(solved) English Legal System Business Law
Added on 2020-10-22
13 Pages4050 Words274 Views
Business Law
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1TASK 2............................................................................................................................................4TASK 3............................................................................................................................................5TASK 4............................................................................................................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................9
INTRODUCTIONBusiness law is that body of law which governs the operations and activities of abusiness. Under the business law are defined rules regulations and provisions related with thebusinesses describing the way in which an organisation must conduct its activities. In general abusiness is governed by the civil law of the nation dealing with both public and private law. Theregulation related with contract, hire prices, manufacturing, selling are also defined underbusiness law. In the present report the company KANGO (K)'s staff is explained what Englishlegal system with branches and sources of this legal system. Detailed related with formation of alegislation is presented. Along with this the employment status of the employee working with K is alsodetermined. Moreover, the management of K is explained with options related with differenttypes of business organisation. In the last section of the report K is given suggestion over thealternative dispute resolution method through which it can solve the commercial issue with ITsuppliers.TASK 1English legal system: English legal system is one of the oldest legal framework in worldas it is in existence from around 12th century. The legal framework defined the laws guiding theactivities and operations of the business as well as the citizens in UK. The legal system isbasically divided int two parts:Branches of law:Civil law: this branch deals with the issues of less serious natures under which a partyhave faced civil wrong due to the action of another person or an organization. The civil wringincludes breach of contract, negligence, breach of care of duty, tort (Legal systems in UK, 2018).The aggrieved party suffers monetary damages rather them serious nature of physical damages.Remedies are available in the form of compensation for the damages, fine and imprisonment forta time of 6-12 months.Criminal law: this breach of the law deals with the offences of serious nature includingthose incurring serious bodily harm or death of another person. The types of criminal offencesare murder rape, sexual assault, manslaughter. The remedies available for such action areprosecution of the person means jail, life imprisonment with heavy fines. Eg: Criminal law act,19671
Court structure: Judicial committee of Privy council: This is the final authority to file an appeal to eitherto her majesty in the council or to the judicial committee. Here, a final appeal from the hirercourt can be filed.Supreme court: in 2009 the house of lords was replaced by Supreme court where theappeals from the court of Appeal are heard. The appeals are heard by minimum 5 and maximum9 justice who are lords of apple in ordinary or law lords.Court of Appeal: This is divided into two parts: civil and criminal. The civil divisionhears apples related with civil law and family justice from the high court, tribunals and specificcases from county court.High court: There are 3 divisions of high court, the chancery, Family division andQueen's Bench division. The chancery one deals with cases relating to trust, equity, contentiousprobate, taxation, bankruptcy, land, commercial fraud, business disputes, insolvency, companymanagement, and disqualification of directors, intellectual property, copyright, patents andtrademarks UK Court Structure, 2018). The Family division deals with cases pertaining tomateriel matters, divorce, custody of children, adoption, domestic violence, annulment. Thequeens bench hears the judicial reviews appeals and application over statutory matters.County courts: This court deals with the matters of complicated nature which includes,claims for repayment of loan, breach of contract, mortgage, rent arrears, Here cases are heard byjudge rather than a jury.Crown court: This deals with criminal cases which are transferred from magistratecourt. This includes rape, murder, sexual assault, robbery. The case is heard by a jury anddecision is passed by the judge.Magistrates' court: this court deals with cases of summery offences which are lessserious in nature. It includes cases of betting, gambling and liquor (Gelter, 2016). The cases arehears by either a penal of 3 judges or a district judge.Tribunal services: The decision which are made by tribunals services are related withasylum, criminal injury compensation, social security, employment, child support, pension, tax.Sources of law:Customs: The UK legal system is one of the older law in world and one of its source forlaw is the customs. This means that the beliefs, habits, behavior of the people becomes a2
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