English Legal System Business Law - Essay
Added on 2020-07-22
14 Pages4092 Words27 Views
Business Law
Table of ContentsP1 Explaining the structure of English legal system along with the different sources of laws...1P2 Presenting the role of government in law-making and the manner in which statutory andcommon law is applied................................................................................................................2TASK 2............................................................................................................................................3a) Explaining employer’s legal obligations relation to various laws...........................................3b) Impact of relevant employee and contract law........................................................................5TASK 3............................................................................................................................................6P4) Legal solutions for business problems..................................................................................6P5) Justifications for solutions.....................................................................................................7TASK 4............................................................................................................................................8a) Importance of Alternative Disputes Resolution process (ADR).............................................8b) Recommendations for Antwon and Tyrell case......................................................................8CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................10
INTRODUCTIONBusiness law entails the rules and regulations that an entity must follow while forinitiating and running an organization. With the motive to ensure smooth functioning of thebusiness operations and functions several laws and legislation has been introduced by UKgovernment. In the business organization, owner has to deal with the several aspects such asbuying and selling of goods or services, management of employees etc. Thus, to provide bothemployer and employee with high level of protection in against to the undesirable practicesseveral laws and legislation has been framed by the concerned authority. The present report isbased on different case situations which will provide deeper insight about the varied sources oflaw associated with an organization. Besides this, it will shed light on the employment laws andlegislation that offers high level of safety to the personnel. It also depicts alternative disputeresolution process that a business organization can undertake to find out the suitable solution ofissue. P1 Explaining the structure of English legal system along with the different sources of laws English law may be served as a common legal system that governs all the issues ofEngland and Wales pertaining to criminal as well as civil law. English law has no formalcodification and in this judge give decision by applying statue as well as legal precedent fromprevious cases. The blow mentioned diagram shows that hierarchical structure is followed inEnglish legal system (Structure of the courts & tribunal system, 2017). At the top of hierarchySupreme Court takes place which is considered as House of Lord. In addition to this, decisionswhich are made in this court bind all other to a great extent. Besides this, from evaluation it hasbeen identified that decision which is made by European Court of Human Rights are notassociated with the domestic courtyard of UK. Hence, UK court has right to choose in relation tofollowing the decisions made by European court. Similarly, decisions which are undertaken byPrivy Council are persuasive but not bind on English Court. Further, hierarchical structure clearly shows that Court of Appeal split between Civil andCriminal division. Decisions which are taken by Civil and Criminal court bind lower court to thesignificant level. However, by referring the case of Young v Bristol Aeroplane Co. Ltd (1944), Itcan be stated that lower court can follow the decision as per their understanding if conflicting
situation takes place in the judgement of both such divisions. Along with this, hierarchies showthat Civil court includes court of appeal, high court of justice and country courts. (Source: English Legal System, 2017)In addition to this, sources of UK law can be distinguished into two types such as primaryand secondary. Primary sources include case laws which are made by the court, legislationenacted by the parliament and European Law. Secondary sources contain journals, notebook,parliamentary and non-parliamentary documents (Sources of UK Law, 2017). Thus, business unitshould keep in mind all such aspects and comply with when carry out associated activities. P2 Presenting the role of government in law-making and the manner in which statutory andcommon law is applied From assessment it has been assessed that the role of government in law making is highlysignificant. With the motive to offer protection to the general public as well as business unitsgovernment authority assesses the need of amendments or new legislative requirement andthereby introduces the same. Law making is one of the main activities of UK Parliament which isdone through debate and decision making aspect. Hence, before the introduction of new lawsideas are tested, challenged and altered when debate takes place (Legislative process: taking aBill through Parliament, 2017). During this, several ideas are accepted or rejected by the
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