Exploring Business Law: Sources, Government Role, and Legal System

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This essay provides a comprehensive overview of business law, examining the different sources of law, including primary and secondary sources such as legislation, case law, textbooks, and law journals. It explains the role of the government in law making, detailing how statutory and common law are applied in courts. The essay evaluates the effectiveness of the legal system, considering recent reforms and developments, and illustrates the potential impact of company, employment, and contract law on businesses. It also analyzes the effects of regulations, standards, and legislation on business operations. Furthermore, the essay explores the legal formation of various business types, providing case solutions and justifications. It concludes with a comparison of legal advice sources and a critical evaluation of the legal system's effectiveness, emphasizing how organizations are managed and funded within the legal framework.
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UNIT 7 – BUSINESS LAW
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Table of Contents
INTRODUCTION...........................................................................................................................3
PART 1............................................................................................................................................3
Explanation of different type of sources of law...........................................................................3
Explaining the role of government in law making and how statutory and common law is
applied in the justice of courts.....................................................................................................5
Evaluating the effectiveness of the legal system in terms of recent reforms and developments.7
Illustrating how company, employment and contract law has a potential impact upon business.
.....................................................................................................................................................8
Critical evaluating the legal system and legal law with the examples........................................9
Analysing the potential impacts of regulations, standards and legislation..................................9
CONCLUSION..............................................................................................................................10
PART 2..........................................................................................................................................11
INTRODUCTION.........................................................................................................................12
Identification and application of employment laws...................................................................12
Exploring how several other type of business is formed legally...............................................13
Legal formation of cases and solutions to them........................................................................15
Justifications for advice and solution provided.........................................................................17
Comparison and contrast of suggestions...................................................................................17
Explanation of business organizations in terms of managing and funding...............................18
Critical evaluation for using convenient legal solutions as suggested with comparison to legal
advices.......................................................................................................................................19
CONCLUSION..............................................................................................................................19
REFERENCES................................................................................................................................1
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INTRODUCTION
Business law is also called a commercial law, it is basically formed to make such
decisions which are in the favour of business and to avoid such illegal activities which can
directly harm the business. it usually counted as a form of bargaining which involves the
agreements towards the exchange of such goods and services. It is made by the two or more
people who are bound with the legal agreements which have specific terms and conditions about
the business deal. (Baude and Sachs, 2019). The current essay will discuss the explanation of the
different sources of law along with the role of government in law making and explains that how
the statutory and common law is applied in the justice court. Along, with the critically evaluating
and analysing legal system and law with the differentiating different legislation. Furthermore, the
essay will include the research on the data to explore and finding the solution, with the
examination of how the organizations are managed and funded. Lastly, the essay will discuss the
comparison of the different sources of legal advice and support for the resolution on such dispute
with the critically evaluating the effectiveness of the legal system.
PART 1
Explanation of different type of sources of law
Sources of law are refers to an authority who provides different type of law which helps
to make peace into the country, which are represented by the principles of the regulations. It is
all depends upon the severity of such violation where the individual or group of people may have
punishes or alerted about that. There are the two types of sources of law which are as follows:
Primary sources
Secondary sources
The primary sources include the legislation act and case law:
Legislation- it considered as a number of changes which are taken place in the UK's legal
system which creates more effectiveness. Laws are passes by the parliament in the UK which are
the primary of all the other sources and no one have a right to raise any question upon this and
about the validity. The people who are living in United Kingdom needs to follow this law
because they all are bounded with it.
Case law- United Kingdom has a court rooms which are operated on the belief of judicial
preceding, and having a proper application for the future case which are based on the previous
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cases. The law report will be prepared on the basis of the issues, facts, determinants and the legal
principles which are used in the judgement of the every case.
Act of parliament- this is a law which is made by the government begin with the
demand and the needs of the country and the people who live there.
Common law- with understanding the proper situation of the law which are passes by the
judges with the courtesy and betterment of the citizens of the UK. It shows that once a law has
passed by the judge in the common law system, then the citizens are bounded to follow that law
at any cost.
European convention on human rights- this law is just made for the improvement of
the country and the society, it considers as the varied law in the United Kingdom because this
law has a much focussed on the citizens who lived their and providing them a protection. This
law has especially designed for the business in which it should be followed by them.
European union law- the major aim of this law is to keep on checking on the situation or
such issues which are arising frequently and it is easy to handle them (Husa, 2018). There are the
reason which is behind the law and regulated in the country which are under the EU.
The secondary sources of law are following:
Textbooks- it is an important law which is related to the education act which has been
written by the scholars, authors and such researchers which are involves in this source. With the
perfect use of this source the person will easily get to know about the legal systems and about the
laws.
Law journals- from these informations it is basically included with the term of the
academic publications.
Parliamentary publications- with this academic publication the particular person may
easily know about the history and the background of the specific law.
The secondary law shows that there are the different kinds of laws which can easily
implemented by the businesses which includes the employment law, tax law and the health and
safety law. With implementing these laws the business can easily enhances their environment of
the business. The organization additionally implies the data security law which helps to protect
the data and have a proper security in it and that is an important source of the business to be
more effective.
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Explaining the role of government in law making and how statutory and common law is applied
in the justice of courts
Government has playing the essential role into making a new law with the proper changes
and improve such laws which are already exists in the country. There is a varied type of rules
and regulations which are all set to propose those laws which are following properly with the
proper guidelines which are created by the government. The government is always responsible
for making the new rule and such regulations, policies, public services and the foreign affairs.
These following rules and regulations must be understood by the every people who are living the
United Kingdom. So this is way where government are find themselves to making up such
regulations which helps to keep peace in the country and better environment over there.
Whereas, the government are always ready to support the business terms at the legal aspects and
with the taxation policies (Li, Sun and Singh, 2018). The government always provide the
insurances and the security laws which helps the UK citizens for their betterment and the social
purpose.
There are the example of the government laws which are made with some policies and
the business laws.
Executive role- this role helps in the activities which have an enforcement of such rules
and regulations which are made by the government and implemented by the businesses and the
citizens of the UK. This helps to execute such laws and making a public awareness who are
specifically using this law which helps the whole country with their betterment.
Legislative role- in this role, the government always makes the policies and the laws
which are in the favour of the public and helps to govern the nation as well. UK's parliament
passed the bill which is ensured by the citizens who are bounded with following those laws and
the after this it needs to be had an approval of the supreme authority who handles the number of
legislations. There is a reason behind this, for ensuring that the UK citizens are following the
rules or not. It also ensures that everyone must be bounded with the rules and regulations, if
anyone trying to be smart or avoided following the rules there are many punishments are there
and legal actions which will be charged over the person.
The laws are designed by the government, or making any kind of changes which are
necessary to having in an existing law. This is also called as a purpose of the bill which is simply
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presented in the houses of the law, which are the houses of the common people and the houses of
the lords.
There is a description which shows that how the government of United Kingdom are
following the laws in the country.
This stages shows that the generated bill is specifically read by the authorized member
which ensure about the approval of the law which is known as a first reading.
This stage is considered as the second reading stage which has an important point were
highlighted, which are checked properly or not.
The next will shows the examination procedures which are conducted by such members
of the parliament who can basically identifies the bigger changes which are needed to be
done properly which is known as a committee stage.
This stage will basically show the improvement process which is commenced by the
government and also plays a major role which needs to get a approval on this report stage
(Liu, 2019).
With having a proper completion of the last stage the another one which are used as the
reading up with the voting process and these are being held with it. The members who are
majorly included in this process are clearly required to be present on the courtroom.
The second last step refers to the House of lords which is necessary for checking up the
bills appropriately before the case proceeding and having an approval in detailed manner
where the bill has be passed on the regular basis.
The last stage will show as the royal assent stage which is adopted and the queen's
approval is much-needed to form a bill or the law.
The statutory laws are simply be passed by the different type of government agencies in
a particular country. There are few laws which has passed by the federal government and the
state government. With the implementation of these laws which considered as a new law or
passed by the government which are able to resolve such kind of major issues.
The common law is a famous law which are known as the another name of the case law,
it considers only two type of law which is the first law are the judgements passed by the
government for such new laws and with the another one where it is judged by the existing laws.
This shows that how the laws are framed by such government agencies which is necessary to
implement.
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Both the laws have their own consistency and the difference between these laws are
based on the such written laws and the other side which is basically in a common law which is
based on such judicial opinions which are having a proper decision are made (Manzané‐Pinzón,
Goldstein and Schnitzer, 2018). The statutory law and the common law are most important
which is followed by the judges.
Evaluating the effectiveness of the legal system in terms of recent reforms and developments
The legal systems which are in a proper and systematic manner which helps to enforce
the laws and to interpreting it basically. With having a proper understanding with the legal
system in the term of authority which has properly elaborated by such key rights and
responsibilities in several varieties. There are the main legal systems which are known as a
religious law, common law and the civil law. Simply the legal improves the process in
systematic manner whereas, helps to examine the existing laws which are completed in specific
manner. In the addition with the implementation of the changes in such legal systems which are
included in the form of enhancing the efficiency of the justice. It is basically shows that there are
several types of improvement act are formed in the UK parliament, the first one is considered as
the legal act and the other one is constitutional act.
The forming of law is majorly important which is in the term of the consideration as well
as helps to make sure the effectiveness of the for making sure into the forming of such decision-
making.
Impact of reforms and development
Although, it has mentioned that the effectiveness is now becoming a huge part of the
values and systems and the principles which helps to distinguish the legislative quality. By such
effectiveness it is clear about such effects and impact of the legislations on to the businesses and
the local people. It identifies to extended to such law which are specifically made by different
governments which helps to do the duty in the specific manner. To finding out such effectiveness
which helps to legal system it is simply applies to the tools helps to make different roles. It
shows that the such political agendas and the reforms are at the peak always. This shows the
proper proof to the efficiency into the government base (Mauer, 2018). Government always
made up the micro and small business assessment for a proper management by the organizations.
It is clearly shows that the current changes which are made may quietly impact the aspects of the
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organization with their business law as well and always makes such adjustments which are
applied on the proper manner.
It shows that for the proper effectiveness in such legal systems which in the form of the
development and the reforms and governments are creating the fair and effective policies as well.
Government are always trying their best for enhancing the proper integrity as well as the
promoting such justice helps which are helping in increases the effectiveness in such legal
system. Government has made the legal system which helps to minimize the crime rate and
making the UK the secured country. Where, some changes which are clearly made for the
penalties over such issue where that is to be paid by the owners.
Illustrating how company, employment and contract law has a potential impact upon business.
Company law- it shows that this law always affects many businesses because of its
particular substance which shows that it is basically governed with such things which shows that
what it the organizations may do or not do with their power (Shapira, 2018). It shows the
organizations need to understand such laws which will help them for a proper growth. It explains
the understanding such laws which needs to be worked in effective manner with knowing about
the restrictions which needs to put in the company or in the place for them.
Employment law- by applying the employment law, organizations needs to pay the
specific amount to the employees on their work. This creates a legal law between the employer
and employee as well. This law helps to ensure about all the employees who are working in a
business which are operating UK. Business are always needs to be very clear about the
expectations form their employees. More, it always ensures that it always sets out the fair and
proper type of field for their applicants which shows that the people who are working for them
are at the edge of the recruitment.
Contract law- it is known as the management strategy which is easily adapted by the
organizations to show that the business related contracts are legally signed from the employers
and employees as well as the partners and customers. It includes that before making any decision
or taking the sign on a contract it must be read and understand the terms and conditions by the
specific person before their sign.
There is an illustration with the use of the example of one of the best from the different
organization, which is Riverside Nursery. It is the organization where its management always
prefer to have a proper maintenance and the development on to the education. This the
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organization where these three laws are applying fairly which increases their productivity and
growth as well (Puig and Shaffer, 2018). The owners and the directors always provides the
professional management for the business effectiveness as well as the betterment of the business
which creates a leadership into the nursery. It always delivers the better standards for the
education and care as well. It basically shows that the owners are ready to create as well as
maintain the positive culture and environment for the self.
Critical evaluating the legal system and legal law with the examples.
Legal system are having a five legal systems examples are as follows:
Civil law system- this system is basically at the wide range of the substantive laws and
such procedure. The nation which are having a civil law system have much more updated codes
which are related to the jurisdictions.
Common law system- this law is simply based on the judgement and investigatory about
the two opposite parties. The legal system of the United Kingdom is of the common law system.
Customary law system- it shows that there are the patterns required for which it is based
on such patterns which are required to conducting the rules and regulations as well. This law
may simply found with the mixed legal system (Sokol, 2019).
Religious legal system- this system refers to the law which are amended from the
traditions of the texts within their religious traditions.
Mixed legal system- this shows that it is a legal system where the two or more legal
systems are working together.
Legal law
It includes the criminal law and national law:
Criminal law- it is considered as an area in which it shows the local or the federal laws
which are in the case of the offens and such charging which are in the particular punishments.
National law- it is probably classifies with the laws which are probably regarding the
people who all are governed the nation. It also classifies about the such laws which are ordinary
or related to the constitution as well (Van Loo, 2019).
Analysing the potential impacts of regulations, standards and legislation
Parameters Legislation Standards Regulation
Definition It is basically defines It shows that It is simply defined as
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as the act for making
and effective laws.
something which is
established by the
governor or the
authority for
measuring such rule
and regulations.
the act for regulating
such laws and the rules
which are given by the
others.
Head of state It is always proposed
by them.
It shows the
interference of the
head of state is
medium.
It has no interference
by their head it is just
simply enforces by
their regulators.
Generation It always generated by
the particular country's
government (Rasheed
and et.al., 2019).
This is generated by
directly through the
parliament.
It depends upon the
situation the regulation
easily made by the
internally as well as
externally.
Types Legislation has two
types which are the
supreme and
subordinate legislation
Its type is it can be
civil or criminal
Standard of proof.
This is having a most
common type which is
self-regulation as well
as the government
regulation.
CONCLUSION
From the above report, it has been concluded that there are the various types of sources of
law which helps businesses to be more effective. As well as the government is also playing a
huge role in making and the implementation of such laws. The report has been illustrated the
aspects which are most essential for making the different type of laws and helps to monitored
and regulate such activities and the practices as well. These are the business systems which are
having more beneficial for the businesses for protecting about the crucial rights of such
employees which is in the business environment.
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PART 2
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INTRODUCTION
Business law is termed as corporate law in which it aligns with organization considering
business practices on daily basis. Such laws are structured in manner to assess potential issues
and challenges that business might have to deal with having negative impact over its operations.
It is applicable to right, relation and conduct of organization for maintaining standardization into
their operations. In the present study it would identify analysis and application of employment
laws, and legal formation for provided cases. Furthermore, it will suggest suitable legal solutions
for problems stated in cases and providing with specific solution to those problems. It will
compare and contrast effective aspects of recommendations. By the end of report, it will
critically evaluate suitable legal solutions as suggested in comparison with alternative legal
advices.
Identification and application of employment laws
Employment law are usually termed as federal and state law which is dedicated towards
protecting right of an individual worker. Also, it is fruitful for business restrictions in terms of
developing inadequate practices and obstruct right of employee in business environment. The
law is usually applied on business in order to enhance amount of practices and process related to
employee without causing any kind of harm to them. The significance of employment laws drive
purpose of several aspects which is concerned as effective in terms of serving business with
competitive advantage and employee retention (Djurovic and Janssen, 2018). In addition to this
government adopts with some concerns for regulating overall performance to identify peace with
candidates and further motivate them to collaborate for taking part in several kind of business
activities. According to Employee Act 1996, it is employee law which indicates employee rights
in various situations like redundancy, paternity leave, unfair dismissals, maternity leaves, while
these are termed as most significant for business. The prominent function of this direct towards
understanding various effective measures aligned with business and its practices. In this case
most of the employees are able to claim any kind of uncertainty is faced by them. Such uncertain
aspects rely in any kind of terms.
Moreover, National Minimum Act 1998, is another act that serves employee and
employers with assurance to work over discussed wage. Such aspects are generally
superintended by government to cope up with other financial factors likely to known as recession
and inflation. The distribution for minimum amount provided to workers in terms of wants in
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