Law and the English Legal System for HND Business - Nelson College

This report provides a comprehensive overview of the English Legal System within a business context. It begins by explaining the different sources of law, including primary sources like legislations and case law, and secondary sources like encyclopedias and legal books. The role of government in law-making, specifically the legislative, executive, and judiciary branches, is discussed, along with the application of statutory and common law in justice courts. The report then illustrates the potential impact of company, employment, and contract law on businesses, providing examples of how these laws function in practice. It also touches upon the legal formation, management, and funding of different types of business organizations. Finally, the report recommends legal solutions for resolving disputes, using examples to demonstrate how parties can obtain legal advice and support through alternate dispute resolution methods like conciliation, mediation, and arbitration.

Law and the English Legal
System
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
P1 Explain different sources of law ...........................................................................................3
P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.........................................................................................................4
P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business...................................................................................................5
P4 Explore how different types of business organisations are legally formed...........................6
P5 Explain how business organisations are managed and funded with advantages or
disadvantage of an organization..................................................................................................7
P6 Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support. ..............................................8
CONCLUSION ...............................................................................................................................9
REFRENCES.................................................................................................................................10
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INTRODUCTION
Business laws are those set of rules which has been used in order to make business
organization establish more effectively. These laws are focused upon creating legal structure
which tends to improve business functioning through its legislations. Also business laws are
developed for making business organization achieve its goals and objectives. Under business
laws various laws are specified which makes business performed as per legal standards followed
within country. Thus scope of business law is wider as it impact business organization directly.
Under such law different aspects of business functioning is handled more effectively. Also
business law has dynamic nature which makes business activities impacted directly. This report
is based over sources of law with role of government in law making. Also it explains about three
main law used by an business organization and various kinds of business organization are
explained. In the end legal solutions are given over legal scenario.
MAIN BODY
P1 Explain different sources of law
Laws are those set of rules which are formed for running society and protecting it form
various illegal activities taking place within society. They are used for enhancing legal factors
existing within society(Courcelles, 2019). These are used for developing proper legal structure
for society. The laws are formed using two main sources which are primary and secondary
sources. They are discussed as follows:
Primary sources: These are one of the most important sources which has been used for
making laws in more effective way. The source provide first hand helping in making law in more
effective way. Different sources has been discussed as follows:
 Legislations: They are permanent regulations which are amended over perspective
existing within society. This is an important source making law formation done more
effectively.
 Case law: This is another effective source which has been used for developing law as per
situation which has been analysed as rare circumstances. As per this laws are amended
and used in future for such purpose.
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Secondary sources: These are the sources that is based over making information provided with
secondary source. Further, it has been discussed as follows:
 Encyclopedia: This source is based over legal terms used for understanding law in better
manner. They are critical terms which makes laws understood with clearance.
 Legal books: This makes lot of information provided over law and legislation that is
helpful in making knowledge attain for law student in order to accomplish academic
integrity.
P2 Explain the role of government in law-making and how statutory and common law is applied
in the justice courts.
Legal system of country contains different roles which is used for law making process. These
organs are legislative, executive and judiciary which has been discussed as follows:
 Legislative: This is one of the most relevant organs used for making permanent law in
more effective way(Dickinson, 2017). Legislation is developed by following three stage
process within which bill is presented, accepted amended and royal assistance is attained
for making permanent law.
 Executive: They are second important organ which makes law to be executed within
country. Under it administrative authority is included over transferring power to sub
authority.
 Judiciary: This is third most important organ which makes laws executed in more
effective way. It makes legal functions performed with proper framework for an country.
There are two main laws that has made English legal system more impactful in nature.
These law are statutory and common law which has been discussed as follows:
Statutory Law: They are the laws that has been made by passing legislation and are used
within courts for confuting fair trial in both civil and criminal case.
Common law: They are made over judgement passed by judges within certain landmark
cases which makes laws to be applied in its real sense. It is used by court to handle landmark
cases in more effective way.
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P3 Using specific examples illustrate how company, employment and contract law has a
potential impact upon business.
Business organization uses three main laws in order to develop internal and external
business working which are discussed as follows:
 Company law: These laws are formed for developing business organization operations
with effective legal structure. Under Companies Act 2006 various important documents
required for business functioning is developed. For, example BVF LTF willing to make
business establish it is required to make memorandum of association and article of
association.
 Contract law: The law is used for making agreements formed within two or more
persons based over agreements related to contract. Also law work over various elements
offer, acceptance, obligation, legality and validity. Offer means idea related to contract
and acceptance means accepting offer. Obligation is used for making law and legality
helps in justifying laws used within contract. These elements makes legality achieved by
making contract formed in legal manner (Fairchild, and et. al., 2018). These law are
important as they persist proper legislation and making. Contract can be both written and
unwritten which makes promise to be valid contract as its in expressed form. For example
GFT Ltd and BVD Ltd has come into contract over agreement in order to attain legality
in the eyes of law elements of contract should be used.
 Employment law: These are the laws which has been used for developing rights and
duties of employees by protecting them over issue faced within public. The law is based
over developing employer and employees relationship. Under the law employment
contract are covered with various legislation like Employment rights act 1996, Minimum
Wages act 1986 and Equality act 2010 which makes issues solved more effectively. Also
they are used for providing safety to employees as they are developed with proper
guidelines and rules. Employment laws are helpful in making employees feel safe while
performing particular task in more effective way. For example an employee named Ben
has been fired from the organization and was bullied in the form of harassment by higher
management and co worker. This was done due to his colour and traits. So, in this case
Equity Act 2010 is used for solving issue related to discrimination at workplace.
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P4 Explore how different types of business organisations are legally formed
COVERED IN BROUCHER
P5 Explain how business organisations are managed and funded with advantages or
disadvantage of an organization
COVERED IN BROUCHER
P6 Recommend legal solutions for resolving a range of disputes using examples to demonstrate
how a party might obtain legal advice and support.
Alternate dispute resolution system is based over the process which is used for solving
various kinds of issues making parties come to common point of discussion. In this different
process are present which are conciliation, mediation and arbitration used for solving case. The
process posses different natures for solving dispute. In case of negotiation two parties are
brought over discussion making issues solved more effectively, mediation a mediator is hired
making parties agree upon particular point for ending dispute. Arbitration within which arbitrator
is hired and listen to both parties making judgement passed more effectively. The process is
useful for solving dispute without going to court. There are various types of dispute that has been
taking place on day to day basis such disputes are solved through legal advice and legal solutions
that has been given as follows:
 Legal advice: The advice is based over providing legal advice by an legal professional
after listening to problems. Thus legal advice has important role to play over providing
legal advice.
 Legal solution: They are provided by lawyer and advocate after listing over facts and
issue risen within particular case. The solution provided are helpful for clients over
attaining justice.
Dispute resolution is applicable over legal solutions leading towards attaining effective
outcomes. These solutions are applied with the help of ADR making relevancy created with
detail analysis upon legal issue that has to be solved.
CONCLUSION
From the above discussion it can be concluded that business law are those laws which has
been used in order to make establishment of business organizations done more effectively. The
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law is based over various kinds of legal aspects helping in making business goals achieved more
effectively. The file is based over sources which is used for forming law within country. The
laws are used for developing process helping in conducting business. The file deals with
different organs of government. Also various kinds of business organizations with there
differences has been explained. Further, various kinds of laws has been explained which is used
by business organizations more effectively. In the end dispute resolution system is covered with
the legal solutions and advice is covered.
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REFRENCES
Books and Journals
Buchheit, L.C., 2019. Ethical considerations in the representation of sovereign clients. In
Research Handbook on Law and Ethics in Banking and Finance. Edward Elgar
Publishing.
Burri, T., 2021. The New Regulation of the European Union on Artificial Intelligence: Fuzzy
Ethics Diffuse into Domestic Law and Sideline International Law. Available at SSRN
3865149.
Conrad, C.A., 2018. Ethics in Business Education. In Business Ethics-A Philosophical and
Behavioral Approach (pp. 327-337). Springer, Cham.
Courcelles, D., 2019. The Ethics of the Merchant in the Islamic Faith: From Ibn Khaldoun to
Islamic Finance.
Dickinson, A.L., 2017. Recent Ethics Opinions of Significance. J. Legal Prof., 42, p.291.
Fairchild, and et. al., 2018. 14. Health Justice. In Public Health Law and Ethics (pp. 587-612).
University of California Press.
Kubacki, K., Szablewska, N. and Kennedy, A.M., 2019. Guest editorial: Social good and ethics
in social marketing for wicked problems. Journal of Social Marketing, 9(4), pp.485-
489.
Phillips, P. and Moutinho, L., 2018. Business ethics. In Contemporary Issues in Strategic
Management (pp. 178-194). Routledge
Shanahan, K.J. and Hopkins, C.D., 2019. Level of agreement between sales managers and
salespeople on the need for internal virtue ethics and a direct path from satisfaction with
manager to turnover intent. Journal of Business Ethics, 159(3), pp.837-848.
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