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Assignment on Business Laws

   

Added on  2020-06-04

11 Pages3742 Words52 Views
BUSINESS LAWS
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1SECTION ONE...............................................................................................................................1P1 Structure of the English legal system and different law sources that entity can follow.. .1P2 Role of government in creation of laws and the method of application of statutory andcommon laws in the justice courts..........................................................................................2M1 Effectiveness of the legal system in terms of recent development..................................3SECTION TWO...............................................................................................................................3P3 a) Employers' legal obligation's evaluation.......................................................................3b). Employment and contract law that will impact upon the present scenario.......................4M2 The effects of regulations, legislations and standards.....................................................5SECTION THREE...........................................................................................................................5P4 Appropriate solutions for the business problem in different case scenarios.....................5P5 Justifications of the solutions with relevant cases.............................................................6M3 Positive and negative impact of legal solution................................................................6D2 Evaluate the use of appropriate legal solution in comparison to the alternative legal advice.................................................................................................................................................7SECTION FOUR.............................................................................................................................7P6 Concepts and benefits of using Alternative Dispute Resolution process..........................7P7 Recommendation of alternative legal solution..................................................................7M4 Comparison of both the recommendation........................................................................8D2 Evaluation of the use of appropriate legal solution than advice.......................................8CONCLUSIONS..............................................................................................................................8REFERENCES................................................................................................................................9
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INTRODUCTIONBusiness laws are important in running and forming strategies of business. This includesall the regulation that all the entities have to follow. This learning covers all the aspects of thebusiness laws. The role of government in creation of regulation along with the application ofthese laws in justice court is present in the study (Kubasek, Brennan and Browne, 2016). Also,legal obligations of the employees working in an organisation is there in the learning. Further,this assignment revolves around some case studies and depending upon these cases appropriatelegal solutions are also mentioned. In order to evaluate the effectiveness of the implementedregulations in an organisation, they are compared with the implemented laws in some otherentity. SECTION ONEP1 Structure of the English legal system and different law sources that entity can follow.English legal system follows a hierarchical structure in which there are two mainbranches the force of the legal system and the courts that forms the system. The English courtssystem consists of:Magistrates' Courts: These are that element of the structure that deals with mainly threetype of cases which are less serious such as driving offences and minor conflicts.Country Courts: These are the administrative divisions in a nation with the legal powercovering one or more countries. Crown Court: These courts only hears the criminal cases of the nation. The casesinvolved are murder, rape and robbery (Clark, 2017). Further, it helps in appealingagainst the magistrates' courts. High Courts: The high value and highly important cases are dealt by the High Courts.There are three subdivisions namely, Queen's Bench, the chancery and the familydivision. The Court of Appeal: These courts hear the appeals made against the civil and criminaljudges of the crown courts, high courts and the country courts.The Supreme Court: It is the highest judicial court in UK. It maintains and develops therole of the highest court in the United Kingdom as a leader in the common law world. These laws originated from some sources. Further, there are also some law sources whichorganisation should comply with:1
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Primary Sources- This source contains authorised statements of the law only and comesin the following form:Case Law- These are that reports which are accomplished from the end of the courts.It consists of the full judgement along with the facts and the judicial reasoning of thejudges (Qi, Roth and Wald, 2017). Also, it carries drumhead of the legal issues.Legislation- There is no complete written constitution of UK but partially written andentirely un-codified. The written laws are introduces in the form of legislation laws. Secondary Sources- This sources is referred to the statement on the law and can furtherdivide as follows:Legal Encyclopedias- It consists of the key points, the cases and legislation, thus, animpelling source for research. Parliamentary and Non- parliamentary publications- There are some sources such ascommand papers, parliament debates, house of commons and house of lords papers,non-parliamentary publications that helps in acquiring knowledge.Law commissions and law journals are also secondary sources that helpsorganisations in acquiring the understanding of law. P2 Role of government in creation of laws and the method of application of statutory andcommon laws in the justice courts.Mainly, there are three functions that are to be played by the government in the law-making process and these roles includes, representation of the public interests, law passing stagedepending upon those involvements and monitoring the actions taken by the government. Thefirst step of duty in law-making for government is to prepare a bill and then proposing it to theparliament (Bernstein, Korteweg and Laws, 2017). This bill is then presented in front of both theparties existing in the parliament house, the present ruling house and the opposite party. Both thepolitical party uses several steps to verify the bill. First reading is done as official note after thatit is sent to individual MP for further reading. When both the parties read it, a debate isconducted followed with the voting. Depending upon the results of voting, when the bill isaccepted by both the houses it is then passed to the higher authorities for their acceptance wherethe Queen will check that bill. If the will gets a pass from the house of lords it will become a actor law. 2
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