Business Law Essay for BSc (Hons) - Legal Sources and Court Operations

This essay provides a comprehensive overview of Business Law in the United Kingdom, addressing key aspects of the legal system. It begins by defining law and its sources, including common law, legislation, European Union Law, and the European Convention on Human Rights. The essay then delves into the distinctions between statute law and case law, explaining their roles in both criminal and civil cases. Furthermore, it elucidates the structure and operation of the UK court system, detailing the functions of various courts, such as the Crown Court, High Court, and County Court, and the process of appeals. The essay also explores alternative dispute resolution methods, including mediation and arbitration. The content covers the application of law in both criminal and civil cases and the court system's operation. The essay incorporates references to relevant legal concepts and the practical application of law within the UK legal framework.

Running head: BUSINESS LAW
BUSINESS LAW
Name of the student
Name of the university
Author note

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The English legal structure is grounded on the common law that does not mean that statutes are
less enforceable. The statue law, in fact, codifies certain regulations. The case law is the
gathering of the previous legal decision that is written by tribunals and court in the procedure of
deciding cases where the legislation was examined by application of cases to settle vagueness for
takings decisions on cases. The previous decision is termed as precedents or case laws. The
judicial understanding is differentiated from the statutory legislation that are the codes which are
enacted by legislation as well as regulatory law that are created by the executive organizations
rest on statutes. In some jurisdictions, the case law could be implemented to the ongoing
adjudication, for instance, family law or criminal proceedings. The criminal cases that arrive at
court after deciding by Crown Prosecution Service to act against individuals for crime. The act
of the parliament makes new law or changes to the existing law. An act is a bill which has been
approved by both houses of parliament that is House of Commons and House of Lords and have
given royal assent by the Monarch. Thus combined act of the parliament is termed as statute law
in the United Kingdom (Harding 2019).
The four fundamental sources of the United Kingdom's laws are common law,
legislation, European Union Law, and the European Convention on Human Rights. There is no
single range of documents that entails the whole of the legislation of the United Kingdom. The
legislation is considered as laws that are formulated by the legislature (Bankowski, MacCormick
and Marshall 2016). The legal structure of Wales and England is a common law, and the
judgment of the experienced appellate court becomes the portion of laws. The United Kingdom
is the associate of the European Union that implies the European Union legislation adopts
precedence over the legislation of the United Kingdom. As the member nation of the European

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Council, the United Kingdom is a participant of the European Convention on Human Rights.
From the perspective of judicial structure, the day-to-day functioning of the court of Wales and
England is operated by Majesty court and Tribunals Service (Merryman and Pérez-Perdomo
2018). The individual case is administered by a court that becomes the key portion of the
functioning of court and judiciary staff. Case management concentrates on the procedural law
that is further classified into civil litigation, focusing on individuals as well as criminal
prosecution that is bought by the state. The case administration in the civil case is subject to the
procedure that regulates both Country and High Court litigation.
The High Courts and Appellate court constitute what is designated as Senior Court of
England and also Wales. It is the appellate court that is categorized in criminal and civil
(Blackstone 2017). Thus filing appeal subject to receiving approval that might be granted by
High Court or by Court of Appeal. The cases are usually listened by the three judges comprising
of Head of the Division, in addition, that Lord Judges of Appeal who are the experienced judges
and listen to the appeal cases. The Civil department listens to appeal in the important cases in
family justice and civil matters from the High Court and, in some cases, from Country court as
well as the tribunals such as Employment Appeal Tribunal. The Mercantile Court functioned in
eight local centres all over Wales and England. The Commercial Court has extensive jurisdiction
on international credit and banking as well as trade matters, the juries in such court adjudicate on
commercial conflicts. The Construction and Technology Court shields the zones involving
adjudication enforcement, traditional building litigation, professional and arbitration negligence
assertions, information technology, and engineering conflicts. Case laws are the collection of a
past legal decision that was written by the court as well as similar tribunals in the process of
deciding civil and criminal cases. The court resolves the disputes by examining the law using the

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prior decision to settle ambiguity for determining the current cases. The past decisions are
termed as precedent. In the tradition of the common law, the court determines the cases by
interpreting statutes and implementing the precedents that record how and why the previous
cases have been determined. The common law structure monitors the principle of stare decisis by
which the court is bound by the prior decisions.
The administrative court that exercises regulatory jurisdiction of High Court implies that
it has the authority to supervise legality and quality of the decision making in the lower court and
also listen to appeal for judicial reconsideration on the decision of the public organization. The
admiralty court is the ancient of all specialist court of division, and it deals mainly with the legal
impact of collision at salvage, sea, and cargoes damages (Bankowski, MacCormick and Marshall
2016). The Planning Court that pacts with the judicial reconsideration as well as statutory crisis
engaging planning matters that include applications and appeals connecting to planning
permission, enforcement decision, orders of compulsory purchase. It forms the portion of the
Administrative court (Yilmaz 2016). The Chancery court pact with the partnership claims,
company law, land law, conveyancing, patent, probate, and cases on taxation.
The Crown court throughout Wales and England deals with indictable criminal litigation,
which is shifted from the court of magistrate involving severe criminal cases as rape, murder,
and robbery. Sometimes the defendant condemned in the court of the magistrate is shifted to
Crown court for punishing because of the severity of the crime (Scalia 2018). The crown court
listens to appeals against the decision of the magistrate court. The court that pact with the civil
litigation that is non-criminal and non-family wherein business or individual consider that the
liberties have been violated. This category of civil litigation pact within County court involves
commerce endeavouring to recover the money which is owned by people pursuing order that will

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stop trespass. The more complicate cases that are of civil in nature or those that involve large
quantum of money are entertained by High court. The high court listens more complicated and
severe civil as well as family cases. It comprises three components that are chancery, family, and
Queens Bench.
In the tradition of the common law, the court takes the decision on legislation that is
implemented to cases by construing statutes as well as implementing precedents that record on
why and how prior cases have been resolved. The decision in respect of jurisdiction on civil law
is usually shorter by referring to the statutes. The cause for the differentiation is that the
jurisdiction on civil law cohere to the tradition that the reader must able to infer logic from
statutes and decisions.
There also exists the option for the parties to resolve their dispute at Alternative Dispute
Resolution. Judges suspend cases for 28 days to permit the parties to resolve the dispute by the
procedure of mediation out of the court. Such progress in legal cases is becoming enhancing
common throughout the world. Alternative dispute resolution used to promote cost-effective and
early settlement of cases. The two most common form of ADR is mediation and arbitration.
Negotiation is implemented first to resolve the dispute. Mediation is an informal substitute for
litigation. Mediators are the individuals who are skilled in negotiations and who bring opposing
parties together and attempt to operate out of settlement or agreement that accepted or rejected
by both parties. Arbitration is a formal procedure in comparison to mediation. It resembles a
simplified version of trial engaging simplified rules of evidence and limited discovery.

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References
Bankowski, Z., MacCormick, D.N. and Marshall, G., 2016. Precedent in the United Kingdom.
In Interpreting Precedents (pp. 315-354). Routledge.
Blackstone, W., 2017. Commentaries on the Laws of England: Book III: On Private Wrongs.
Jazzybee Verlag.
Merryman, J.H. and Pérez-Perdomo, R., 2018. The civil law tradition: an introduction to the
legal systems of Europe and Latin America. Stanford University Press.
Scalia, A., 2018. A Matter of Interpretation: Federal Courts and the Law-New Edition (Vol. 47).
Princeton University Press.
Yilmaz, I., 2016. Muslim laws, politics and society in modern nation states: Dynamic legal
pluralisms in England, Turkey and Pakistan. Routledge.
Bankowski, Z., MacCormick, D.N. and Marshall, G., 2016. Precedent in the United Kingdom.
In Interpreting Precedents (pp. 315-354). Routledge.
Harding, A., 2019. The law courts of medieval England (Vol. 18). Routledge.

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