Structure of English Legal System and Different Sources of Law

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................2
TASK 1............................................................................................................................................2
P1 Structure of English legal system and different sources of law ...........................................2
P2 Role of Government in formation of legislations ................................................................3
M1 Evaluating the effectiveness of English legal system...........................................................5
TASK 2 ...........................................................................................................................................5
P 3 Effect of Legislation on organisation....................................................................................5
P3 B) Effect of employment and contract legislation on Business.............................................6
M2 Differentiating and analysing the effect of standards, regulation and legislations.............7
TASK 3 ...........................................................................................................................................7
P 4 Suggesting appropriate legal solution to several business problems....................................7
P5 Justification related to above legal solutions........................................................................8
M3 Assessing the negative and positive effect of legal solution on Business............................9
TASK 4............................................................................................................................................9
P 6 A) Concept and advantages of utilising Alternative dispute resolution procedure............9
P6 B) Recommending alternative legal solution to problem faced by organisation ................10
M 4 Effectiveness of two different recommendations..............................................................11
Conclusion.....................................................................................................................................11
REFERENCES..............................................................................................................................12
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INTRODUCTION
Business law is also known as merchandise legislation which is created by government
by identifying the problem faced by majority of enterprises in the country. The laws are formed
by government are concerned with helping people or organisation in identifying the legal
solution top their problem. Business law is referred to as study related to legal solution .The
purpose of gaining knowledge about the English and other legal system and developing the
understanding about the problems in external as well as internal business environment. It assists
an individual in recognising effective as well as appropriate legal solution to several problems
faced by organisation. The aim of company laws is to ensure ethical business practices.
The objective of the project is to provide the complete detail as well as features of
English legal system. It will also highlight the legal obligation of employer as per the various
acts or company norms. Report will have focus on identifying the issues in given case studies
and on providing appropriate legal solution for same. It will also provide detail explanation about
alternative legal solutions and advantages or disadvantages for the same.
TASK 1
P1 Structure of English legal system and different sources of law
The English legal system is established in order to govern and regulate the business
activities conducted by organisation in England and Wales. Tribunal in English legal system
have civil as well as criminal jurisdiction. Courts are developed outside the chief hierarchy of
English legal system. English legal system consists of hierarchical structure of courts. At the top
of hierarchy there is house of lords also recognised as supreme court. This is the tribunal who has
right to make judgement regarding the approval of various proposals that are to be converted into
act. The court of appeal is the another legal body which has authority to make decision. Civil and
criminal divisions are part of Court of appeal. The decision or judgement made by these two
tribunals are to be followed by the courts at lower level of hierarchy. Other smaller tribunal at
lower level of hierarchy are high court, crown tribunal, country courts and magistrate tribunal
(Fletcher, 2018)
The courts in English legal system also consists of various sub divisions such as
administrative court is the part of Queen bench divisions. The role of judges in this court is to
deal with claims of judicial review. Function of judges in commercial court is to handle law
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suits related to business matters. This court has experts team of judges those who have been
appointed by legal body which is recognised as Lord Chancellor. Chancery Division is the part
of old tribunal of equity. The role of magistrate in these courts is to handle and manage legal
matters such as dissolution of partnership, Bankruptcy, commercial matters and intellectual right
act. Family division is the part of civil court.
Sources of various norms or legislation in English legal system are:
European union law -When UK was part of EU , the legal authority in European union is
accountable for developing laws. But due to post Brexit, UK government has decided to form
their own new legislations which is must have influenced by the legislations or norms formulated
by EU.
Human right -It is the most essential legislation formed by EU with the objective to provide
protection to human rights from exploitation. As per this law , every individual residing in the
country and working in organisation has certain rights. This legislation is developed by
government in EU considering the safety and security of human being.
Case law-This legislations or norms are sourced from the decision made by the magistrate in
previous legal cases.
Common legislation- These laws are originated by the act of parliament. Common legislation are
major sources of various norms or regulation in English legal system. Proposal or bill that is
being prepared by government have to be approved by parliament before implementation.
Delegated law-This is the another source of legislation in English legal system.
Equity-These are the standards or basis on which the major decision is made by magistrate in
supreme court. This is the source which allows judges to pass fair judgement related to specific
law suits (Guerrina and Masselot, 2018)
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