Business Law: Sources, Role of Government, and Legal Solutions

Business Law

Contents
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INTRODUCTION
Business law is that branch of legal system which governs commercial transactions for carrying
the operations in a business organisation. It is useful for running the business smoothly and
lawfully. There are rules which are in addition to the main legal provisions but hold equal
importance. It is applicable on different types of organisation which can be a company,
partnership firm, and many more (Clarkson, Miller and Cross, 2014). In addition to this, fines
and punishments are also given in case of breach of any of the business law provisions. This
report covers explanation of legal system along with sources and role of government followed by
application of statutory and common law in justice courts. Furthermore, different legal formats
of a business and their management together with how they are funded, impact of various
implications of different types of laws and legal solutions for business problems have been also
included.
MAIN BODY
P1. Sources of law
English legal system is based on the one single unwritten constitution which has legal provisions
for the part that is available in written form. It has its own judiciary system divided into civil and
criminal branches. It has been considered as a foundation for developing legal system by
different countries (Miller, 2015). There have been many laws and rules included in this as a part
of amendments. In other terms, it has evolved which has expanded its scope. There are different
types of sources which can be used for understanding the application of statues in English legal
system. Some of these are as follows:
Primary sources: These sources are first hand information in the original form which has
been kept without any interpretation or addition. These have been provided below:
 Case law- This one of the most authentic source which contains judgement passed by the
judges in different cases. These are comprised in a report form which can be used for
removing any doubts from the legal provisions.
 Legislation- Legislative bodies are there which have inducted various kinds of laws for
the portion of the constitution which is available in written form. Statues and rules
governing the acts of people living in UK.
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Secondary sources: The information from the primary sources interpreted in order to make
the law easy to understand for everyone. These are as follows:
 Legal encyclopaedias- Different kinds of encyclopaedias are there which provide
information of legal terms so that clarity can be gained in order to used them for the
benefit. Halsbury’s law of England and Wales is the preferred legal encyclopaedia
(Gillespie, 2013).
 Publications- These comprises of debate, speeches given by members of parliament.
Many main points are highlighted about the laws to be enacted. Also, there are non
parliamentary publications which contain the reports posted by government agencies.
 Law commission- A commission has been set up by the government of UK to review the
laws which are applicable within the country. They make suggestions and
recommendations for improving the existing legal system. The forward there suggestions
to the interested parties and general public for obtaining their approval.
 Textbooks- These are the books written for the students who are studying in the high
schools. The language used is very easy to understand and already interpreted by
different authors. It is readily available for a person to explore.
P2. Role of government in law making and application of common and statutory law in judicial
courts
Government play a major role in law making by providing different acts and rules for
governing the conduct of individuals as well as organisations. Its role has been divided into three
divisions which have been elaborated below:
Executive role- This role is connected with the activity of reviewing the enforcement and
execution of existing legal provisions within the country. This bench comprises of Queen, Prime
Minister and other cabinet ministers. The work is of administrative nature.
Legislative role- There are two houses in the parliament viz. House of commons and house of
Lords which comes under the role of presenting bills in the parliament for their conversion into
acts. Legislations enacted govern the activities of people living in the country. There are
punishments as well as fines which can be imposed for wrong conduct (Hage, 2017).
Judiciary role- This role is related to the development of various courts in the judiciary
system of UK. Courts entertain cases with a view to pass judgements which can help the parties
in resolving the dispute. Therefore, rest of the members in the government have the role of
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