TASK 1 English Legal System
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Added on 2020-12-09
TASK 1 English Legal System
Added on 2020-12-09
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The legal framework and Legal solutions
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1TASK 2............................................................................................................................................3TASK 3............................................................................................................................................5TASK 4............................................................................................................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8
INTRODUCTIONThe legal framework of the UK defines the laws and regulation that is applicable tobusinesses and to the public as well. The legal solutions are defined under the legal concepts ofUK which gives authentic solutions to the commercial issues as well civil and criminal offences.In the present report the nature of English legal system is explains with defining branches andsources of law with the court structure in the UK to the staff of KANGO (K). The role ofgovernment in process of law making with application of common and statutory law isexplained. Along with this the legal employment status of the couriers is determined. The K'smanagement is presented with the details of different types of organisation which it can choosefrom. Furthermore, alternative dispute resolution methods are suggested in order to resolve abusiness dispute over the litigation process with IT suppliers.TASK 1English legal system:The English legal system is the one of the oldest law of the world. The legal frameworkof the UK gets its content from the customs. But with its legalisation in 1689 the sources of lawgot expanded. The legal frameworks defines various statues, rules and regulation guiding theconduct of business as well as the people of UK.Branches of UK law: Criminal law: is that branch of the legal system of UK which deals with the cases ofmore serious natures this includes both summers and serious offences. The cases of criminalnatures are robbery, rape, murder, sexual assault (Manyika and et.al., 2016). The criminaloffences generally related to intent of incur serious bodily harm or killing another person. Forsuch offences remedies are available as prosecution, life imprisonment ans fines. The capitalpunishment in the UK has been banned.Civil law: is that branch of law that deals with the cases of less serious nature. This dealswith action of civil wrong done to a person by another or an organisation. The civil wrong meansbreach of contract, negligence, tort, breach of care of duty. The party who suffered with any ofthis facts can get a remedy under the civil court as compensation of the damages endured.Sources of Law:Common law: is the oldest source of law in UK where the decisions of earlier cases arereferred by the court in the cases of similar subject matter before giving a ruling on the law suit.1
This decisions must be followed by the lowers courts compulsorily as this get a binding effectthrough the doctrine of judicial precedent. All the lower court are required to follow the rulingpassed by higher court.Act of parliament: is that source of law under which acts and statute law are prepreparedby the parliaments through following the procedure to make a law (Gonçalves, 2016). The actsare formed after getting approval form both the houses of parliaments and after that gettingassent from the queen. No court can overrule or question an act and are required to followee theacts and statute law compulsorily without ant modification.Customs: is also an older source of law of English legal system. This can be explained ashabits and behavioural practices of people which becomes a regular practised things over this thegovernment sometimes make a law as this is a usual action in the public.The court stricture of UK:Tribunals: this is the first authority to here any matter, here the cases related with matterof asylum, criminal injury, compensation, social security, employment, child security.Magistrate courts: here the case of summery criminal offences are heard which are ofless serious nature. The cases are related with gambling, betting, liqueur licensing which areheard by either a penal of 3 judges or a district judge.Crown court: This deals with criminal cases which are transferred from magistratecourt. This includes rape, murder, sexual assault, robbery (Burtch, Carnahan and Greenwood,2018). The case is heard by a jury and decision is passed by the judge.County court: This court deals with the matters of complicated nature which includes,claims for repayment of loan, breach of contract, mortgage, rent arrears, Here cases are heard byjudge rather than a jury. In other words, it involves in dealing with problems or cases transferredfrom magistrate courts. Hence, example of such cases includes murder, rape and robbery etc. High court:Such court mainly hears or deals with more serious as well as complex civil and family cases/issues. This is divided into three division:- chancery, Family and Queen's Bench division. All theses division deals with different types of cases such as bankruptcy, business disputes, insolvency, company management, and disqualification of directors, intellectual property.Court of Appeal: It is recognized as senior court of England and Wales which handelsmainly two areas such as criminal and civil.Hence, this is divided into two parts: civil and2
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