English Legal System Business Law
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Added on 2020-07-23
English Legal System Business Law
Added on 2020-07-23
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BUSINESS LAW
Table of ContentsINTRODUCTION...........................................................................................................................1SECTION 1 ....................................................................................................................................1P1 English legal system and various source of law................................................................1P2 Role of government in formation of law and application of statutory and common law.2SECTION 2 .....................................................................................................................................4P3 Legal application of employer's in various cases..............................................................4SECTION 3......................................................................................................................................5P4 Legal solution of following business problems.................................................................5P5 Justification of solution.....................................................................................................7SECTION 4......................................................................................................................................8P6 Concept and benefits of Alternative Dispute Resolution process.....................................8CONCLUSION ............................................................................................................................10REFERENCES..............................................................................................................................11
INTRODUCTIONLaws which has either direct or indirect connection with businesses comes under businesslaw. It deals with various issues relating to a company, government or public. Tax, employment,bankruptcy are significant part of this topic. If an organisation is operation their firm in aparticular region that they have comply all the regulation which is present in that state or nation.The main reason behind formation of these acts is removal of conflicts that can arise betweentwo parties. It also assures fairness in business by punishing people who are conducting illegalactivity in the name of commercial work (Fassin and Buelens, 2011). This assignment willdiscuss about structure of English legal system. Role of government in formation of law will beexplained under this report. This project will also cover legal obligation of employer, some casestudies will be included in this file. Concept of alternative dispute resolution will be discussed atthe end of this project. SECTION 1 P1 English legal system and various source of lawOne can easily find reflection of English legal system in laws in laws of many countries.It is considered as the base for most of the nations where England had ruled in past. Their aretwo parts in which it can be divided, first is civil law and second is criminal law. Prior onebasically deals with the dispute which can happen between two or more than two parties. Laterone is talks about serious crime like murder, stealing etc. Whenever their is a trouble betweentwo sides, the first door that they can knock is magistrates' courts (Monseau, 2011). It generallydeals with family cases, property disputes etc. If someone is not satisfied by the judgement givenat magistrates' court then they can take the issue either in Crown court or at high court. Tribunalis other option for which can be considered as the first door to knock by a party but does not takeevery kind of case like criminal activity etc. It mainly deals with matter relating to tax, socialsecurity etc. High courts is significant part of English legal system because it maintain a properbalance between pressure that magistrates' and supreme court face. High court deals with all kindof cases, it has various divisions which focuses on particular type of matter like family, chancery,administration etc. Their is a special division known as Queen's Bench which containcommercial and admiralty court. Supreme court stands at the highest level of English legal1
system. They hear all the major disputes and cases but a person cannot directly knock their door.They have to follow the process which starts with magistrates' court and tribunals. Decisiongiven by this apex body is considered as final judgement and it will be applicable in England,Wales and Northern Ireland. Source of law Parliament of UK is responsible for making laws, they are considered as prime source butbeside them there are other institution who also play significant part in forming or amendingvarious acts. 'Common law' is another oldest source, the regulation under this form is madecenturies ago and they are hardly applied in present era (Esposito, 2012). Rules made byEuropean union also prevail UK but after Brexit there is a big question mark on theirapplicability. United Kingdom was an integral part of EU, they had a legal binding to follow thenorms which is made by this institution but Brexit may reduce this source of law in UK. Case law is considered as origin of many laws, when a court give a judgement it becomerule that has to followed in every part of the country. The decision given by high court can betaken as base by another judge at the time of giving final judgement. After Brexit, government isplanning to bring various reform in English law system so they can filled the loopholes whichmay arise because of departing from EU. In recent years, they have done impressive work byincluding fire arms in The Policing and Crime Act 2017. Most of the legal hurdles that werecreating problem in social investment are removed by bringing new reforms. Most developmentfrom government sides are getting Royal approval in short period of time (Nichols, 2012). P2 Role of government in formation of law and application of statutory and common lawGovernment is considered as the prime source of law but the process of forming new actsis very complicated. A country face various kind of problems, these troubles create dispute andconfusions between two parties. People seek government help in order to find legal solution ofan issue. Their are different government authorities who make proposal in-front of cabinetministers. If they find that this issue have major implications then they convert it into a billwhich cover all the area relating to the matter (Ye and et .al., 2011). This bill has manyprovisions, sections and sub sections where significant concerns like punishment are included.Experts of various filed become significant part in formation of a bill. Once all the work is done relating to bill then cabinet minister present it in parliament forhearing. Their are some steps which has to be followed before discussion on the bill. First one is2
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