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Nature of English Legal System- Assignment

   

Added on  2021-02-20

12 Pages3814 Words89 Views
Political ScienceLaw
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BUSINESS Law
Nature of English Legal System- Assignment_1

Table of ContentsINTRODUCTION.........................................................................................................................2LO 1.................................................................................................................................................2P 1 Explanation of Nature of English Legal System and different sources of Law in UK.........2P 2 Role of Government in law making and how statutory and common law are applied in thejustice courts................................................................................................................................3LO 2.................................................................................................................................................5P 3 Impact of Company, Employment and Contract law on business with relevant examples. .5LO 3.................................................................................................................................................7P 4 Different types of legally formed business Organizations....................................................7P 5 Management and Funding of different types of Organizations in UK..................................7LO 4.................................................................................................................................................9P 6 Recommendations for resolving a range of disputes.............................................................9CONCLUSION............................................................................................................................10REFERENCES............................................................................................................................11
Nature of English Legal System- Assignment_2

INTRODUCTIONBusiness Law can be defined as the legal structures and laws which are essential at thetime of formation of company and also ensures the operations and activities in the daily business(Business Law, 2019). The report covers the nature and different sources of laws in UK and whatare role of Government in law making. It also covers the effectiveness of recent reforms andchanges made in English Legal Systems. Impact of Employment, company and contract laws onthe business. The report states various types of incorporated and unincorporated business andhow this business is managed and funded. The various recommendations of disputes resolutionmethods. LO 1P 1 Explanation of Nature of English Legal System and different sources of Law in UKThe English Law also refers as the legal system in England and Wales. This legal systemis the oldest legal framework which came in year 1189 for both criminal and civil matters. In UKthere is no separate constitution written which has to be followed by citizens of UK and what arethe acts of Government (Baker, 2019). Under UK constitution some of laws are written and someunwritten are known as constitutional conventions. The very first law which came under UKframework is common Law. Different sources of Law in UK Legislation- Legislation can be defined as the process on which UK’s constitution areenacted. It is primary body under which laws are either passed or amended. Every country hastheir own local legislation body such as UK is having their own Parliament (Green, 2017). UnderLegislation, different budgets of Governments are passed and also it provides different funds toprograms, activities, agencies etc.Case Laws- Case law is also known as ‘Common Law’ which consists of differentjudgements came by the judges in the previous cases held in the Court. It provides theinformation about the legal concepts of cases and their background and how those concepts areused in particular cases (Perumal, 2018). Those decisions made in higher courts helps in lowercases by taking the same decision if the cases are similar.
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EU Law- European Union Law is another type of source of law in UK. This lawspecifically implemented on 28 European Union (Dickinson, 2016). This law is implemented inorder to solve the trade related matters within those member countries so that every member stateis treated equally. It covers all the matters from small agriculture matter related to bigcompetition related matters. The term ‘Parliament is Sovereign’ was first defined in UK Parliament. It means that theparliament in UK is having unlimited powers to make the law for their citizens without anyrestrictions. In UK, any court or monarch cannot change or amend or overrides the law onlyParliament in UK have the right to change the law. Even courts have no right to declare the lawsmade by Parliament.P 2 Role of Government in law making and how statutory and common law are applied in thejustice courtsUK Government plays very important role in law making by discussing about the variousprojects which are brought in front of Government Authorities. There main role is to amend,change or make new laws as suitable to the new situations or make them applicable as per thechanging conditions. There are certain unspoken norms which are generally applied to each andevery public in UK. For example, everyone has to stand in the queue for the bus. This are knownas judicial function in which also there is role of Government. As the level of activities areincreasing there is also need of good law governance which increases the further role ofGovernment.Application of Statutory and Common Law in the Justice CourtsStatutory laws refer to written principles or rules which are to be followed by everycitizen in UK. They are the bills passed by both the parliaments so that they can by followed bythe judges at the time of taking any decisions (Green III, 2015). The Statutory laws can beapplied in justice courts at the time when judges are taking any decision for any case using thewritten principles and rules as these laws are made by Government and Parliament.Common Law can be defined as the law case law in which all the decisions made by thejudges are based on the past judgements made by judges in past cases. This is generally made inorder to help that in which particular case there will be similar decision given by the judge
Nature of English Legal System- Assignment_4

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