Understanding English Legal System and its Impact

The project evaluates the English legal system's structure, identifying sources of legislation and their effects on organization sustainability. It examines contract, employment, and business law, highlighting their impact on relationships between parties in contracts and commercial relationships between organizations.

The Law project

Table of Contents
INTRODUCTION...........................................................................................................................2
TASK 1............................................................................................................................................2
P1 English legal system..............................................................................................................2
P2 Function of legal authority in law making............................................................................3
TASK 2............................................................................................................................................4
P3 Illustrating the way employment or contract legislation have potential effect on
organisational activities...............................................................................................................4
TASK 3............................................................................................................................................5
P4 Suitable legal solution to the range of problems faced by organisation................................5
P 5 Explanation regarding the above provided legal advice.......................................................6
P6 Recommending solution based on country's legal system ....................................................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9
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INTRODUCTION
Business law is considered as legal implication of operations within organisation. The
business legislation in English legal system is applicable to Wales and England. Law effects
overall aspects of business activities. There are various legislation and act related to establishing,
running or managing business. It is important for an enterprise to comply with all these
regulations as this factors may have adverse influence or effect sustainability and growth of the
company. Legislation related to the business governs the commercial relationship. It is the set of
code of conduct, implemented by courts that govern operational activities carried out by firm.
There has been several problems have been identified by government which are suffered by the
various companies or industry in UK. Legal authority in the country has formulated some norms
in order to help organisation in resolving their business conflicts or issues.
The purpose of the project is to develop understanding about various legislation that is
required to be followed by company.
TASK 1
P1 English legal system
It was the parliament of Europe recommended the beginning of preliminary task towards
Encompassing European civil code in order to promote unification of legislations. The European
civil legislation is considered as desirable as well as feasible. English legal system is much
influenced by European law. The development of There is no single legal system in United
Kingdom. The many legislations in Scotland are influenced by Roman legal system. It is totally
different from the legislation of Northern Ireland, Wales and England. This legal system is
controlled through a hierarchical structure of court. In this framework the Supreme Court is the
higher authority who has power to make big decisions and the bill proposed by government has
to be approved by this court before conversion into law. The conclusion made by the Supreme
Court is binding upon lower courts in the country. English legal system has unique feature as
there is no specific code of conduct (Lyons and et.al.,2016) It is supported by common
legislation. The decision made by the higher courts is to be followed by lower courts in the
country. The major source of English legal system is the common legislation, in which the
decision made by the magistrate on the basis on conclusion facilitated in the existing law suits.
Judges in English legal system has significant role to play in creating as well as enforcing the
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case legislation and demonstrating the objective of Acts of parliament. Magistrates in Supreme
Court are independent of legal authority and the business owner appearing before them. This
activity enables judges to pass the fair decision. In English legal system procedure of the court is
accusatorial. This means that the judges in English courts do not conduct investigation before
passing the judgement. Conclusion made by the magistrate is evidence oriented. It means that the
judges made decision on the basis of the proof or evidence provided by the parties facing
problems. The English legal procedure consists of adversarial system of Justice. This system can
be distinguish from the inquisitorial process of other European system. In this procedure, the role
of magistrate is to conduct investigation on the law suit and to gather the evidence.
Sources of legislations in English legal system are :
Statutory law- The major source of law in the English legal system is statutory legislation. In this
legal system there are some laws that are originated by the cat of parliament. The members in
parliament have the authority to make changes in the laws.
Common law-The laws in English legal system are based on the judgement made by the
magistrates in the previous law suits.
Legislation in European law: The majority of laws in English legal system are much influenced
by the European legislation. Before the Brexit the UK was the member of EU so it has to follow
the legislation that is developed by European Union.
Convention of human right- This law has been formed by the European Council. Purpose of
developing this law is to protect the right of Employees at workplace. It also intends to promote
the rights of individual in the country (Park, 2012)
P2 Function of legal authority in law making
The government has to play important role at each and every stage that is involved in law
making procedure. The most general form of law is that of Public bill which is introduced as the
proposal by the legal authority. When the bill is proposed by the members in the parliament than
it is considered as private bill (Koehn, 2013.) This bill is the document that contains the list of
problems that are being suffered by the people or organisation in the country. It also involves the
introduction of new taxation must be introduced by a government minister into the House of
Commons Proposal also consists of solution related to the issues that are to be presented before
the legal authority or lower courts in the country for approval. If the proposal is signed by the
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lower courts than it has to be forwarded to the higher courts for approval by the government. The
legal authority in the country is required to introduce the bill of controversial political nature in
front of the house of the common. Then the proposal or bill is to be presented for the first reading
in the parliament. It is just the legal formality that is to be fulfilled by the government. After that
the bill is presented in parliament for second reading. At this stage the opinion and suggestion of
the opposition parties are considered and conclusion is made regarding the changes that are to be
made in the bill. In next phase, the legal authority has to make modifications on the basis of
suggestion given by the opposition parties or Member of Parliament. After the changes the bill is
forwarded to the special committee which is the Member of Parliament for investigation. At this
stage, the effectiveness, feasibility, impact and benefits of passing the bills are measured. The
third stage is report stage, the complete draft of the proposal or bill is reviewed. After that, it is
required by the government to forward bill to other house, where the procedure will be repeated.
Bills can still be amended at this stage, and both Houses must agree on the amendments. This is
the final stage at which the bill is approved by the queen and enforced by the members of
parliament (Bagley and Dauchy, 2011)
TASK 2
P3 Illustrating the way employment or contract legislation have potential effect on organisational
activities
The employment law has great impact on the employer and employee relationship. For
example, it is important for Employer to comply with regulation formed by legal authority in
context of the way workers are treated and recruitment policy adopted by enterprise. If in case
the organisation fails to comply with the laws in such situations it has great effect on the
satisfaction level of employees and hence indirect effect on business performance. According to
the employment legislation employer is required to provide all the facilities to workers as per
employment contract. As this activity will assist organisation in eliminating uncertainties and
eliminating risk. Regulations related to employment terms have great effect on plans, policies,
strategies that are developed by human resource manager in an enterprise (Hartono, 2014).
Contract legislation has direct effect on the relationship between the parties in agreement.
It provides framework according to which the organisation has to facilitate or conduct its
operations. It is essential for the parties in contract to comply with the all the essential elements
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that are prescribed in the Contract law as to form a valid agreement. As this factor has great
effect on the legality or validity of the contract. The contract legislation states that it is required
by the parties in agreement to have mutual consent, intends to enter into a legal relation. As this
factor has great effect on the objective of the facilitating contract. The parties in contract need to
comply with the terms and condition in the contract. For instance, if any of the party fails to
comply with terms and condition in the agreement than in such case the contract can become null
and void. And due to this factor, the defaulter party has to face legal obligation and other party
has to suffer loss (Jones, 2017).
TASK 3
P4 Suitable legal solution to the range of problems faced by organisation
Alternative dispute resolution mechanism is the effective technique or method that can be
adopted by cited venture for resolving commercial dispute. This is the effective methods as it
provides variety of option for resolving business problems. It is the most effective strategy to
resolve commercial dispute as alternative dispute resolution method is less cost and time
consuming as compared to going to the court for finding suitable solution or for legal advice.
The options that are important part of alternative dispute mechanism are mediation, arbitration
and negotiation. All these methods can be used by the cited organisation for resolving disputes
outside the courts. It assists the party in addressing the root cause of problem and facilitating
negotiation in order to reach conclusion in form of agreement. The objective of using the
Alternative dispute resolution is to resolve the commercial disputes confidentially as well as
informally.
Mediation is the procedure that can be applied quickly to the situation for resolving the
dispute quickly. The parties in the contract are required to appoint the third person for reaching
to the final decision. Role of mediator is to provide conflicting parties a chance to facilitate
negotiation and provide them platform to make discussion. In this method the final decision is
taken by the parties. It totally depends on the parties to follow or bound themselves with the
conclusion provided by the mediator. The role of mediator is to allow parties in dispute to
facilitate communication so that they could able to clear their confusion and misunderstanding
regarding the subject matter of the dispute. Mediator only contents with asking directive
questions to the parties' better communication with each other (Scholes,2015).
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Arbitration method, the third person that is arbitrator is appointed by the conflicting
parties through mutual consent. Role of third person is to listen the problems and suggestion of
both the parties in dispute. It is the duty of arbitrator to provide decision considering the interest
and benefits of both the parties. In this method, it is essential for the parties in conflicts to respect
the decision of the arbitrator.
Negotiation is the technique or method of resolving dispute. This procedure covers all the
methods of alternative dispute mechanism. The objective of utilising this method is to resolve
the dispute by facilitating negotiation and deliberating with each other with the attendance of
their attorneys if needed, without intervention of any third party. In this procedure the both
parties in disputes takes initiative to gain benefit for themselves (Scholes, 2015)
P 5 Explanation regarding the above provided legal advice
The all the methods of alternative dispute mechanism are effective as well as appropriate.
As these techniques provide disputing parties an opportunity to resolve their commercial dispute
in confidential manner and without going to the court. Mediation is the method that can be
applied quickly and it aids parties in dispute to resolve the conflict at the same time before it
turns into more complex situation. This procedure does not have any type of effect on the image
of the parties or brand reputation of the organisations. It provides parties an opportunity to make
discussion and clear their misunderstanding. These methods are effective as they provide parties
in conflict a chance to rebuild their relationship and access the agreement through facilitating
negotiation. It also provides parties an opportunity to identify the root cause of problem so that it
could be prevented in the future. Alternative disputer mechanism is the suitable technique of
resolving dispute in cost effective manner and without wasting time. Arbitration is the procedure
that can be adopted by the parties for resolving conflicts at international level. As Judgement is
made by the third person those who are appointed by the mutual consent of parties facing
problems (Siedel and Haapio,2010) These are the most effective procedures as there are no
chances of impartial decision. Conclusion is made by the arbitrator, negotiator or mediator by
considering the interest as well as benefit of the parties. So it provides satisfaction to both the
parties. In Alternative dispute resolution procedures, except negotiation method the parties, in
other techniques parties in the dispute has the right to leave the process any time if they feel that
their rights are exploited or individual is dissatisfied by the decision made by arbitrator or
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mediator. It is dependent on the parties facing issue to follow the judgement made by arbitrator
or mediator. Arbitration, negotiation and mediation are very flexible method that can be adopted
by disputing parties for resolving the conflicts between the employer employee, consumer -
retailer etc. It can also be utilise for resolving the issues related to the international commercial
transactions. The several methods in Alternative dispute resolution is often less stressful than
expensive and lengthy litigation. The parties in dispute get the chance to share their views,
opinion. Regarding the subject matter. It also assists parties in identifying the appropriate ways
for reaching to the desirable conclusion. In arbitration method the parties in conflicts has the
right to select the arbitrator and establish their own rules that will be applied to the conflict. The
parties in disputes get an opportunity to select the expert to assist the parties in identifying the
appropriate solution to the problem. In litigation method their parties does not get an opportunity
to choose judge of their choice. Alternative dispute resolution procedure allows more
participation by the litigants. The several methods in alternative dispute resolution mechanism
are less stressful as compared to going to court. In the alternative dispute resolution mechanism,
the parties have complete control on the outcome and activities that are conducted to resolve
conflicts. Appropriate legal advice by expert help the parties in conflict to reach an agreement
through mutual consent. These methods provide satisfaction to the parties and also lead to
settlements in form of agreement (Stewart and et.al,2014)
P6 Recommending solution based on country's legal system
The other sources of legal advice from where the parties facing the problem can
seek legal advice. Government has established various councils and offices from where
individual can get legal information that will assist them in solving their business problems or
resolving commercial dispute.
Citizen advice bureau- It is the wide network of independent charitable institutions in UK.
Individual can seek confidential information and legal advice on subject matter related to
financial disputes, conflicts with customers etc. The objective of the organisation is to assist
individual in resolving the problems. It also intends to facilitate improvement in procedures,
policies and principles that have great impact on business. Citizen advice bureau is considered as
the largest independent advice provider.
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Neighbourhood advice centre- The objective of establishing this institution is to provide
confidential, reliable, free, accurate information to service user. The function of Neighbourhood
advice centre is to develop as well as maintain a neighbourhood watch scheme within a
particular street.
Legal consultant-The role of legal consultant is to provide legal advice to people and assist
them in resolving conflicts, managing disputing matters, analysing as well as recognising the
legal problems, developing legal documents etc. (Storey, 2016)
CONCLUSION
The project has successfully explained the structure of English legal system and
facilitated the evaluation in order to identify the source of legislation. It has demonstrated the
way bill is converted into law. The study has clarified the role of government in law making. It
has been identified from the report that legislation in English legal system has direct effect on the
sustainability and growth of organisation. Contract and employment law has direct impact on the
relationship between the parties in contract. Business law governs the commercial relationship
between organisations. The objective of establishing norms and regulation is to help companies
in resolving. These legislations are enforced by parliament in order to ensure fair trade practices
within the country.
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REFERENCES
Books and Journals:
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