Question :
This unit state that you are working in a start-up firm and advising them to follow legislation & legal system, so handbook had to be designed for new companies to support business operations.
- Examine the nature of legal system
- Describe the impact of law on business activities.
- Provide legal solution to the business problem.
- Recommend legal solution based on the alternative advice.
Answer :
INTRODUCTION
Business law refers to legal rules and regulations imposed on organisations while conducting any type of business or trade in a particular market. It is very important for entrepreneurs to consider each and every law in order to legally perform their business activities. Present report will determine the framework of English legal system including civil and criminal law. In addition to this, various sources of law will be identified in the assignment, for example legislation, case law, human rights, etc. The report will also determine workplace safety measures and duties of directors as well as manager while getting the company registered. Furthermore, Alternative Dispute Resolution will also be discussed in the report along with its benefits.
TASK 1
P1. English legal system and various sources of law
The English legal system is considered in Wales and England which include both civil and criminal law. None of the code of conduct is followed as the law is developed by professional judges in the court and the laws are prepared with reference to previous decisions and cases. In the United Kingdom, Supreme Court is known as the top most appellate(Waldron and et.al, 2017).
The English legal system is known to be one of the biggest legal systems in Europe. It is also widely present in English colonies such as Canada, Australia, USA, New Zealand and Australia. The English law system can be classified mainly into following parts -
- Civil law – The civil law is related to dispute in between two parties such as consumer and supplier, employee and employer, etc. In these types of cases, aggrieved party sues other party with an aim of attaining justice in court. The guilty party needs to pay for the damages caused. It consists of torts like nuisance, negligence, breach of contract and defamation. The main elements of civil law are County courts, High court of Justice and Court of Appeal; these bodies take care that the law imposed are been followed properly.
- Criminal law – It is regarding crimes and offenses within the society which are accused by the community, state or nation. The criminals are punished in order to prevent and stop illegal activities. Major constituent that deals with the criminal laws are crown court, court of appeal and magistrate courts(Schaffer and et.al, 2017).
The supreme authority involved in law developing procedure is the Parliament of the nation. The main sources of law are as follows -
- Case law – It plays an important role in developing law. The laws developed interpret the statutes. Various situations and circumstances need to be covered in the process of making any law. The court tries to interpret law which has been approved or sanctioned by the parliament. It also simplifies complex language and also identify errors which occur in developing the statue. It is necessary to correctly interpret the provided provisions as decisions taken by court are on the basis of the same. In addition to this, it also assists in taking accurate and consistent decisions in the cases that can arise with regard to future cases. It also predicts the results of various cases(Ferrell and et.al, 2016).
- Legislation – It is starting at the point when the members of parliament introduce the bill at the parliament which may influence a huge amount of public in the nation. The private bills which are brought by non-government members that affect only a particular type of locality or individuals. It involves initial reading, secondary reading and various stages of committee and report. At last, it also includes third reading before it is forwarded to House of Lords. Important amendments are made within House of Lords in the bill that was presented previously. Once it gets royal assent, the bill gets approval and it is accepted as a part of law. It also unifies existing laws in which various statutes come altogether as one with no changes. For example: The insolvency act, 1986.
- European Union Law – United Kingdom is a member state within European Union that also presents adaptability of European Union in the United Kingdom. It requires following provisions of justice of the European Union.
- Human rights law – UK is a main or signatory country in the European convention of Human rights. The Human right's act, 1998 assists the courts of United Kingdom in order to protect the various rights which are already identified by European convention of Human rights. It highly affects the law making procedure in UK.
P2 Role of government in making law
Government assumes crucial part in law making process. Government MPs bring the bill which can be changed over into law after a few readings, revisions and so forth. Different advances are engaged with law making process, for example -
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Development of an issue |
Various political gatherings battles in the decision where they crusade themselves in by examining their dreams to the general population. It causes them to pick up votes and win in the race. In the wake of influencing the administration they to choose to satisfy the guarantees made by them in decision statement. |
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Tending to the issue |
After distinguishing the issue, the legislature chooses that how the issue can be tended to. Proposals of new laws in view of scope of issues, for example, well-being, instruction, tax collection and so on is managed. The resistance parties must be concur with the proposition as government pastors. |
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Interested people are consulted |
Only pastors bolster can't secret a thought into law. The proposition and its practicality is counseled with the specialists, intrigue gatherings and individuals who can get influenced with the arrangement. They are requested to remark on proposition on a green paper. It can likewise deliver white paper which is a firmer proclamation about government goals |
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