BUSI 2301 Business Law Assignment Help
Explain the nature of the legal system.
1. Identify and explain the key sources of law in the UK. How does the EU impact on UK law-making? Your answer must also include an explanation of delegated legislation and why it is used.
2. Outline the government's role in the UK legal system and explain the process for creating new laws in the UK. How is law used and applied in the justice courts? Explain the structure and hierarchy of the courts. Your answer must identify the factors that determine in which courts civil and criminal cases are heard.
Illustrate the potential impact of the law on a business.
1. Define the following areas of law and evaluate how each could potentially affect a /1 business, giving specific examples to support your answer:
- Contract law
- Employment law
- Company law
Do all laws affect a business equally? Analyse how legislation, regulations and standards can affect a business.
2. Evaluate the effectiveness of recent reforms and developments in the UK legal system. Are they useful? Why?
3. Critically evaluate law and the legal system as a whole in the UK. Give examples to support your answer.
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Legal Systems and Potential Impact of Law in Business
The legal system is a method of law interpreting as well as law enforcing. The legal system gives an elaborated study of the responsibilities as well as the rights in different ways. This report will focus on the legal system of the UK and the effect of its laws on the business.
Nature of the legal system
Different sources of law in the UK
Primarily there are four law sources of UK which are the legislation, the law of the European Union, the common law and the ‘European Convention on Human Rights’ or ECHR. The legislation is among the laws that are made or developed by the one and only legislature (Reimann & Zimmermann, 2019). The common law constitutes England’s and the Wale’s legal procedure and comprises the decisions made by the senior courts of appellate which are integrated as a part of the law. UK is the European Union’s ‘Member State’ according to which one can say that the law of the European Union holds the highest position among the laws of the UK (Cartwright, 2016). For the law of the ‘European Convention on Human Rights’ (ECHR), the UK is an endorser to it and the 1998’s act of rights enabled each and every court of UK for safeguarding the recognized rights in the ECHR.
In each and every ‘Member state’ of the European Union (EU) regulations is normally converted into laws just after coming into power. As the UK is considered a ‘Member state, things are very much similar for them in making laws (Blair & Stout, 2017). Making the laws does not need any steps for implementation and the local incompatible provisions are overruled by EU in all the ‘Member state’.
Government’s role in the UK legal system
The main role played by the government in the legal system of the UK is by providing data about the changes in law or the reason for the change. The parliament also plays a key role in passing the bills which turn out to be the laws. A proposed law that is new is referred to as a bill which is agreed at first by parliament house. Then Royal Assent is received by it through the Queen and finally, it gets the name changed from ‘bill’ to ‘law’.
Application of law in the justice courts
The decisions made by the courts of the higher-level win over the courts of the lower level and also over the previous cases. The laws that are statutory are written already and only require an application to a certain case. On the other hand, the common law is formed everyday which does not affect society fractionally and does not form a debt.
Hierarchy and structure of courts
The UK’s court comprises of a specific structure and hierarchy regarding the courts just like other nations. The system of courts in the UK constitutes three separate distinctive regions and among them, one is ‘England and Wales. Its civil court comprises of the Supreme Court, the Court of Appeal, the High Court of Justice, the Country Courts and the Tribunals.
Impact of laws on a business
Impact of contract law, employment law, and company law
The contract law is present during a purchase, or selling of service or rendering the product or service. The terms, as well as the conditions, are also a part of the law pertaining to the transactions occurring between the clients and the businesses (Lan, Pickles & Zhu, 2015). The law of employment is a part of the process of hiring in the interviews and helps in choosing a proper employee (Picciotto& Mayne, 2016). It plays a major part in losing jobs and getting fired from a business company. Protections are provided by the law at times of layoffs along with terminations and several different problems that affect the ones who are unemployed. The rights with respect to getting hired, getting salary and advantages, etc. are determined by this law. The law of the company has its own impacts on a business and it either affects as a rule on the creation of wealth or as a mechanism of pricing with respect to the investors.
All these laws do not affect the business in an equal manner. Each of them affects the business regarding different aspects of the business. While one affects the selling and purchasing, the other one affects the proper selection of an employee and another one affects as a rule or mechanism of pricing.
Effect of legislation, regulations, and standards in the business
The legislation affects the business in areas like the customers, the employers, the environment, the competition and the health (Sadgrove, 2016). The regulations can affect the business by influencing rates of interest, which if rises will peak the borrowing cost in the community of the business. The standards, on the other hand, make it easier to trade by considering compatibility as well as the interoperability of the materials.
Recent reforms effectiveness
In the UK, the reform of the laws can cause changes in the legal system’s organization. For example, matters like court arrangements and the methods proposed for making cases appear in the court can only get inside the head of the lawyer. According to an article, the recent reforms in the UK have not been much of a benefit as the procedures of the parliament have not yet developed as much as the other countries.
According to an article, an overview of the legal system of the UK constitutes the constitution, governance system, process of legislation, structure of court and hierarchy, judiciary, litigation of crime and many more aspects.
This illustrated study about the legal system of the UK gives an illustrated study on the court structures and the hierarchy of UK and also the method of making laws. It also gives an overview of the different laws including legislation, standards and regulations and how they can affect the business in the UK.
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