Legal System and Law: Sources, Role of Government, and Business Impact

This document provides an overview of the legal system and law, including the sources of law and the role of government in law-making. It also explores the potential impact of company, employment, and contract law on businesses. The effectiveness of the legal system is evaluated, and legal solutions for resolving disputes are recommended. The document covers various types of business organizations and their legal formation, as well as the advantages and disadvantages of unincorporated and incorporated businesses. Finally, it discusses different methods of dispute resolution, such as negotiation, conciliation, and arbitration.

LAW AND THE LEGAL
SYSTEM
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................4
TASK 1............................................................................................................................................4
P1. Explain different sources of law............................................................................................4
P2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.........................................................................................................4
M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments...............................................................................................................................5
TASK 2............................................................................................................................................5
P3. Using specific examples illustrate how company, employment and contract law has a
potential impact upon business....................................................................................................5
M2. Differentiate between legislation, regulations and standards to analyze potential impact
upon business...............................................................................................................................6
D1. Provide a coherent and critical evaluation of the legal system and law...............................6
TASK 3............................................................................................................................................6
P4. Explain how different types of business organizations are legally formed...........................6
P5 Advantages and disadvantages of unincorporated and incorporated business with its
difference between in terms of starting process..........................................................................7
TASK 4............................................................................................................................................9
P6. Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support.................................................9
M4. Compare and contrast different sources for legal advice and support for dispute resolution
.....................................................................................................................................................9
D3. Evaluate the effectiveness of legal solution, legal advice and support for dispute resolution
...................................................................................................................................................10
CONCLUSION..............................................................................................................................10
REFRENCES.................................................................................................................................11

INTRODUCTION
Legal system is that kind of system that is required to be followed by a business organization in
order to establish within a country. Legal system is also helpful in maintaining balance within
society by controlling negative elements of society. Scope of such system is very wide because it
covers society and persons living in it. Things to be covered in this file are sources of law, role of
government in law making. Different types of organizations with advantages and disadvantages.
In the end ADR is going to be explained.
MAIN BODY
TASK 1
P1. Explain different sources of law
English legal system is very vast and dynamic in nature. It includes various laws which
are covering both individual and business organization. Sources of law are as follows:
. These are divided into two categories viz. Primary and secondary which are as follows:
Primary sources Case law: The judgment which are being passed by an judge within an landmark case
and becomes base for any further kind of case. Also this is present in repot form which
includes all elements of case (Shapsugov, Radachinsky and Kurochkin, 2016).
 Legislation: These are those officials who are being granted permission in the process of
law formation. It consists of two houses. House of Lords and House of Commons.
Secondary sources Legal encyclopedias: These are the resources which define about various terms of law
and helps in understanding law in shortest manner. Law commission: It is that kind of commission which is being formed in order to analyze
a particular situation with impact of new law over it. Suggestion report is prepared by
such committee.
P2. Explain the role of government in law-making and how statutory and common law is
applied in the justice courts
Government in UK is responsible for law formation within the country. So for effective
implementation of law role of government is divided into three parts and they are as follow:

Executive role: It has a very important role to play in formation of law and its
applicability in UK. These consist of cabinet ministers and Queen.
Legislative role: It consists over having discussion over bill in parliament which later on
becomes law after attaining royal assent (Ruhl, Katz and Bommarito, 2017).
Judiciary role: It has a very important role as a judgment passed in a case can be
applicable as a law. This can happen only when a law formed by parliament is having negative
impact over society.
Then comes Statutory and common laws that are consisting of separate jurisdiction over a
case and works over individual code and pattern. It is further explained as follows:
Common Law: In this an judgment is made in an landmark case that is helpful in
dealing with similar case in future. No requirement of making new law is there in which same
situation arises. In case, judgment of a case comes out as a new law then it is considered in
subsequent court decisions.
Statutory law: These are concrete laws and are being used by the courts in passing of
judgment. It is available in written form and has been made by legislative body. Also they are
applicable all over the country.
M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments
UK’s legal system consists of various laws which had been gone through lot of changes
but still loopholes are there. As laws are of ve4ry complex nature and lengthy process is there for
justice which makes it outdated from other modern laws. So, it has to be enhanced by making
significant change in it.
TASK 2
P3. Using specific examples illustrate how company, employment and contract law has a
potential impact upon business
Government in UK has been implementing various laws regarding organizations to
perform business which creates an impact upon its business process. They are explained as
follows:
 Company law: These are the laws which are being implemented in order to help in
establishment of business organizations. Such rules and regulations are mentioned under
Companies act 2006 which is a concrete law for it. This can be understood with example
SDF Ltd has been raising fund to expand its business. As the funds were raised by the

company but has not been utilized for business progress. Such condition case can be file
against the company (Plater and et. al., 2016).
 Employment law: These are the laws that have been formed in order to protect rights of
employees and provide them with proper facilities. Such important rules and regulations
has been mentioned under Employment Act 2002 and Equity act 2010 these are related to
health and safety of employees. This can be understood through example like an
employee has been harassed by his higher official on the basis of his cast. So, a case can
be filed against him under the act mentioned.
 Contract law: These are the laws that are based upon agreements which are being
formed between two organizations. It is also helpful in avoiding of any kind of legal
obligation which can take place further. Also it helps in performing of financial
transaction. For example ABC Ltd has an contract with another organization over selling
of product but copyright issues occurred. So, in such case contract can be revoked and
case can be file.
M2. Differentiate between legislation, regulations and standards to analyze potential
impact upon business
Legislation: These are the concrete form of laws that has been prepared by parliament.
Discussion over bill has to take place in the House of Lords and House of Commons and
amendments are also being made at this level only. Royal assent is required to gain for a bill to
become permanent law. Such laws are known as legislation (Naude, 2020).
Regulations: They are detailed instruction that has been formed by administrative
department in order to make paper work and other process easy within an business organization.
Such regulations formed shall not violate any legislation under ant circumstances.
Standard: These are the fixed guidelines that are being formed by an organization to sell
its product and services. It is formed to achieve goals and objectives set-up by a business
D1. Provide a coherent and critical evaluation of the legal system and law
Legal system of an country should be able to have an positive impact upon justice
process without any hindrance. All legal system is divided into various parts that are handling
various aspects of society. UK’s legal system is required to amend the laws because they are not
flexible in nature. Also lengthy process of dealing with crime has made it very difficult to cover
area of law. For example, UK has complex legal system which is difficult to understand, this
makes application of laws poor resulting in failure to maintain law and order in the country.

TASK 3
P4. Explain how different types of business organizations are legally formed
Business organization is of various types that are being dependent upon their nature and
pattern of doing business which has to be followed by them. These can be small, medium or
large. Some of the types have been mentioned below:
 Sole proprietorship: This type of business organizations are being run by a single
owner. He is the one responsible for all the problems that is related to an organization or
working enterprise. These persons are known as sole proprietor. Liability is not there of
these organization.
 Partnership: In this type of business mainly two of parties comes together with the
common motive to earn huge profit. Liability in partnership company is not limited as per
the investment amount so that situation can be managed and controlled in better manner.
In order to start any partnership company legal documentation must be done that support
to figure out total contribution amount (Mike and Kiss, 2019).
 Joint Venture: In such kind of businesses more than two organization has to come
together to complete an specific project which is achieved by forming of an agreement
for distribution of liability in equal manner.
 Private Company: These are those organizations which are formed in order to perform
business and in this directors are the head of it which are responsible for all type of
decisions that has to be taken regarding growth of an organization of such kind.
 Public Company: Such companies are those kinds of companies that have been formed
by the stakeholders or the persons investing in it. These are those organization whose
shares has been sold to public.
P5 Advantages and disadvantages of unincorporated and incorporated business with its
difference between in terms of starting process.
Incorporate organization: These are those kinds of businesses which are there and have
personal legal existence because of which it is easy to be a part of contract. This is one of the
safe and secured business which is easy for fund raising:
Advantages:
 Company has to face right over perpetual succession.

 Major advantage is that it is very easy to sue and get sued in this kind of business.
Disadvantage:
 It is very much easy for an organization once it has been incorporated.
 More time and money has been required to set business.
Unincorporated Organization: In this business organization has been mainly dealing
with businesses operations and events which are been executed in order to generate lot of profit.
Major benefits of such business is that no legal tax pay is required and organization over farm of
law. Some time it is necessary to easy and arranges funds with this association name.
Advantages:
 Maintaining and filling of annual accounts is not necessary.
 These are those businesses which are having less cost for its set-up.
Disadvantage:
 These should be legal contract that has to be formed by the organization and have any
time.
There is a major difference among incorporate and unincorporated businesses that are discussed
below:
Incorporated Association:
 Name and address must be proper with attestation from the required authority.
 Memorandum of Association should be there.
 Article of Association has been approval over stakeholder. These designed of Article of
Association (Lindeboom, 2018).
 Responsible person should look forward over Standard Industrial classification over
company’s house.
 Main sources raising funds has been loan from bank, issue of bonds, share etc.
Unincorporated Association:
 Objective over business should be set-up.
 Valid contract should be there with two or more partner.
 Associated liabilities have not been limited and essential which considered being an
amount of share.


 Various sources have been there over raising funds in which kind of association loans,
capital over private money lender.
Some major advantages and disadvantage of companies over partnership firm are defined below:
Advantages:
 Company has to gain major benefit over enjoying the right of perpetual succession and
partnership companies has major problem regarding changes.
 Company have limited liabilities and in partnership entity the member have equal
liability.
Disadvantage:
 It is not easy to form a company while partnership firm easily gets developed.
 In context of company the decision-making process requires huge funds on the other side
it is easy to make meaningful decision in partnership firm.
TASK 4
P6. Recommend legal solutions for resolving a range of disputes using examples to
demonstrate how a party might obtain legal advice and support
Legal solution are those type of remedies that are being used to solve dispute that has
taken place between two parties and helps them in finding out appropriate solution over it. This
type of solving method for an dispute is known as ADR. Alternate dispute Resolution System in
which various methods are there to solve a dispute. These are explained as follows:
Negotiation: In this a negotiator is hired to solve an dispute and make parties come to an
solution through mutual understanding. For example SER ltd has involved over a dispute of
trademark with a competitor. Due to which business has been affected majorly. Such situation
negotiation can be use to solve a dispute.
Conciliation: Under this method an conciliator is there which arrange for an meeting with the
parties and make them talk to each other. This is a voluntary process. For example Public
proceedings are being solved through this method.
Arbitration: It is the process by which an arbitrator is hired and both parties are listening by him
and judgment given by him is bound to be followed by them. For example infringement of rights
has been taken place between two persons. Arbitration is required to be used to solve it.

M4. Compare and contrast different sources for legal advice and support for dispute
resolution
Legal advice is that opinion which has been given by lawyer to his client. After hearing,
understanding the issue with facts and other important information.
Free legal consultation: This is where an lawyer gets into direct conversation with his client and
facts has also been heard by him.
Legal aid programs: Such services are being granted to those people who are not stable in
financial manner.
Self-help legal aid: Under this an individual has to implement rights that are legally vested
without any expertise of higher authority.
D3. Evaluate the effectiveness of legal solution, legal advice and support for dispute
resolution
Legal solution is those remedies that are applied to resolution of an dispute. Various
methods is given under ADR for it. These are basically out of the court settlement which has
been helping out in searching for solution upon it.
Legal advice is an written opinion to give an particular situation over getting justice. This
has been given by legal professionals.
Support for dispute resolution is the underlying requirement for using the dispute
resolution. This focuses on settling down the difference in a prompt manner Hricik, D., 2016).
CONCLUSION
From the above file it can be concluded that concept of legal system is very important for
setting up of an organization. Further in these file sources of law has been explained with the role
of government in law making. Then organizations have been covered with advantages and
disadvantages. In the end ADR has been covered with example over its methods.

REFRENCES
Books and journals
Chang, Y. C. and Wang, N., 2017. Legal system for the development of marine renewable
energy in China. Renewable and Sustainable Energy Reviews. 75. pp.192-196.
Del Conte, M. and Gramano, E., 2017. Looking to the other side of the bench: The new legal
status of independent contractors under the Italian legal system. Comp. Lab. L. & Pol'y
J.. 39. p.579.
Gozzo, P., 2017. The strategy and the harmonization process within the European legal system:
Party autonomy and information requirements. Information Rights and Obligations: A
Challenge for Party Autonomy and Transactional Fairness. p.25.
Hricik, D., 2016. Law School Basics: A Preview of Law School and Legal Reasoning. Nova
Press.
Lindeboom, J., 2018. Why EU Law claims supremacy. Oxford Journal of Legal Studies. 38(2).
pp.328-356.
Mike, K. and Kiss, G., 2019. Combining formal and informal contract enforcement in a
developed legal system: a latent class approach. Journal of Institutional
Economics, 15(3). pp.521-537.
Naude, T., 2020. Fragmentation versus convergence of consumer law within one legal system
and across legal systems: An African perspective. Journal of Consumer Policy. pp.1-23.
Plater, Z. J. and et. al., 2016. Environmental law and policy: Nature, law, and society. Wolters
Kluwer Law & Business.
Ruhl, J.B., Katz, D.M. and Bommarito, M.J., 2017. Harnessing legal
complexity. Science. 355(6332). pp.1377-1378.
Shapsugov, D. Y., Radachinsky, Y. N. and Kurochkin, A.V., 2016. Treatment of legal liability in
russian theory of law. Journal of Advanced Research in Law and Economics. 7(3 (17)).
pp.618-624.
Smits, J. M., 2017. Enforcing Corporate Social Responsibility Codes Under Private Law: On the
Disciplining Power of Legal Doctrine. Ind. J. Global Legal Stud. 24. p.99.
Čyras, V., Lachmayer, F. and Schweighofer, E., 2016, October. Views to legal information
systems and legal sublevels. In International Conference on Information and Software
Technologies (pp. 18-29). Springer, Cham.