Structure of English Legal System and Business Law Assignment

Added on - 22 Jul 2020

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BUSINESSLAW
Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................3P1 Structure of English legal system and different sources of laws...........................................3P2 Role of authorities in law-making and implications of statutory and common law..............5TASK 2............................................................................................................................................7P3 Impact of judicial document on business organization..........................................................7TASK 3............................................................................................................................................9P4 Legal solution to provided situations.....................................................................................9P5 Justification for cited case...................................................................................................10TASK 4..........................................................................................................................................10P6 (A) Ideas and Benefits of focusing on ADR procedure.......................................................10(B) Legal solution and consider legal system...........................................................................12CONCLUSION..............................................................................................................................12REFERENCES..............................................................................................................................14
INTRODUCTIONJudicial systems within the United Kingdom in earlier times were based mainlyon judge-made law i.e law which is developed through decisions taken by judges thatare essential to decide cases brought before them - called "common law" or case-lawuntil around the eighteen century. Every legal system made its own form of commonlaw, except Scotland which had slightly different law. Ever since that time, laws havebeen brought to reform through Acts of Parliament. In this project, various aspects ofbusiness law have been covered including basic structure of legal system is describedwith the role of government making such laws. Also employer's legal obligation towardslaw has also been mentioned (Cheeseman and Garvey 2014). Moreover, benefits ofusing alternative dispute resolution process with effect to various alternative legalsolutions has been discussed.TASK 1P1 Structure of English legal system and different sources of laws.Every legal system has developed its own set of common law, where Scotland,did not follow same rule and made slight changes in its system. Since that time, newlegal document and law improvements have been brought about with Acts ofParliament, which were usually inspired by plan of actions of the Government. Inaddition to this development of case-law still remains an important source of law. Anargument of law made by a judge in a case can become binding on later judges, and inthis way it can become the law for everyone to follow.Regardless that everybody today lives in a free society still every man lives abiding tocertain laws as opposed by a rule of men. Although a common purpose of law is toprotect the rights of each and every minority that ever existed in society (Kinicki andKreitne, 2012). Law plays four major role in a society:1.Protect people of estate.2.Persuade citizens to do right things.3.Settle arguments regarding exhaustible resources available.4.Promote a common welfare for society.Different laws govern actions and state the roles of citizens at all levels, from the localand municipal levels to the state level, national level and also internationally. Although
over which ever level these law operate, they always promote welfare and safety of itscitizens. Defence against bad is a responsibility of law at all levels, but is most strikingfeature to be seen at the international level. In addition to protecting citizens from evil,law exists to promote benefits and welfare. Laws govern community based actions topersuade people to act according to activities that benefit all, instead of pursuing onlytheir own self-interests. Finally, it helps to boost honesty and good behaviour throughthe legislation of moral ethics and laws. Law enforcement in UK is organized in eachlegal system of United Kingdom (Posner, 2014.). Mostly it is police officers which carryout law enforcements in United Kingdom. Police officers are provided with certainpowers which enable them to execute their duties in a proper manner. According to theBritish model of policing, officers workout their powers with the implied permission of thestate-supported society. Business law is concerned with laws relating to businesses andcompanies. In addition to organizations, other corporations and partnerships whichcarry any type of economic activity. Company law or business law can further be brokeninto two segments:1.Corporate finance: This is concerned with money raising options of limitedcompany. It can be raised through debt finance, equity finance or throughcreditors. Wherein equity finance is one traditional method through which sharesare issued in order to raise capital for company. On the other hand debt financeis raising loans, by repaying it on fixed annual interest.Corporate governance: Central governance deals with duties and rights assignedto share holders , directors, employees and creditors. Normally board of directorspossesses power to act upon business constitution, the central theme of business isensured by Board of Directors. Moreover in present times, United kingdom's law hasbecome share holder friendly and therefore acts in favour of voting rights in generalmeeting (Manafy and Gautschi 2011). Directors of company must carry out theirresponsibilities in best possible way aiming at welfare of organization.P2 Role of authorities in law-making and implications of statutory and common law.In present scenario, it is federal government which legislates on laws and framesthem accordingly. Most of the new laws are passed by Parliament which initiate from
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