by EU law. It's major was to commence laws for European nations.
Secondary Sources: It is also one of the source through which guidance to public is provided
that how they are required to work. This is an effective way through which improvement can be
brought within the society, business organisation and many other places.
Apart from this, some other sources which are adequate in providing information about
the English legal system are as follows:
Legal encyclopaedias- These are the encyclopaedias which are available in physical
form as well as online. Halsbury's legal encyclopaedia is treated as the most authentic, which
provides appropriate information on various legal terms. It has prepared in a comprehensive
manner in order to include every possible legal information.
Law journals- These are published monthly for helping the people who are practising
law. These contain various amendments that have been introduced for making the existing laws
more effective and useful. These should be read in order to become aware of the changes that
took place.
Textbooks- This source of legal information is good for people to know more about laws
in an understandable language. It comprises of various examples which have taken place in
history and are useful for the current situations. Furthermore, textbooks about the law have been
interpreted by different authors by providing their points and arguments. This can be handy and
simple to understand (Hudson, 2014).
Role of Government
Government is the authority which is under the responsibility to make policies and
strategies that are significant for the development of an economy. By considering this,
government's role has been classified into three categories which have been elaborated below:
Executive role- This role emphasises on well execution of the laws in order to make
them enforceable within the country. The individuals who are included for this role are the
queen, prime minister and cabinet ministers who are responsible for the administration of the
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Business Law: Sources of Law and Role of Government_4

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