Understanding the UK Legal System in the Context of Business Law

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This report provides an overview of the UK legal system in the context of business law. It begins by defining laws and identifying the respective legal systems in the UK, differentiating between civil and criminal law, and outlining the hierarchy of courts. The report then explains the sources of law, including primary sources like legislations and case law, and secondary sources such as encyclopedias and legal books. Furthermore, it details the UK law-making process, covering the roles of the legislative, executive, and judiciary branches, as well as the stages a bill goes through to become law. Finally, it touches upon company law and its importance in business operations. The document concludes that business laws are essential for establishing and operating business organizations within a legal framework. Desklib is a platform where students can find similar solved assignments and study resources.
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Legal System for Business
Law
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
PART 1: Classifications of law .......................................................................................................3
Define laws and identify the respective legal systems in the UK. .............................................3
Part 2: Source of law .......................................................................................................................4
Explain sources of law................................................................................................................4
Part 3: UK law making process.......................................................................................................5
Law making process ...................................................................................................................5
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Business laws are those laws that is used upon establishment of business organization.
These laws leads upon making framework developed in order to make various business functions
conducted in more effective manner. Also business law deals with commercial or corporate
activities thus known as corporate laws. Further such laws makes goals and objective achieved in
more effective manner for an business organization. In this various perspective of business is
covered with all factors impacting growth of business. Scope of these laws are wider as they
directly affects business operations. Nature is dynamic as business organization runs in smooth
and effective manner. The deals with hierarchy of courts in UK with various kinds of laws
existing within it. Then different sources of law with role of government in law making is
explained. In the end law of tort is told in relation to negligence.
MAIN BODY
PART 1: Classifications of law
Define laws and identify the respective legal systems in the UK.
Law means those legislation that is used in order to protect individuals and public living
within a country. These laws are formed in relation to various perspectives existing within
country which makes society better place. Under legal system of United Kingdom there are two
main kind of laws which forms base of legal system(Parsons, 2017). These are civil and criminal
laws which has been formed in order to control unwanted activities within society. As per
criminal law offence is committed in relation to crime committed to harm public. In civil laws
wrong performed towards an individual is covered. Both the laws developed different framework
in order to punish person performing such act. In civil law penalty is paid but imprisonment is
not there but in criminal law both penalty and imprisonment is there. Civil law is covered within
civil code of conduct and criminal laws is covered within criminal code of conduct. In civil law
matters relate to property, tort law, banking and money laundering is covered. As per criminal
law offences based over murder, extortion, kidnapping and assault is deal with. These laws make
justice procured through understanding about case in detail. Further these laws has helped
country like UK deal over conditions existing within society. In UK both laws makes country
perform various activities through its legal framework developed. Further these laws created
positive impact upon UK's legal system by providing courts authority to act as per there
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jurisdiction. In UK hierarchy of court is followed within which Supreme Court is highest court of
appeals and all kinds of cases is handled by it. Then comes High Court divided into three parts
Queen's bench dealing with criminal cases, chancellery division dealing with civil cases and then
comes family division handling marriage issues. Further subordinate courts are there known as
court of first instance as they take care of case for first time. Tribunal and juvenile court is there
dealing with issue of employees and children below the age of sixteen. This is how court system
in UK works with more efficiency. There are two main laws that is used within English legal
system to be applied within the courts and its various process. They are statutory and common
law which has been explained as follows:
Statutory Law: In this permanent law is used which has been formed in passing
legislation through parliament process. Under such laws various aspects related to legal system is
covered. Further the laws is used within the court by applying it within the trial process in order
to solve cases related to civil and criminal nature.
Common law: These law that is made over the judgement that has been passed in cases
having landmark decisions. As per this judges helps in making understanding developed over
those aspects which makes laws applied in more effective manner through making proper
judgement passed within it. Further the law is prepared in the form of report making laws
protected within its real means. These laws are used by courts only to understand about special
circumstances. Also it makes laws to be more sustained in effective manner which make
judiciary delivery justice with transparency(Peterson, McDevitt and Soviak, 2018).
Part 2: Source of law
Explain sources of law
The term sources of law is defined as laws that are established to deal with several
aspects that are currently within the society. These are accountable to offer legal aspect with
charges that facilitates in monitoring both criminal and civil nature crimes. Formation of laws is
done through various sources on the basis of information possessed regarding identification of
criminal actions and its nature. There are two types of sources, namely, primary and secondary
that are explained as follows:
Primary sources: These type of sources contains basic information related to legal perspectives
of specific action. Primary sources gives first hand knowledge on law that is needed to be formed
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for welfare of society. There are two main components of primary sources of law and these are
defined as below:
Legislations: It is a type of bill which is introduced within parliament to become a
permanent law which will be universally applicable. It is an essential source of law
formed in United kingdom through a reading process of three stages.
Case law: These are significant laws as they shape the laws according to conditions of
existing society. According to this source, judiciary gives its decision for purpose of
procuring decision in its primary form.
Secondary sources: In this source of law, second hand information is given through basic sources
which proves relation of laws. There are two core components of this type of source that are
explained as under:
Encyclopedia: These sources defines legal terms that is utilized in a specific case as well
as defines the terms related to laws in detail(Sewu, 2019).
Legal books: It provides information related to specific topics which are based on several
laws. It helps students of law in understanding concepts of different laws and legislations
creating academic unity attained by students of law.
Part 3: UK law making process
Law making process
Legal system of an country like UK leads over synchronizing law as per the requirement
possess by them. In order to make legal system run in effective manner and helps in providing
guidance in relation to it three main organs are formed which are legislative, executive and
judiciary. Legislative this is an important organization which is possessed within the law making
process of country. Through this process legislative has been given powers to form law through
using three stage bill process. That has been explained as follows:
First reading: This is very first stage that is used in order to form law. According to the
stage only bill is presented within parliament and its name is read. No discussion is done
within it.
Second reading: According to the stage bill is discussed in detail which makes key areas
of bill high lighted in more effective manner. It makes concern and motive of bill
discussed with various perspectives. Also voting is done over the bill within the stage.
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Committee stage: Detailed line-by-line scrutiny of the text of bill is done through
suggested amendments. Members start at the front of the bill and work through to the
end. Votes may take place to decide whether to make the changes. Any member may take
part and there is no time limit
Report stage: As per this opportunity is created in relation to examine bill which makes
changes done in effective manner. Further voting is taken place on the basis is
amendments made within the bill (Sirait and Siregar, 2018).
Third reading: This is the last stage within which all loopholes and flaws is discussed
with House of Lords. It can be send for amendments by House of Lords if any is found to
be done. The commons should check for the amendments presented by House of Lords.
Further this process is known as ‘ping pong' process.
Consideration of amendments: If the Lords has made changes to the draft law, it is sent to
the Commons to agree. The Commons may accept the Lords change, make its own
change in its place, or reject it. Any Commons changes are sent back to the Lords. There
may be several rounds of this process, known as ‘ping pong'. This is one of the most
important stage in order to make bill permanent law.
Royal Assent: In this stage bill is send to monarch for signatures which makes final
approval made over bill making it permanent law. This power has been given within
Royal Assistance act of UK to monarch. Without it an bill cannot made proper law.
Executive: This is an important organ which is used in order to apply law within society
this makes laws attain relevancy within the aspects of making applicability of law in a country.
In this delegated legislation is covered that procures transparency within law applicability
process(Ulya, 2018). They are also responsible for doing administrative work in smooth and
effective manner. This makes paper work done in effective manner which makes administrative
power used for right purpose. Judiciary: This is third important organ which handles work
related to judiciary and legal system. As per this judges has been given power to use laws for
protecting legal integrity within a country. They hold responsibility for protecting fundamental
right and constitutional framework existing within country. Company law: They are those laws
that has been formed in relation over developing various kinds of aspects making business
organization perform operations with legal perspective. Under business law operations of
company law develops important aspect in relation to business with more effectiveness. Further
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company law is covered within Companies act 2006 through which business operations
performed in organized manner. Also it talks about duties with requirements of directors and
shareholders making business process run in smooth manner. In this both memorandum of
association and article of association is formed. This is understood with the help of example
which is BHU Ltd makes business organization with various aspects covered in effective
manner. In order to establish itself business organization should made AOA with MOA that
defines about goals and objectives of a company.
CONCLUSION
From the above discussion it can be marked out that business laws are the laws that has
been used in order to form business organization as per legal process of a country. As per these
laws business organizations should follow proper framework which makes operations performed
making goals and objectives achieved more easily. In this file things covered is based over basic
definition of law and its impact upon legal system of United Kingdom. Then various sources of
law is explained which has made law formation possible. The in them end law making process
and company law has been explained.
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REFERENCES
Books and Journals
Alpa, G., 2018. The Making of Consumer Law and Policy in Europe and Italy. European
Business Law Review, 29(4).
Anderson IV, R., 2020. Path Dependence, Information, and Contracting in Business Law and
Economics. Wis. L. Rev., p.553.
Bird, R.C., 2018. On the Future of Business Law. J. Legal Stud. Educ., 35, p.301.
Matour, M. and Ameri, F., 2021. Interaction of Intellectual Property Rights and Competition
Law and the Question of Technology Transfer in the Iranian Oil Industry. Petroleum
Business Review, 5(3).
Mitina, S.I. and Isaev, I.A., 2021. Advances in Economics, Business and Management Research.
In Advances in Economics, Business and Management Research (AEBMR) (pp. 224-
228).
Parsons, T., 2017. The law and social control. In The Sociology of Law (pp. 334-338).
Routledge.
Peterson, E.A., McDevitt, W.J. and Soviak, M., 2018. Beyond Black Letter Law: Spirituality in
the Business Law Classroom. JL Bus. & Ethics, 24, p.51.
Sewu, P.L.S., 2019. Good faith as a key principle of business ethics to franchise agreement and
development in Indonesia. Journal of Legal, Ethical and Regulatory Issues, 22(1), pp.1-
7.
Sirait, N.N. and Siregar, M., 2018, January. Correlation between Competition Law Cases and
Corruption (Case Study: Indonesia). In 1st Economics and Business International
Conference 2017 (EBIC 2017) (pp. 125-137). Atlantis Press.
Ulya, N.U., 2018. Peer to peer lending on financial technology under perspective positive law
and Islamic law. Journal of Islamic Business Law, 2(1).
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