Unit 7 Business Law Report: Sources, System, and Legislation

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This report provides a detailed analysis of business law within the UK context. It begins by exploring the various sources of law, including legislation, common law, and European Union law, and examines the law-making authority in the UK. The report then assesses the effectiveness of the English legal system, highlighting the roles of different courts and judicial processes. Furthermore, it delves into the impact of specific business legislations, such as company law, employment law, and contract law, on business operations. The report also includes relevant case laws to illustrate the application of legal principles. In conclusion, the report emphasizes the importance of a legal framework for business activities and operations, ensuring they are carried out legally and systematically.
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Business Law
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Various Sources of Laws.............................................................................................................3
Law making Authority.................................................................................................................4
The English Legal System's Effectiveness..................................................................................4
Business Legislations and Their Effects on businesses...............................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Business Laws are the laws which deals over providing set of guidelines which has helped in
making an organization establish itself in more impactful manner. These kinds of laws leads
towards strengthening of legality in relation over legislation passed by government of a country.
Under these laws commercialization and issues related to it is been deal in more impactful
manner. Such legal issues has made corporate laws been established in more effective manner
leading towards making various process worked in more organized way. These laws administers
different aspects of business entities by applying common law principles within it. Business laws
helps in managing different business entity that is been governed by law. This report is based
upon legal system of UK and elements of business law. Then it leads towards understanding in
relation to sources of law and laws related to business activities.
MAIN BODY
Various Sources of Laws
Secondary sources comprise journals, publications, and judicial websites in the United
Kingdom, whilst primary sources include legislation, common law, and European Union law.
The most important sources are briefly discussed here. Legislation: These are refereed as those laws and legislation that has been passed as per
the process given under constitution of a country. Such law impacts legal process existing
within society. Under it three reading process is been followed within bill is been
presented in the form of draft and then proper discussion is done within it. The end stage
of the process is royal assent which is provided by monarch. Common Law: In this judgement is been passed by judges which becomes law. Such
judgement passed is based upon analysis done regarding case law which has lead over
amending law in more affective manner.
Law of the European Union: Being member of European law which has helped in
developing framework for national law related to legal aspects of European legal system.
In this decision of European Court of Justice has become renounced law making
strengthening of legal framework in UK (Musson, 2018).
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Law making Authority
Without a question, the most essential source of law is legislation. Parliament is the highest
legal regulating power. Legislation is initially proposed by Parliament in the form of a bill.
Members of Parliament (MPs) introduce the public bill, which affects the entire population. MPs
who are not members of the government, on the other hand, introduce private legislation. The
House of Commons and the House of Lords are the two chambers of parliament. Before being
transmitted to the House of Lords, where it obtains Royal Assent and becomes an act, the bill
goes through various stages and is voted on by both houses (Aliverti, 2019). Statutory Law refers
to legal norms and standards established by legislation, whereas Common Law refers to law
established by court decisions. This is the process which is followed by the members of
parliament in the united kingdom with the help of which any opinion or though proposed in the
parliament as bill is enacted as a law which also becomes legally binding in nature upon all who
are part of it and to the individuals which are connected to that subject in any relevant manner.
The English Legal System's Effectiveness
In English legal system various aspects is been covered based upon judicial proceedings
which is covered under judicial system of United Kingdom which is applicable to England,
Wales, Scotland, and Northern Ireland. In United kingdom courts has been given power in
relation to jurisdiction that has been provided with the court. Also these courts deals over various
kinds of legal aspects which has been making judiciary develop mechanism that makes all kinds
of cases handled in more affective manner. Judicial system of United Kingdom has lead towards
developing of courts over handling of cases based on civil and criminal nature. In UK herachy of
court is been followed which defines about various courts and its functions. According to this
highest court of appeal is Supreme Court that has got all powers related to handling cases of all
nature with appeals that has been passed fork high court. Then comes High courts which has
been given power mainly in relation to appeal, challenging judgements passed by lower courts. It
is divided into three division which is Queens court for dealing over criminal matters, Chancellor
division which deals with civil courts and family courts seeking into matters based upon
marriage and children attained from it. Also other family disputes resulting in separation of
family. Some relevant cases in relation over these jurisdiction is as Young v Bristol Aeroplane
Co. Ltd in this case civil division of High court is been used which makes expectations related to
binding an effective rule is applied. Luther the case mainly defines about civil divisions and its
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various aspects. In relation to criminal division R v Greater Manchester Cororner in this previous
judgement has been passed in relation to an error within which court is not bound over following
judgement. This is applied over jurisdiction of Queens bench that is based over High court
division. Further theory of stare makes binding of legal entities possible in relation over decision
passed by Supreme Court and courts of Appeal. In this exclusion is higher over divisional courts
and binding rules.
Then comes lower courts which is known as court of first instance and has been deal with
an issues in first place. Also row courts is been given power in order to make sure that appeal
that has been sentenced is been transferred to magistrate courts. Such crown court judgements is
required to be followed by parties in making exclusive decision taken as per various aspects of
cases but is not bound to be followed by any other court. In unique situation and there moulding
as over law is been explained. In order to make improvement possible English Legal system is
vital over protecting religion or includes question of religion within it.
Different judgements has lead upon making various framework in relation to legal system
developed has been developed in the form of National Crime Agency, founded in 2013, and the
Ministry of Justice, founded in 2007 with Consumer Rights Act of 2015.
Business Legislations and Their Effects on businesses
The following are the three management approaches employed by businesses: Legislation: a legislative body tasked for making legislation Regulations: The government or a regulatory authority imposes regulations. These are
necessary for the legislation to be enforced.
Standards: These are government-created norms or standards for assessing the
effectiveness of rules or procedures.
The following are the laws that have an impact on company operations:- Law of Companies: These are those laws which deal with various aspects related ton
corporate organizations and its functioning. Such laws is been covered within Company
Law Act of 2006 that helps in making sure that incorporation process is been improved
with removing complexity in its working or establishment. Relevant case law regarding
this is based over Salomon v Salomon Co. Ltd in this case idea has been developed in
relation over 'lifting the curtain,' that makes courts look behind the processes which
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makes legal protection attained in relation to duties of shareholders within an
organization.(Watson, 2019). Employment Laws: These laws deals over those important aspects which makes
relationship between employer and employee improved. In this all aspect related to
employee is discussed with protection of its rights and duties. Such law is covered with
Equality act 2010, Employment Right act 1996 and Data Protection Act of 1998 which
makes employees protection involved within it. These laws are important for improving
business environment in more affective manner.
Law of Contracts: Contract law are the laws that makes agreement formed within parties
and individual which makes rules and regulation regarding agreement been developed in
more organized way. This makes an organization deal with necessary condition that
makes parties do business in successful way. (Dent, 2020). Contract law guarantees that
all of the necessary conditions are met and that the parties may do business successfully
and efficiently.
CONCLUSION
The aforementioned resulted in the completion of one tasks, the first of which assessed the
numerous sources of laws which were briefly examined. English Legal System was also
discussed in this report along with the influence of corporate law, employment law, and contract
law on business performance is also investigated. Businesses are of various types and all of them
needs common legislation so that the activities and operations of the organisations are carried out
in a legal and systematic manner. This helps not only the business but also all the people who are
associated with it.
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REFERENCES
Books and Journals
Aliverti, A., 2019. Law, nation and race: Exploring law’s cultural power in delimiting belonging
in English courtrooms. Social & Legal Studies, 28(3), pp.281-302.
Dent, C., 2020. The introduction of duty into English law and the development of the legal
subject. Oxford Journal of Legal Studies, 40(1), pp.158-182.
Durston, G.J., 2019. Crimen Exceptum: The English Witch Prosecution in Context. Waterside
Press.
Monzó-Nebot, E., 2018. Translation and culture in legal settings and institutions. In The
Routledge Handbook of Translation and Culture (pp. 463-482). Routledge.
Musson, A., 2018. Medieval law in context: the growth of legal consciousness from Magna
Carta to the Peasants’ Revolt. Manchester University Press.
Watson, K.D., 2019. Medicine and Justice: Medico-Legal Practice in England and Wales, 1700–
1914. Routledge.
Wessels, B. and Madaus, S. eds., 2020. Rescue of Business in Europe. Oxford University Press,
USA.
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