In-Depth Report on UK Business Law: Legal System, Legislation & Impact

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Added on  2023/06/05

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This report provides an overview of the UK legal system and its impact on businesses. It discusses the sources of law, the government's role in legislation, and the effects of different laws on various business organizations, including sole proprietorships and limited liability partnerships. The report also differentiates between legislation, regulations, and standards, and critically assesses the formation of different types of organizations, highlighting the legal obligations and requirements for businesses operating in the UK. The document is available on Desklib, a platform offering study tools and resources for students.
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Unit 7: Business Law
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INTRODUCTION
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The business has a direct impact on the law and is very important and
extensive for a company. There are different types of business models in
the UK that play a very important role in business. To understand the
depth of this subject we will go through from the nature of the legal system
in the UK and the source of the law, the government's role in legislation,
the impact of different laws on each type of business and the formation of
different types of business organizations with their funding and
management who have the best fit for the UK business model and its legal
sources (Begum, 2020). As we cover the entire subject point by point, we
learn about serious legislative changes in the UK and their main scenarios
within your organization's sources. In addition, this important
information provides a better overview of the legal system in the United
Kingdom and the role that the government plays in the same legal system
in the country.
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MAIN BODY
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LO1 - TYPE OF LEGAL SYSTEM:
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The UK has four countries, namely Scotland, England and Wales and
Northern Ireland, each of which has its own jurisdiction and court laws
applying different jurisdictions have been derived through acts of
parliament and statutory instruments. They have different jurisdictions
and courts that can decide matters according to their court order, but all
matters rest with the UK Supreme Court (Blindell, 2021). The country's
legal system works well and there is still no written constitution for the
country as the Queen is the head of state but all major powers reside
within the government which has all executive functions. Since the Labor
government came into force in 1997, there have been important
constitutional rules. They immediately start the decentralization process,
which means that some areas of government are transferred to countries
that make up the United Kingdom.
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VARIOUS LEGAL SOURCES:
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In the UK there are mainly 3 sources of law before 31 December 2020, but
after leaving the EU the UK has 2 sources of law which make them
unconstitutional laws:
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JURISDICTION :
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The decision of the magistrate or higher court made by the judge is binding
on any lower court in the country. Going through precedents in previous
cases helps the court make a decision on the same facts when the same case
has already been decided in the past. As soon as a case has to be decided
on the same facts as a new case, the case will be dealt with in the same way
as before, since according to the principle of "stare decisis" this means
"standing by what is decided", the lower court follows the established
precedence previous case with similar facts and if facts were similar
sufficient and not exactly the same as the judge has options:
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1) Distinguish: When the facts are different, the judges have the opportunity
to distinguish 2 cases and they do not have to refer to the decision of
previous cases.
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2) OVERRULE: If the decision in a case is made by a lower court, the upper
court can overrule the judgment of the lower court in the same case
(Baillie, 2019).
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