Business Law: Role of Statute and Case Law in Civil and Criminal Cases

This essay provides an overview of the English legal system, focusing on the application of statute law and case law in both civil and criminal cases. It begins by defining law and outlining the hierarchy of legal sources, including primary and secondary legislation, and the significance of case law and judicial precedents. The essay explains the process of enacting Acts of Parliament and how statute law and case law are applied by judges in court proceedings. It highlights the importance of these legal sources in delivering judgments and discusses the role of alternative dispute resolution (ADR) methods like mediation, conciliation, and arbitration. The essay concludes that law plays a vital role in regulating human behavior, and that both statute and case law are crucial for effective judicial processes, while also acknowledging the use of ADR methods as an alternative to court proceedings.

Business Law

INTRODUCTION
The law is a set of rules that the state acknowledges and applies in the judicial process.
English law refers to England and Wales' common law judicial system, which consists mostly of
criminal and civil law, with each division possessing its own set of courts and procedures. In
England, there is a hierarchy of sources: primary and secondary legislation, common law and
equity case law laws (derived from precedent decisions), Parliamentary conferences, traditional
customs, and law manuals (Kızılkaya, N., 2021). As a result of BREXIT, the regulation of
European Union Law in England, which was formerly of paramount significance, has come to an
end. The aim of this essay is to understand that how these statutes and case laws are applied by
the judiciary in civil and criminal cases. This also helps in understanding the various alternative
dispute resolution methods used to resolve the matters between the parties in dispute.
MAIN BODY
The rules that helps in the regulation of the people's behavior in a democratic society are
commonly regarded as laws. Legislation (which includes: Acts or laws made by Parliament, by
the statutory instruments or by the Orders of Council, etc.) and case law ( which are the decisions
of higher courts, or of the courts of record, that are binding and which must be followed and
enforced by less senior courts) are the primary sources of legislation.
Case law is made up of court rulings that are issued as "case reports," which are the main
and most basic sources of UK law. Producing authoritative law reports that include the evidence,
questions, and judgments, as well as the legal standards on which the judgement is based, is
critical to the successful implementation of the law. The theory of judicial precedents is a
distinctive feature of English law, in which existing court rulings are a legitimate basis of law for
potential decisions.
An Act of Parliament enacts new legislation or modifies current legislation. An Act is a Bill
that has received Royal Assent from the Monarch since being passed by both the House of
Commons and the House of Lords (Southerland, V., 2020). Acts of Parliament, when taken
together, make up what is known in the United Kingdom as Statute Law.
A Bill, also known as draft legislation, is proposed legislation that must be reviewed by both
Houses through a series of steps that include: first reading, second reading, committee stage,
report stage, third reading, and Royal Assent. The Bill will not become an Act of the

Westminster Parliament until it receives Royal Assent. The Act (statute) will then become law
right away or a deadline will be set for its implementation.
Both statute law and the case laws are the primary sources for all the laws including civil
and criminal laws. Judges while hearing any matter before it, use these primary sources to draw
up conclusions (Rossi, F., 2020). These two sources helps in delivering the decision by the
judges easy. In civil matters, the application of both these laws are very crucial as most of the
cases occurring before the court are similar to those previously been decided. This helps judges
to deliver the decisions speedily with the help of both the precedents and the laws of the statutes.
For example: law of tort do not have any fixed punishment or the amount to be paid is not fixed.
But the judges while referring to the precedents decides the punishment and the amount the
innocent party deserves. Similarly in criminal cases the application of these two laws are very
important as the statute helps in deciding the punishment and the fine to be imposed upon the
parties and also the precedents helps in supporting the statute being applied to a particular matter
in question.
Criminal offences are tried in the Magistrates' Courts in the first place, with more complex
cases heard in the Crown Court (Flannigan, 2020). The Criminal Division of the Court of Appeal
hears appeals. The County Courts (for minor claims) or the High Court (which is split into three
divisions: Queen's Bench, Family, and Chancery) hear civil litigation in first instance. Appeals to
the Court of Appeal are possible (Civil Division). Cases will be referred to the High Court from
the County Court.
When the parties do not wish to approach court for any matter, they opt for the alternative
dispute resolution (ADR) method. This helps them to keep the matter private and help in
safeguarding their reputation. There are several methods of ADR like: mediation, conciliation,
arbitration, etc.
The parties consult with a mediator willingly to resolve their disagreement and attempt to
find an understanding through mediation. The mediator does not make the definitive decision;
however, they attempt to assist the parties in reaching a mutual understanding.
Conciliation is similar to mediation given that it is a voluntary process in which everything
said is kept private (Schooler and Gilman, 2020). Instead of a mediator, a conciliator is
appointed. The conciliator is an impartial third person who, like a mediator, but they also give
suggestions for resolving the conflict.

Using the principles laid out in the Arbitration Act 1996, arbitration operates in a manner
that is somewhat close to how a legal case will run (OGU-JUDE, M., 2020). The disagreement
will be heard by a nominated arbitrator, who will then determine what steps can be taken. An
award is the product of an arbitrator's ruling, which is binding on the parties.
The statute laws and case laws are considered to make litigation process easy and speedy.
Rule regulate conduct of individuals and it is important that authorities look at the fact that these
are being implemented and applied fairly while delivering decisions.
CONCLUSION
From the discussion above, it is concluded that, law plays vital role in the regulation of the
human behaviour and its activities. The primary sources of laws i.e. the case laws and statute
helps in delivering judgments in both the civil and criminal cases effectively. These sources of
law are considered as very important as it application in the judiciary process is very helping and
the process is speedy. Although there are various other sources which parties choose to resolve
dispute so that they do not have to go to courts. Such as: arbitration, mediation, etc. but these
process too decides the matter in compliance with the statute laws and the case laws to support
their case and arguments.

REFERENCES
Books and Journals
Flannigan, L., 2020. Litigants in the English “Court of Poor Men’s Causes,” or Court of
Requests, 1515–25. Law and History Review, 38(2), pp.303-337.
Kızılkaya, N., 2021. Sources of the Legal Maxims. In Legal Maxims in Islamic Law (pp. 49-62).
Brill Nijhoff.
OGU-JUDE, M., 2020. The Impact of Case Law on the Duty of Trust and Confidence in the
English Legal System. Available at SSRN 3575500.
Rossi, F., 2020. The Exercise of Penal Action in the Italian Legal System: Between Mandatory
Prosecution and Grounds for Discretion.
Schooler, L.M. and Gilman, L., 2020. Private Juries within the Arbitration Framework: A Third
Path in Dispute Resolution. Pepperdine Dispute Resolution Law Journal, Forthcoming.
Southerland, V., 2020. The Intersection of Race and Algorithmic Tools in the Criminal Legal
System. Maryland Law Review, Forthcoming.