Business Law: Legal Systems, Government Role, and Recent Reforms

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Added on  2020/11/13

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This report provides a comprehensive overview of business law, encompassing various aspects such as the regulation of commercial entities, different types of business law (employment, antitrust, etc.), and the role of business law attorneys in company formation and contract protection. It delves into the structure of legal systems worldwide, including civil, common, and religious laws, and outlines their functions in maintaining order, establishing standards, and resolving disputes. The report further examines the criminal justice system, government's regulation of business activities, and the impact of law on businesses, particularly within the UK context. It also discusses the role of the executive branch, parliament, and the judiciary in lawmaking and the application of statutory and common law. The report assesses the effectiveness of the legal system in terms of recent reforms, such as the creation of family courts and track courts, and provides a critical evaluation of the legal system, drawing on examples from the UK's legal framework, including Scotland, England, Wales and Northern Ireland, and the division of powers within the UK constitution. The report also outlines key legal terminology and the differences between civil and criminal law.
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BUSINESS LAW :
It is the law that governs what happens with commercial matters like regulation of commercial
entities, and regulation of commercial transactions. There are various types of business law such
as employment law, immigration law, consumer goods sale, antitrust, intellectual property etc.
Business law attorneys helps in formation of business by advising how to form and register the
company. They also advises us about the contracts formation by ensuring that our rights and
interests are protected.
LEGAL SYSTEM :
A country’s law regulates business practices , policies, rights and obligations involved in the
business transactions. The most major legal systems throughout the world are : civil law,
common law, customary law, religious law, mixed law. The purposes and functions of business
law includes maintaining order, establishing standards , protecting rights and liberties and
resolving disputes when it comes to the interaction between the business and government
agencies or individuals or other businesses.
JUSTICE SYSTEM :
A criminal justice system is a set of legal as well social institutions for enacting the criminal law
according to a set of procedural rules and limitations. The government regulates the business
activities like competitive practices, industry specific practices, monetary regulation and some
general issues of concern.
IMPACT OF LAW IN BUSINESS :
Rules and regulations which are implemented to control business operation. These laws are to
protect consumers and also the competition that exists between business . the business that
doesn’t obey any of these laws will face fines and penalties. Every business has the impact of
law according to the country in which the business located. Like we can say in UK the laws are
imposed by the UK government. Legislation mainly acts as a constraint on business. The main
areas of legislation that affect businesses are employment law, consumer protection and
competition law.
LEGAL SYSTEMS :
It is generally a system that establishes the rules of a given society and rights of the people who
make up that society. A legal system is set up by the constitution, customs applied by the court,
subsidiary legislation made by persons who are enabled by primary legislation.
The purpose of law is only to protect the smallest minority that has ever existed because a free
society has a law in which each and every men live but as oppose to a whim-ridden rule of men.
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There are many sources from which laws are derived. Some sources are constitutions,
executives, judiciaries, administrative agencies, and international agencies. Constitution law
which is a constitution that over rides other sources of law and it is very difficult to amend.
Legislative- enactment- statute is a secondary legislation which is usually not subject full of
parliamentary guidelines but can be enacted faster.
DIVISIONS AND KEY TERMINOLOGY OF LEGAL SYSTEMS :
ADMISSIBLE : It refers to the evidence that may be considered by the Honorable Judge
or Jury in civil and criminal cases.
BANKRUPTCY COURT : The bankruptcy judges where they indulge in regular active
service in each district.
FELONY : A serious crime, usually punishable by at least one year in prison.
COURT : It is government entity that is authorized to resolve legal disputes.
DE JURE : Latin meaning “in law” . Something that exists by operation of law.
DIFFERENCES BETWEEN CIVIL LAW AND CRIMINAL LAW :
Criminal law seeks to punish for an offence whereas civil law seeks to achieve remedy
for the injured party.
Criminal law aims to prevent offenders and others in the society from offending whereas
civil law aims with disputes between individuals and organizations.
The decisions in criminal case is guilty or not guilty whereas in civil court it will be liable
or not liable.
ROLE OF GOVERNMENT :
The executive branch of government will draft the laws and send to the parliament . the
parliament will review , amend and pass the laws.
ORGANISATION OF JUDICIARY :
Judiciary system which is a system of courts that administrates justice in the name of the
sovereign or the state. The organization of judiciary in UK are three separate legal judiciaries in
the name of England and Wales, Northern Ireland and Scotland. In most cases the Supreme court
will be the head for final court of appeal.
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P1 : Explain different sources of law :
CONSTITUTIONS : It is the fundamental law of country. It is a source of law that
allocates power between legislative, executive and judicial branches.
LEGISLATURES : It enacts statutes or statutory law. A statute is a law passed by
legislature whereas statutory body is the law of resulting from statutes.
EXECUTIVES : The highest federal executive is the President. Executive orders are
issued by the president for interpreting or implementing fedral laws or policies
P2 : Explain the role of government in lawmaking and hoe statutory and
common law is applied in the justice courts.
As discussed the executive branch of government drafts the laws and The Parliament will
review , amend and pass the laws. Individual members of the parliaments cn also draft laws
but few of these laws will reach committee stage and also fewer are ever passed.
Common law is an effect legal precedent which are made by judges sitting in the court. This
is a fluid way in which the judges interpret the law using their common sense and applying
the facts of the case they are hearing .
M1 : Evaluate the effectiveness of the legal system in terms of recent reforms
and developments.
An effective legal system should provide mechanism, procedures, processes that ensures all
individuals receive a fair and unbiased hearing. In UK there is an unwritten constitution in
which there is no single written document that sets out the rights of individual citizens and
how the government should enact. Most of the main features of country’s political ,
economic and social life are greater or less extent embedded in statutes or code of law.
D1 : Provide a coherent and critical evaluation of the legal system and law ,
with evidence drawn from a range of different relevant examples to support
judgment.
The three legal systems which are Scotland , England and Wales and Northern Ireland. The
law making power is been given to the Parliament which is responsible for formulating laws
and reform them in the future. The UK constitution has the division of powers. They are not
rigid but certain reforms have been made in the past. Creation of family courts and track
courts are there for resolving minor issues.
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