Legal System of England

This assignment delves into the intricacies of the English legal system. Students are tasked with examining its foundational principles, analyzing its various components such as courts, legislation, and common law, and understanding its historical development. The provided resources offer insights into different aspects of the system, including its structure, key doctrines, and contemporary challenges.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
Section 1...........................................................................................................................................1
P1 Structure of English legal system and different source of laws........................................1
P2 Role of government in law making...................................................................................3
Section 2...........................................................................................................................................4
P3 Impact of the law on business organisation......................................................................4
Section 3...........................................................................................................................................6
P4 Appropriate legal solutions according to scenario............................................................6
P5 Justifications for the above solution..................................................................................6
Section 4...........................................................................................................................................7
P6 Appropriate legal solutions based upon alternative legal advise......................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law encompasses entire of the laws that dictate how to form and run a business.
In this law, this includes all the laws that govern how to start, purchase, handle, close and
manage or sell any type of business. There are different types of organisation, they follow the
rules and regulations of the law. In this present report, structure of the English legal system and
different types of laws are covered. Other than that, role of the government in law making and
effectiveness of legal system are discussed. Along with this, in the present report impact of the
law on business organisations, legal solutions to business problems, and legal solution in
alternative legal advise are covered.
Section 1
P1 Structure of English legal system and different source of laws
English law is the ordinary law legal system governing England and Wales, comprising
criminal law and civil law. English law has no formal codification or systematization. The
substance of English common law is that, it is made by judges sitting in courts applying statute,
and legal preceding from previous cases. There are diverse types of structure of English legal
system, but according to business, they can follow the structure of Supreme court. In this system,
government made a system which can be solved any of the problem in very effective way. When
any person wants to take help of the court for their problems then can follow the rules of county
courts, and if they will not get the better results from it, they can go in high court of justice. It is
very important court in English structure They will give a better decision according situation.
Other than that, when high court of justice is not able to provide better justice, then people can
appeal in court of appeal, so they will get the justice from it. Along with this, they will go in civil
and then supreme court for justice (Lieberman and Mayer,2016.). Supreme court provide the
very effective decision according to situation. They will collect the all evidence and according to
it, they will provide justice to the people. English legal structure is very important in the
organisation. They also follow the rules and regulations of the law according to structure of
English court system. This system is made for the people who are not satisfied with the decision
of any court. When they are not satisfied with the justice, they can appeal in upper level court or
supreme court, so they will be able to get appropriate justice form them.
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Different source of law that organisation must comply with: -
There are different countries in the world and they have different types of legal system.
Their legal system has their own source of law, with better weight placed on some sources than
others. The following are the most common sources of law that organisation must comply with:
Constitution: - Each country has different legal system and law, so constitution of a country is a
set of fundamental ground rules setting. They provide some power to their branches of the
government. Some countries have written constitutions, so fundamental rule can be easily
identified in that country. However, organisation must follow this source in their business
(Beatty and Abril, 2018).
Legislative: - It is the second important source of law and it takes priority over sources of law
other than the constitution. There are more that one legislative body like central, municipal
authorities, state and provincial. Each legislative body have power to legislate (English legal
system, 2018). Through it, they can determine of rules, and identify about the place where they
can work on priorities.
Judicial decision: - Judicial decisions are more developed into a source of law known as care law
in some countries. Case law can increase the request of legislation and is consider forming
2
Illustration 1: Structure of English legal system
(Sources: Structure of English legal system, 2018)

portion of the law. Through this source, they can interpret the existing law but it is not the
binding source of the law (Kariyawasam and Low, 2014). It very important source of law,
because it gives appropriate justice to the people who are following the rules and regulations of
the law.
Other sources: - There are lots of another source of law that may be given grater or lesser weight
in a specific nation. One of the best other source of law is writing of legal scholars, and in this
source of law, they can follow the civil law jurisdictions and constitution. Other than that, edicts
from a king or rules is also the important source of the law. There are number of Islamic
countries in the world, and in that countries, “Sharia law” in the form of religious books and
edicts from religious grouping law followed the country (Frankle and Lyons, 2014).
P2 Role of government in law making
There are diverse types of law which made by the government according to situation and
requirement. When any person can not follow the rules and regulations of the law, government
can change the rules and regulations of the law in their country. One of the effective role of the
government is that first reading, second reading committee stage and then third reading. This is
very important role of the government. Through it they can change any of the law according to
time. When government make the law, they can follow the first stag of the system (Butcher and
Cleaveland, 2015.).
 First stag of the law-making is ruling party conference gives s the vision, goals, and
direction.
 Then second stage of the law-making is executive draws up policy on an issue. After they
can finalise the law and passing it in the system.
Government plays the vital role in law making process. They can make the law according
to population and business. There are number of people are living in the world, so some people
are not following the rules and regulations of the law, and some people are followed the same.
So government can change the rules and regulation according to requirement. If they found that
in any state of country they should change the rules of the law, they will analysis about that place
and change the law. Other than that, their key role in law making is, they are reason behind the
entire process of the law making.
They need some constitution and legislation rule to follow but they can not able to get,
because is the country there are diverse types of parties who are not supporting to the
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government. In that condition, they make the bill of law, and then it will pass by parliament.
Further, the bill should be passed by another parties so rules and regulation of law can be
changed. This entire pain will have taken by the government and it is very critical role of them.
Along with this, government has a power to make a rules and regulation in their country, so any
party can not able to interfere in their decision (Freudenberg and Boccabella, 2014).
Statuary and common law is applied in the justice court: - Common law involves with new
decisions made by the judges in courts. When people are not satisfied with justice of the courts,
then they can apply in justice court of their care. They can appeal in the justice court of their
problems. Then judges can analysis about the situation and through the common low they can
make the new decision and it is made by the judges in the court. It is very effective or critical
process of the justice court. Other than that, new law are issued by various government agencies
in statuary law, so judges can take a decision by new laws. Common law also known as care law
and statuary law known as written law. They both different from one another. They both can be
applied in the justice court.
Nature and origin of common law is precedent or judiciary and statutory law is
government or legislative. If this both law will be apply in the justice court then government can
manage their entire care and provide effective result from it (Means, 2014). In that condition,
justice court can able to make mew decision and new law for the country. It is very important
process of the common and statutory law in justice court. Judges are also able to gives their
decision to the people, so they can not face the problems. There are facing lots of troubles in the
justice court, because they can not get the appropriate decision from the justice court. In that
condition, they appeal in the supreme court, and this entire process can be lengthy for the people.
However, government will apply common law and statutory law in justice court, they
will get the lots of benefits from it. Other than that, lots of cases will be on finalised condition.
So it is very useful process in the justice court. Government also make this type of law, so they
will not face the criminal problem in their country. There are number of criminal in the world,
and they are not fearing from their crime, so government can make the rules and regulations of
the law for give them punishment of their crime.
Besides this, the following procedure is been followed for the better development of the
law bill by government.
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 Bill: the bill is been drafted and prepared by the drafting committee, after analysing the
various factors, that can affect the people or citizens.
 First reading: the bill is given first reading in the assembly to identify any modification
by the house of commons.
 Second reading: After the modifications, a second reading is been given to the bill to
identify further scope of improvements and changes.
 Committee level: a committee will be formed to keep a check on the functionality of the
bill by the members of House of Commons.
 Third reading: made by house of commons to get the bill amended and identify its
chances to get accepted or rejected in assembly.
 House of Lords: the house of lords will see the bill sent by the house of commons to get
their opinion and changes.
 Royal Ascent: once the bill is accepted in both the houses, it is passed as the law in the
parliament.
Section 2
P3 Impact of the law on business organisation
a) Employer's legal obligations In relations to:
1. Occupation health and safety: - Organisation should provide the safety to their
employees. In any of the company, they should follow the legal structure, and in that law,
they should provide health policy to their employees. Health policy and safety is very
important process in the organisation (Brown and Nagy, 2015). According to law it is
necessary to provide their employees by the company. This will prevent any sort of
accident at work place.
2. Workers compensation: - According to law, each company should provide compensation
to their workers. In this rule, life insurance, accommodations, are slo include. Other than
that, when employee is injured in the company, then it is responsibility of the
organisation that they will provide compensation to their workers. It can be in cash,
cheque or any other payment method. It is very necessary process of the company which
ruled by the law (Impact of law, 2018). When any employee will lose their life in the
company, then they should provide big compensation or according to demand of their
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family. Through this law, employee can work freely and will not feel unsecure from their
job. It will help the workers to get proper compensation in case of any mishap.
3. Harassment: - There are number of organisations who are getting productivity from
harassment (Field and Jones,2014). They harassment their employees for getting their
target and goals, so according to law, any company can not harassment their employee
for any of the point. If they found this type of situation in the company, then according to
law, company can lose their licence. For example, the effective implementation of these
laws will prevent any sort of harassment at work place.
4. Equal opportunities: - Each and every company has a responsibility that they will provide
the opportunities to their employees without partiality. According to law they can not
partiality within the company. Employee can complaint about it in the court and through
law they can get the justice. Organisation should give better opportunities to the
employees equally. This will provide the equal opportunity to employee's at work place.
b) Employment and contract law impact on the business in this scenario: -
According to law only adult people can work in any of the organisation. In the above
scenario, organisation break the first rule of the law, so it is not legal that they hire the people
who are below 18 years. Other than that, they break another rule of the law is that, they are not
following the rules of safety. However, it is found that company's legal structure is not strong.
So, according to law, employee can not not work there. According to scenario, company can face
severe penalties and fines for violating federal labour laws. Employers may even be required to
pay an employee back pay (Peterson, 2014). Company should to provide compensation to that
girl for their injury. Other than that, if she will be on leave, then it is a responsibility of the
company that they will pay the salary of that days. Further, employer should provide and
maintain a safe work place and provide instruction and training to their employees on health and
safety. So it is very important that entire safety and labour law should be followed by the
employer. If they will not follow the rules and regulations of the law, the government take some
serious action or take some penalties according to law. This all impacts can create the critical
situation for the company, so they should have appropriate planning for labour law and safety for
the employees. Through this impacts company can improvement their strategies, so employees
will feel secure from the company.
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Section 3
P4 Appropriate legal solutions according to scenario
1) According to given scenario, Donna has no rights to fire the Calvin without any notice or
reason. It is the right of employee that they can act against the company. According to
employment rights act 1996, company should follow this law rules as Sundays, time off
and suspension, dismissal notice and reason, and disclosures and detriment (Gray, 2015).
The appropriate legal advice for the company is under section 86 of the act, reasonable
notice has to given before the termination of the contract. That applies both the employee
and employer. The unfair or wrongful dismissal is the practice of removing an employee
from his her duty without any proof or evidence, on the basis of doubt. It is unlawful as it
is a form of discrimination with the employee's. Calvin can use the Employment right act
1996 to get back his job if he wishes and can plea in the court for the proper apology
from employer and to get the lawful compensation from his employer Mrs. Donna.
2) In Second case, Mr. Dan, Kevin’s father & owner of a convenience store, faced the loses
in the fire which destroyed his shop completely. He reopened the new store at a new
location & claimed for fire insurance. In the proposal form, when asked whether he had
made any insurance claim within past 2 years. Due to lack of knowledge & investigation,
he thought that he had made the claim 2 years ago i.e. 24 months. But, in fact it was 23
months ago. Now after the fire in his new store, where Mr. Dan suffered huge loss, when
he claimed for the insurance, he was denied the service of paying the claim by saying that
he violated the law by denying the acceptance of previous claim within 2 years of time &
providing wrong information, Thus in this case, he is not eligible to get his fire insurance
claim from the insurance company (Parutis, 2014). The Contract Act 1950 states that
while making an agreement, both the parties must provide truthful, correct & complete
information to maintain the integrity of the agreement. While signing the agreement he
agrees to provide & fill the proper & correct information (Fudge and Strauss, 2014).
Hence, Mr. Dan has not conducted appropriate investigation about his insurance claim &
provided incorrect information to the insurance company, the company is, thus, by law
not liable in any way to bear the lose & pay the insurance to Mr. Dan.
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P5 Justifications for the above solution
1) Calvin can take an action against the company, according to employee rights act 1996. In
that condition company has also a responsibility that they can not fire the employee
without the proper reason or notice period. So, they should follow the rule and
regulations of employment rights act 1996. This law has a power to provide appropriate
justice to the Calvin. Through this rule of law, Calvin can do their job in Donna
company, so it will be beneficial for him. When company will follow the rules and
regulations of the law, then any employee will not face this type of problem in their job.
Along with this, Calvin can go In the court and provide them all their problems, so court
will give him appropriate justice. According to given scenario, court's decision will
beneficial for the Calvin, because Donna has not evidence to prove that Calvin stole the
100 dollar from the petty cash box (Disch, 2016.). Other than that, company has no
rights to fire Calvin without notice and any reason. After the solution, Calvin got the
appropriate justice form the court and can able to do their job in that company.
2) In the above-mentioned case study, it has been concluded that contract law will apply to
the case in which the Mr. Dan who was the owner of convenience store, has provided
wrong information to the insurance company while filing the insurance proposal form.
According to contract law, Parties involves in contract with each other, needs to disclose
all the correct information in the terms of contract otherwise contract will not be
considered as valid. It also states that parties must sign the contract after getting full
information about the terms and conditions. In this case, Mr. Dan has provided wrong
information that he had made previous insurance claim before 24 months but
unfortunately, he had made before 23 months. Without having adequate knowledge, he
has provided wrong information. Therefore, as per law and terms of contract insurance
company is not liable to pay any types of damages to Mr. Dan. Although, Mr. Dan has
provided information without having sufficient knowledge, but he is entitled to claim fire
insurance.
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Section 4
P6 Appropriate legal solutions based upon alternative legal advice
a) Alternative dispute resolution or ADT is the approach to rectify the legal issues without the
involvement of legal bodies or court of law. Various types of ADR processes are Arbitaration,
mediation or Jury decision etc. There are lots of legal solutions according to the conflict, so any
person can take their own action for any trouble in the organisation or any other else. Other than
that, apart from the legal solutions, there are availability of the alternative legal advice of the
government. When they need the alternative legal advise, then people can use some following
advise for their scenario as different legal framework and laws of different countries, the role of
unions, citizens advise and the role of alternative dispute resolution (Ludlum and Stephenson,
2015). This entire alternative legal advises can help the people in their any conflict. The major
benefit of ADR process in that it is economic, flexible and easy to follow. It rectifies the issues in
low cost.
b) According to given scenario, the appropriate alternative legal solution is that when they are
suffering from this type of conflict, then they can follow the role of alternative dispute resolution
and legal framework. This both laws have power to provide appropriate justice to the Antwon
and Tyrell. Other than that, they if they want to maintain their working relationship with one
another, then they should not use any of the legal solutions, because they can easily solve their
problems through their mutual understanding. When they face this type of conflict in their
business, then they can move on with their another business. However, they can able to resolve
their problems (Oswald, 2014). Other than that, they can able to maintain their mutual respect
and relationship. Along with this, through this all alternative legal solution, they both and other
companies will be able to maintain their mutual benefits and profitability of the company. The
dispute can affect the productivity and profitability of both the firms ruining their business
relationship. In order to avoid this and proper handling of the dispute, they can adopt the
approach of arbitration.
CONCLUSION
In the present report, it has been recognised about the structure of the English legal
system and different source of the laws that each company must comply with. Along with this, it
is concluded about the role of the government and impacts of the law on business organisations.
9

Other than that, in the present report it is also concluded about the employer's legal obligations in
relation to safety, health, workers compensation and harassment. Moreover, it is concluded about
the legal solutions to business problems and appropriate legal solution based upon the alternative
legal advise.
10

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