Question :
The objective of this report is to determine legal framework and legal solutions based on business practices. In this regard, it is required to analyze all the legal compliances and practices in order to manage business activities effectively.
- Evaluate basic role of the legal system.
- Identify the potential impact of law on a business firm.
- Discuss appropriate legal solutions for specific business problem.
- Provide a recommendation over appropriate legal solution which are based on alternative legal advice.
Answer :
INTRODUCTION
The legal framework and associated legal solutions has an essential role the the country. They includes all the aspect of a society which can be financially, socially, economically and most important politically. The various legal structures which are formed should fulfil the expectation of their citizens as they are formed to serve them for their betterment. Every natives trust their government which makes various rules and regulations for restricting an unethical practices in the society as well as in corporate world. Therefore it is very important to maintain several aspects which are needed to be improved. The following report consist of depicting various sources of laws and the role of government for making various rules and the applications of various statutory and common laws in a court. Also, the impact of employment and contract law has been discussed which has a major impact on business; along with it the appropriate solutions have been provide for many problems in the conduction of business further accompanied with the justification for the proper usage of appropriate legal structures (Bagley and Dauchy,2011). Also the recommendation for improving the legal system of the country has been provided which covers all the factors and advices which should be maintained in order to implement these regulations on selective purpose.
TASK 1
1. Different sources of law
With respect to various basics which are related to concept of law, the main function of them is maintaining structure of society by controlling certain ill aspects of individuals. These behaviours are enlisted which may lead to violate basic human rights and provide certain punishment, penalties and warnings to violator. Also, the violation of rules which are provided for native citizens are regulated by certain bodies of government. There are basically three types of sources through which several laws are arrived which are Legislation, Common Law and European Union Law. The English laws are applicable for jurisdiction of England and Wales. The structure of legislation is further divided into two categories which are primary and secondary.
Primary Legislation
It comes in the category of delegated legislation which is formulated by deliberate assembly present in a nation. Also, delegates of parliament are provided with the right to issue other secondary legislation. There are several laws which are provided in this category like:
Acts related to Public
These acts are passed by parliament along with the confirmation with royals. These acts can be of two types where one can be modern and the other is old (Jones,2017). The categorisation is based on the chronological order. Some acts are transport act 2000 and other acts which are general since 1988.
Personal and Local Acts
These are introduced to protect privacy of natives which is very crucial in order to maintain their dignity in society. Local acts are comprised of many benefits which are associated with many organisations wile personal acts can be related to grants for citizenship, divorce and changing the name or a title.
Royal Council
Royals play an important role for introducing any new law in the country. These decisions can be changed by parliament as they limit various decisions which are related to civil services, appointments of prime minister and many limitations in overseas.
Secondary Legislation
This is regarded as subordinate legislation which is normally introduced by the representatives of primary legislation authority that includes territorial act, Ireland act, warranty and regulations act and national assembly of Wales Act.
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Common laws are considered as case laws. For providing judgement with respect to any particular law which includes many judicial precedence and related terms that identifies similarities in cases for proceeding to make decisions. The case law comprises of criminal laws, terms and conditions of agency as well as tort laws. These common laws can look similar to other civil laws but the main difference arise around their origin from various individual sources.
European Union laws are known for their always which are similar to all civil laws. These laws are made to maintain the unity of various states and help to set up a trade union which facilitates the trade process among these member states in which they provide lenient laws which have least barriers for conducting any trade. EU makes sure that no member country is being discriminated and all of them flourish in their business activities which would make them economically prosper. It helps to settle down all the related issues which would lead to develop a peaceful environment.
There are many important corporate laws in UK based on some major factors that provides equal rights to employer and employee as well. Some of these aspects include validity of any firm and corporate culture that can be comprised of financial and internal culture among employees. To determine the validity of any organisation, the company’s act of 2006 comes into the role. It deals with the duties of director, taxes related to corporate, institutional transparency directives, structure of private and public companies (Scholes, 2015).
The division and sources of UK law are:
- Treaties: Presence of treaties like Treaty of Rome 1957 and Maastrichit treaty 1992 revised by Treaty of Lisbon 2009. It defines EU's constitution.
- Regulation: It is intended for the purpose of law uniformity in whole community along with impact in each member state.
- Directives: Comprises different fruitful law sources along with use in every member state for leading harmonisation in member states.
- Decision: It gives impact on particular member states, organizations and individuals as well.
P2. Role of government in making laws and application of statutory and common law
The major law making process along with the involvement of government includes:
Conduction of general elections which lead to selection of various details of agenda which is formed by the government. After which various political parties and situations related to socio economic aspects which creates issues on these agendas which are needed to be resolved.
Government facilitates for the process of negotiation in several joint operations related to the scenario of government proposals and also lead to the identification of problems that are generated through it.
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