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Unit 7 Business Law - Nature of Legal System

   

Added on  2020-11-02

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Unit 7Business Law

Table of ContentsIntroduction................................................................................................................................3Scenario 1...................................................................................................................................4LO1 Explanation of the nature of legal system..........................................................................4Explanation of different sources of law..................................................................................4Explanation of the role of the government in law-making and how statutory and commonlaw is applied in the justice courts..........................................................................................6Evaluation of the effectiveness of the legal system in terms of recent reforms anddevelopments..........................................................................................................................8LO2 Illustrate the potential impact of the law on a business.....................................................9Illustrating how company, employment and contract law has a potential impact on thebusiness...................................................................................................................................9Differentiate between legislation, regulations and standards to analyse potential impactsupon business........................................................................................................................12Providing a coherent and critical evaluation of the legal system and law, with evidencedrawn from a range of different relevant examples to support judgements.........................13Scenario 2.................................................................................................................................14LO3 Examine the formation of different types of business organisations...............................14Explore how different types of business organisations are legally formed..........................14Explain how business organizations are managed and formed............................................16Assess the advantages and disadvantages of the formation of different types of businessorganisations.........................................................................................................................18Critically review and evaluate types of business organisations...........................................20LO4 Recommend appropriate legal solutions to resolve areas of dispute...............................21Recommend legal solutions for resolving a range of disputes using example to demonstratehow a party might obtain legal advice and support..............................................................21Compare and contrast different sources of legal advice and support for dispute resolution...............................................................................................................................................23

Evaluate the effectiveness of legal solutions, legal advice and support for disputeresolution..............................................................................................................................24Conclusion................................................................................................................................25References................................................................................................................................26

IntroductionBased on diverse tradition and different culture, English law has been developed. Decisionspresented by the prior justices are recognised as the laws in England as well as Wales. Theroots of various laws and acts are described with the method of law-making from the Houseof Commons. Recent improvements in laws and various acts are also represented. Finally,how numerous company act, labour act etc. produce attractions over the market andvariations among standards, legislation, as well as regulation from the different perception ofbusinesses, are also illustrated.

Scenario 1LO1 Explanation of the nature of legal systemExplanation of different sources of law.In the UK, law is generally developed based on common tradition. Through the judgments ofjustices in the claims caused before by a system of 'judge-made' law which has continuouslymatured over the ages. In English legal practice, these judicial models are a significant sourceof law. The law has been arranged or orderly collected to form a faithful body of legalpractices in these countries. Legislation, Common law, European Union law and the Equity Law are the four majororigins of the UK law. No particular group of reports or papers carries the entirety of the lawof the UK.LegislationThrough the legislature, different laws are shaped as well as designed. For this reason, we callit Legislation. Acts of Parliament are the most significant portions of the legislation.The UK Parliament is considered as the main legislation. It has the ability to pass and holdlaws which will be implemented in all four countries. UK's parliament is formed by twodifferent entities. One is the House of Commons and the other is the House of Lords(MacIntyre, 2018).The House of Commons has 650 Members which are also known as MPs. The contestantwith the highest amount of votes is chosen as MP for that constituency and each person of thecountry has the right of one vote. Each MP represents a fixed geographic area.With almost 800 peers, the House of Lords has been formed where the Queen choose 600formally by the recommendations of the Prime Minister. The rest members are designated bydifferent titles such as "Lord" or "Lady". Generally, senior bishops of the Church of Englandare given this title.

Common lawCommon law is formed from the constitutional practices which empower the judges toconsider the decisions of facts, social customs as well as government guidance duringjudgement. An example of common law is a command that a judge did that states that peoplehave a responsibility to understand obligations and promises. The legal system of Englandand Wales is a common law one, so the judgments made by different courts become a frameof the law.European Union LawEU laws are lighted from several treaties and are the primary law of the EU. Laws which arecreated from different objectives of the treaties are considered as the secondary law.Maintaining proper parliamentary system, almost all of the EU laws are selected and acceptedin the council of the EU which is represented by approximately 28 countries. TheCommission proposes a parliamentary recommendation to the Parliament and Council, whomust accept on the text in order for it to convert EU law. The UK is still a Member of theEuropean Union so that the EU law is also considered all over the UK (MacIntyre, 2018).Equity LawThe word "equity" introduces to a special set of remedies and associated methods included incivil law. These equitable policies and systems are separated from "constitutional" items. Acourt will typically grant equitable solutions when a legal solution is inadequate orincomplete.

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