Comprehensive Analysis of Business Law Principles and Practices

This essay provides a comprehensive overview of business law, defining law and its sources, including primary and secondary sources, statutes, and case law. It distinguishes between criminal and civil law and explores the evolution of the legal system in England and Wales. The essay details various types of tribunals, including the first tier and upper tier tribunals, and their functions. It also discusses Alternative Dispute Resolution (ADR) methods like mediation, arbitration, and conciliation, highlighting their differences from tribunals and advantages in terms of cost and efficiency. The essay concludes by summarizing the key aspects of the legal system, different types of cases, and the ADR and tribunal systems.

Business Law
Tables of contents

1. Introduction 1
2. Main body 1
3. Conclusion 3
4. References 4

Introduction:
The term law can be defined as a set of rules and regulations that are formulated to
keep the citizens of the country in peace and order. These laws are formulated by the
parliament of the country
(Eduardovna, and Borysovna, 2020). Furthermore, these laws are applicable to each
and every citizen of the country. This report explains about the business law.
Main Body:
According to Austin, law is a command that is sanctioned by the government and
applicable to all citizens of the country. The law is mandatory to be followed by every citizen
of the country. Moreover, there are basically two sources of law namely primary law and the
secondary law. The primary source of law is the law that is framed by the authorised body of
law. The authorised body of law is legislation of the country. The secondary source of data is
not in codified form like the primary source of law(Sun, 2021 ). The secondary source of law
is the information of law that is obtained by journals, commentaries,etc. Furthermore, the
statue can be defined as the codified form of law that is formulated by the legislature of the
country. The case law are the rulings and the judgements of the cases that are decided by the
courts of the country. They are the basis of many judgements given by the subordinate courts
of the country. The subordinate courts are bound to follow the judgments of high courts and
the Supreme Court of the country. Moreover, criminal laws are the laws that judge the
criminal matters of the case. The criminal matter includes all the criminal acts like rape,
robbery,theft, etc. done by the criminals(Liebmann , 2000). Furthermore, the civil law are the
laws that govern the civil matters of the case. These cases are filed in the civil courts of the
country. The civil matters mainly includes matters where monetary compensation is given to
the aggrieved party by the civil courts of the country. These laws govern the land, property,
and marriage laws of the country. The criminal laws are applied in cases which have loss to
life, grivious hurt to the aggrived party like rape and murder. The civil laws are applied to
family law cases, intellectual property law, etc. The evolution of the legal system in England
and Wales can be seen from the middle ages when the court of the King court of Curia Regis.
This was the single court established for whole citizens residing at Westminster. These courts
followed the judgements of the royal courts. The English law has its basis and origin from
this court(Cortes , 2015).
Furthermore, there are various types of tribunals in the country. This essay discusses
the first tier tribunal and the upper tier tribunal generally, the first tier tribunal deals with the
decision of giving permission to stay in the UK or not. They also deal with the bail
application for the immigration detention to the aggrieved parties of the case. There are
generally seven different chambers of the first tier tribunal of the country. It also deals with
the appeals done against the judgements given by the Home Office of the country. Moreover,
the upper tribunal is responsible for taking appeals that are rejected by the first tier tribunal
of the country
(Sossin., 2011). It includes matters related to asylum, right to stay in the UK, etc. It
is also responsible for making judicial review over the cases that are held in the

subordinate courts of the country. It is necessary to prove the error of law done by
the judge of the First tier tribunal while requesting to appeal in the upper tribunal of
the country.
Moreover, the ADR is the Alternative Dispute Resolution System that is set up by the
government of the country in order to solve the cases by speedy process. The ADR solves the
cases at very low prices as there is no involvement of courts in this process. The parties of the
case have to file the case in ADR in order to get judgement from ADR. The ADR helps the
party to save its money by not paying to solicitors , barristers for practising law. There are
also various fees that are applicable while filing cases to courts which are not applied to the
ADR. The ADR is very cost friendly as compared to the courts of the country. The mediation
is a process where the case is decided by the third party to whom both the parties
trust(Mahmood , 2012). These cases are held for judgement in front of the mediator.
Furthermore, the arbitration is the determination of a decision given by the third party. The
third party in this case is an independent party who does not have any personal interest in
favour of any party in the case. The judgement given in the arbitration is called the arbitration
award which is binding on both the parties of the case. Moreover, conciliation is also a type
of ADR system where the neutral third party gives the judgement of the case. The
conciliatory in this case is an independent body or the group of independent bodies that
hears the case.
There are various differences between the ADR and the tribunal. One of the
differences is that ADR has a narrow scope as compared to the tribunal. The ADR provides
court free judgements to the parties. On the contrary to this, the tribunal is a part of the courts
of the country. Furthermore, the ADR is efficient and effective as compared to the tribunals
of the country.
Conclusion:
This essay summarises the legal system of the country. It describes the different types
of cases. It also details the ADR system of the country. Moreover, it discusses the case laws
and statues of the country. There are various types of ADR including conciliation, arbitration,
mediation, etc. it also explains about the tribunal system of the country.

References
Eduardovna, Z.N. and Borysovna, K.N., 2020. COMPARATIVE ANALYSIS OF
CORPORATE LAW OF UKRAINE AND THE UK. Humanities and Social
Sciences in Europe: Achievements and Perspectives, p.88.
Sun, L., 2021. Juan Antonio Caldero Faculty of Business and Law, Coventry University, UK.
Journal of Language Teaching and Research, 12(5), pp.724-734.
Liebmann, M., 2000. Mediation in context. Jessica Kingsley Publishers.
Cortes, P., 2015. The Promotion of Civil and Commercial Mediation in the UK. University of
Leicester School of Law Research Paper, (15-23).
Sossin, L., 2011. Reflections on the UK Tribunal Reform: A Canadian Perspective.
Canadian Journal of Administrative Law & Practice, 24, p.17.
Mahmood, T., 2012. The application of the Muslim Arbitration Tribunal within the UK and
its perception (Doctoral dissertation, University of Glasgow).