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Law and the Legal System [Name of Student] [Name of Institute]
Table of Contents Introduction 3 “LO 1 Basic Nature of the Legal System” ...................................................................................................... 3 “Different Sources of Law that Organisations must Comply” .................................................................. 3 Secondary Source: ............................................................................................................................... 4 Primary Source: ................................................................................................................................... 4 “P2 Role of Government in Law-Making, Common Law in the Justice Court” ......................................... 5 “M1 Evaluate The Effectiveness Of The Legal System In Terms Of Recent Reforms And Development”..6 “LO2 Potential Impact of the Law on Business” ........................................................................................... 6 “P3 Illustrate How Company, Employment and Contract Law, Johnson Solicitors” .................................. 6 Health and Safety at Work (Act 1974) ................................................................................................ 7 Equal Opportunities Regulations ........................................................................................................ 7 Data Protection ................................................................................................................................... 7 “M2 Differentiate and Analyse the Potential Impacts of Regulations, Legislation and Standards” .......... 8 “D1 Critical Evaluation of the Legal System and Law, with Evidence of Different Relevant Examples to Support Judgments” ................................................................................................................................ 8 “LO3 Formation of Different Business Organisations” ................................................................................. 8 “P4 M3 D2 Explore how Different Types of Business Organisations, Advantages and Disadvantages” .... 8 Sole Proprietorship ............................................................................................................................. 9 Partnership .......................................................................................................................................... 9 Corporation ......................................................................................................................................... 9 Limited Liability Corporation ............................................................................................................ 10 “P5 Business Organisations are Managed and Funded” ........................................................................ 10 “LO4 Legal Solutions to Resolve Dispute” .................................................................................................. 11 “P6 Demonstrate How Party Obtain Legal Support” .............................................................................. 11 “M4 D3 Compare Different Legal Advice and Support for Dispute Resolution at UNIVEG” ................... 11 Conclusion ................................................................................................................................................. 12 References ................................................................................................................................................. 13
Law and the Legal System Introduction Business law knowledge and information will aid in sound and effective long-term decision-making by numerous associate managers and businessmen In the corporate world, there are numerous effective laws that can be applied in an effective manner. These rules make it easier to carry out moral deeds since they provide significant stability while also giving some room for interpretation. Effective business law will help to resolve disputes amongst business stakeholders more quickly (Talesh, 2018). The essay in this paper focuses primarily on four important and fundamental principles of business law. First, it reviews and highlights remarks about English system and law that affect the organisation in the UK in the first section of the paper It clarifies the legal process in the United Kingdom and distinguishes between statute and common law rules. In light of the current status of business, this report explains a slew of important legal principles. “LO 1 Basic Nature of the Legal System” “Different Sources of Law that Organisations must Comply” The expression "sovereign" alludes to the way that the Parliament of the United Kingdom is the most elevated legitimate expert in the country. The standard of official strength in the UK constitution gives the Parliament the ability to make or nullification any regulation it decides to. Indeed, even the Supreme Court, one of various particular legitimate associations, can't upset Parliament's choices. As per past passages, no Parliament has the powerful right, expected to make regulations that the following Parliament can't alter (Gostin, et al., 2019).
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The most important aspect of the British constitution is the primacy of Parliament. Legislation enacted by Parliament itself limits the use of parliamentary dominance in practise. This includes the accession to the EU in 1973, the Human Rights Act of 1998, and the decision to create the United Kingdom Supreme Court, which replaced the House of Lords as the country's highest legal authority. There are two primary sources of law: secondary sources and primary sources that can be subdivided into subsources. There are two primary sources of law. (Belluco, et al., 2017) Secondary Source: This would include publications such as books, periodicals, newspapers, and journals that frequently contain articles that explain how specific laws, regulations, rules, and legislation came into effect. These are the basic measures to use as a starting point for any analysis. They provide the important languages that are measures commonly used in legal proceedings, professionals may discuss related issues, and they are measures as an easy way to understand and skim compared to primary sources.. Primary sources and secondary sources both contain relevant information. (Chen and Cheung, 2017) . Primary Source: In the context of data law, primary sources are regarded as the original and authentic source of information. "Precedents" refers to previous rulings of courts, which often serve as precedents for lesser or higher courts, as well as precedents from other jurisdictions. As a rule, these regulations must deal with community standards that have been established through time by certain individuals. The Court of Justice of the EU has joined forces to keep an eye on these issues. Finally, international laws, which are recognised by some international organisations, such as the United Nations, UNESCO, WHO (Búzás, 2018) .
“P2 Role of Government in Law-Making, Common Law in the Justice Court” According to the literature, the constitution of the United Kingdom is modestly drafted. As a result, there is a lot of legislation coming out of Parliament. Both the House of Commons and the House of Lords are critical to the legislative process. The House of Commons is represented by the individuals who are chosen to serve on the government's non-appointive body once every five years. In order to do so, the government attempts to address a wide range of issues and challenges that the country is now dealing with (Jobin, et al., 2019). The chosen government submits a bill to Parliament as a solution to the issue. The most productive debate occurs between the government and the opposition parties. The House of Lords receives the measure after it has been passed by the House of Commons. Lords is the most important Supreme Court. The Supreme Court will reexamine the legislation and, if necessary, make recommendations for revisions. The measure is sent back to the House of Commons for further revisions once it has been thoroughly analysed. The bill is returned to the Queen as soon as the amendments have been completed. (Hone, et al., 2018) . Figure 1 Law-Making Process “Source: https://www.hierarchystructure.com/british-political-hierarchy/”
“M1 Evaluate The Effectiveness Of The Legal System In Terms Of Recent Reforms And Development” As a matter of course, the United Kingdom's legal system is subject to regular modifications. An all-encompassing legal framework and body institutions are in place to ensure that the rule of law is upheld and that the policies and laws are implemented in accordance with the laws. Because a region like the United Kingdom is always changing, it needs some significant systemic reforms. The Environmental Accountability Act 2006, the General Data Protection Regulation 2018, the Equality Act 2010, and numerous other pieces of legislation aimed at preventing discrimination all serve as safeguards for the reforms that the UK government has made to the country's existing legal framework. (Puig and Shaffer, 2018) . “LO2 Potential Impact of the Law on Business” “P3 Illustrate How Company, Employment and Contract Law, Johnson Solicitors” There are pre-defined rules that must be followed by the organisation as well as its director in order to be compliant with the law. The corporate Act of 2006 outlines the basic obligations of the organization's administrators, among which is the requirement that they act in accordance with the constitution and exercise only those powers delegated to them. They are tasked with ensuring that their talents, café, and attention to detail are evenly distributed (Hodges, 2019). Starting with Johnson Solicitors' case study, a new Start-up will be launched in order to raise financing from outside parties for expansion. In the first place, it could lead to a decrease in the level of justice, and homeowners may not be able to retain their governmental rights. Going communal isn't always beneficial because the process is lengthy, expensive, and burdensome for
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businesses. Some other responsibilities, such as the development of an effective Human Resource and an efficient Corporate Social Responsibilities, also have a significant impact on the organisation (Salter, 2017). Aside from that, there are many other obligations that a company has to deal with: Health and Safety at Work (Act 1974) In accordance with the rules and regulations, businesses are required to put an end to any fraudulent activity. There are both positive and negative consequences for the company as a result of these changes. As soon as Johnson Solicitors is declared a general restricted organisation, they will be able to conduct risk assessments and provide personnel the necessary training. The company has the responsibility to provide its employees with the safest possible working conditions. (Governatori, et al., 2018) . Equal Opportunities Regulations Employers are required to treat all employees equally under the Equality Act of 2010. The initial goal of this legislation is to ensure that there is no discrimination based on gender, age, colour, or income in the operational environment. It also forces the leader to make changes for the significantly challenged personnel in order to support them with the traditional staff. (Governatori, et al., 2018) . Data Protection Knowledge and information protection legislation (enacted in 1998) ensures that no corporate or public organisation can make use of nonpublic data or useful information. The current legal framework applies to the publication of Johnson Solicitors in the United Kingdom. (Bojica, et al., 2018) . “M2 Differentiate and Analyse the Potential Impacts of Regulations, Legislation and Standards”
“D1 Critical Evaluation of the Legal System and Law, with Evidence of Different Relevant Examples to Support Judgments” For both workers and leaders, rules, regulations and principles are essential. Additional research shows that they aid in dealing with market fluctuations and uncertainties. In addition, they ensure public health and safety, as well as the preservation of the natural environment. Rules, on the other hand, outline the unique characteristics of products and processes that organisations must accommodate. The main difference between the two is in their compliance (Bojica, et al., 2018). Compliance with the principles may be optional, however regulations rarely allow for this. Not adhering to standards may have an impact on the company's market share if they aren't properly implemented by management. It has been argued that imposing an excessive amount of legislation on an organisation may result in a decrease in its effectiveness. These will impose additional restrictions on the companies' ability to exercise full control. Extraneous and ambiguous evaluations of the effects of the legal system, legislation, and law (Shad, et al., 2019) . “LO3 Formation of Different Business Organisations” “P4 M3 D2 Explore how Different Types of Business Organisations, Advantages and Disadvantages” Official directors, auditors, secretaries, and shareholders are the most important people in a company. Many businesses will be formed under the rules of corporation law. Investing in the company's future could be a top priority. Public and private, limited and unrestricted, are only some of the several types of business organisations. There are three types of business entities: sole proprietors, partnerships, and legally recognised corporations. Incorporation and non- incorporation of legal structures are distinguished. (Payne, 2018) .
Sole Proprietorship Sole ownerships make up most of little undertakings. Generally speaking, these organizations are controlled by a solitary individual, normally the individual accountable for the business' organization. Consultants and locally established undertakings are normal instances of sole owners. A benefit of a sole ownership is that the proprietor will keep the entirety of the benefits, just one duty bill is documented, and they have full oversight over the organization's activities. The disadvantage is that the company is exposed to unlimited liability in the event of an incident within its walls. Private assets are under jeopardy, as they are unable to raise financing and must rely on client loans, which have no legal status (Steiner, 2020). Partnership Multiple people share ownership of a business in a Partnership. Ownerships, like businesses, are subject to the same laws as proprietorships. The partners should have a written agreement outlining how decisions will be made. An advantage is that it is simple to determine, has a discrete status that provides liability protection and is taxed just once. As a result, partners share responsibility for the activities of the other partners both collectively and individually. Ideally, profits should be spread amongst the partners, but if the partnership agreement isn't properly drafted, the business will suffer. (Steiner, 2020). Corporation Corporations are the most difficult form of company organisation to understand. An organisation can be a separate and independent legal entity from the people who own or govern the company, notably shareholders. Companies can enter into contracts without the consent of shareholders, but they also have obligations, such as the payment of taxes. Among the
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advantages of this structure is the fact that shareholders have a financial commitment to hold the firm accountable for any liabilities it may incur. Disadvantages include the fact that the process of verifying a firm is more time-consuming and costly. When profits are distributed to shareholders, they are liable to both corporate and individual taxation because of the existence of double taxation. (Payne, 2018). Limited Liability Corporation Organizations, partnerships, and single proprietorships are all represented here. Members of an LLC are the company's owners. People, corporations, alternative LLCs, and international entities can all be represented by members. One-member LLCs are permitted in most states, and are referred to as such. Owners have a financial commitment, which means that the company is responsible for any and all liabilities it faces. It is only at the discrete level that business profits and losses are taxed, and thus allows for a wide range of members to benefit from them. Taxes at the national level are one of the main drawbacks of this option. The nonexempt financial gain accrues to each member, notwithstanding the fact that the profit was not distributed. (Talesh, 2018). “P5 Business Organisations are Managed and Funded” Every manager and every employee must do their utmost in order to achieve the company's growth and objectives. Businesses must operate according to the norms and foundations that are crucial for their success. In order to accomplish the company's goals, both management and employees show their loyalty. In order to run a successful company, money is a need.. Self-funding is a financial strategy that aids in the accomplishment of joint venture activities. These funds are gathered from close friends and family members. Other than that, Equity and loan capital are three types of financial resources. (Gostin, et al., 2019).
Figure 2: Funding’s for Business “Source: https://corporatefinanceinstitute.com/resources/knowledge/finance/sources-of-funding/” Maintaining earnings, debt, and stock capital are the primary sources of financing. In order to increase or distribute dividends to stockholders, corporations employ the profits they have accrued from their business activities. A bank loan or the sale of debt securities are two ways that companies can raise more money. In exchange for the money that equity investors return, corporations can obtain finance in the form of equity.. “LO4 Legal Solutions to Resolve Dispute” “P6 Demonstrate How Party Obtain Legal Support” A wide variety of legal options exist for resolving disputes and conflicts. Smears the health and safety of the workers and makes effective agreements on payment arrangements. Allows for wrongful dismissal and wrongful termination decisions to be made in circumstances of unjust and dismissal. These legal options are only relevant in the event of breach of contract, disputes between administrators, and claims for damages. When it comes to corporate needs and financial holdings, these kinds of solutions are useful. Tribunals, unions, and voter-approved remedies of disputes all play an important role in resolving differences. (Belluco, et al., 2017). “M4 D3 Compare Different Legal Advice and Support for Dispute Resolution at UNIVEG” Legal counsel and dispute resolution are widely used in all aspects of civic life, particularly in the industrial sector. To resolve disputes, there are several alternatives to the traditional court process. Not only the parties, but also the courts are aware of how taxing the
judicial tactics for resolution are. Mediation, on the other hand, is an important strategy for resolving disputes outside of court (Chen and Cheung, 2017). With the help of a qualified mediator, the conflict is resolved between the parties themselves. Reconciliation is an alternative dispute resolution approach where a conciliator helps the parties reach an agreement. The conciliator is aided by the opposing parties' varied goals. A negotiant, a mediator who assists the parties in mapping out their differences, is used in this case. Arbitration, on the other hand, entails the use of an associate degree mediator selected by the parties as part of the associate degree agreement writing process. (Búzás, 2018). Conclusion The analysis states that the constitution of the United Kingdom is only partially written and uncodified. Thus, the Parliament revels in its unrestricted authority. Companies are required by law to put a halt to any fraudulent activity. They'll have both good and bad effects on the business. The majority of the time, the judicial body has been found to state to either statutory laws or common laws while creating findings. Prior cases are known as precedents and can be used as a guide for new ones. These rules are written down in the yearbooks and are used to make judgments in new instances every day. Statutory laws, on the other hand, are enacted by parliament and categorised. These rules apply to all countries. These statutes, which are superior to common law, will be overturned if there is a disagreement between them.
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References Kyryliuk ND, “ADMINISTRATIVE and LEGAL LIABILITY of AVIATION ENTITIES- LEGAL ENTITIES” (2020) 2 State and Regions. Series: Law 69 “Law and the Legal System” (saylordotorg.github.io) <https://saylordotorg.github.io/text_exploring-business-v2.0/s20-01-law-and-the-legal- system.html> “Library Guides: Law Resource Guide: Types of Law” (Cqu.edu.au2017) <https://libguides.library.cqu.edu.au/c.php?g=760881&p=5456221> M Luqman Baig and Pakistan, Factories Act : 1934. (1971) “Methods for Resolving Conflicts and Disputes” (Oklahoma Bar AssociationJuly 24, 2018) <https://www.okbar.org/freelegalinfo/disputes/> MORSS J, “SOURCES of DOUBT, SOURCES of DUTY: HLA HART on INTERNATIONAL LAW” (2005) 10 Deakin Law Review 698 Padmanabhan VM, “Separation Anxiety? Rethinking the Role of Morality in International Human Rights Lawmaking” [2014] SSRN Electronic Journal Press S, Principles of Business : Entrepreneurship (Salem Press, A Division Of Ebsco Information Services, Inc ; Amenia, Ny 2017) Safdar DM, “LibGuides: Introduction to Pakistan Legal System: Primary Sources of Law” (libguides.lums.edu.pk) <https://libguides.lums.edu.pk/c.php?g=554192&p=3808119> accessed January 16, 2022
School SL, “Impact: How Law Affects Behavior” (Stanford Law School) <https://law.stanford.edu/publications/impact-how-law-affects-behavior/> accessed January 16, 2022 “SECP ACT 1997 - Enforcement | SECP” <https://www.secp.gov.pk/enforcement/orders/secp- act-1997/?__cf_chl_f_tk=ZfYAJD35RqrvUAqg_pBuux8Vg1IqFxa4GIGoZM6aBdw- 1642357114-0-gaNycGzNBz0> accessed January 16, 2022 Carver TB and Vondra AA, “Alternative Dispute Resolution: Why It Doesn’t Work and Why It Does” ( Harvard Business Review August 2014) <https://hbr.org/1994/05/alternative-dispute- resolution-why-it-doesnt-work-and-why-it-does> “Company Law and the Rights of Businesses” ( Access 2 Barristers Direct ) <https://access2barristersdirect.com/company-law-and-the-rights-of-businesses/> Consultants VK, “Removal of Directors: A Guide to Forced Exit of Directors – Vinod Kothari Consultants” <https://vinodkothari.com/2021/12/removal-of-directors-a-guide-to-forced-exit-of- directors/> accessed January 16, 2022 Fisch JE, “Corporate Lawmaking Influence and the Role of Political Capital: The FedEx Story” [2003] SSRN Electronic Journal “Form of Government and State Regime: The Issue of the Effectiveness of the Lawmaking Process” [2017] LEX RUSSICA (РУССКИЙ ЗАКОН) “The Securities and Exchange Commission of Pakistan Act, 1997, with Up-To-Date Amendments | SECP” <https://www.secp.gov.pk/document/secp-amendment-act-1997-for-your- information-and-record/?
__cf_chl_f_tk=P4vWmcSpbDG0mMVKH9d5s6H8RadbQfDqo08UHhNwpZQ-1642357113-0- gaNycGzNCKU> accessed January 16, 2022 “Types of Businesses - Overview of Different Business Classifications” ( Corporate Finance Institute 2019) <https://corporatefinanceinstitute.com/resources/knowledge/strategy/types-of- businesses/> Honeyball S and Pearce D, “Contract, Employment and the Contract of Employment” (2006) 35 Industrial Law Journal 30 ——, “Contract, Employment and the Contract of Employment” (2006) 35 Industrial Law Journal 30 Kwach J, “5 Critical Steps of Grievance Procedure in South Africa 2021” ( Briefly February 23, 2021) <https://briefly.co.za/25404-grievance-procedure-5-crucial-steps-2021.html> “Legal Implications of Covid-19 on the Employers’ Duty to Provide a Safe Work Environment.” [2020] Journal of Law, Policy and Globalization Lim S-S, “A Proposal for Domestic Implementation Policy of next Generation ACAS System” (2014) 18 The Journal of Korea Navigation Institute 1 Rademeyer C, “The Use of Non-Adjudicative Methods to Resolve Discrimination Complaints under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000” (2001) 5 International Journal of Discrimination and the Law 129 Richardson B, “Implied Terms of an Employment Contract” (2003) 5 Nursing and Residential Care 192
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“Tests Identifying a Contract of Employment” ( Lawteacher.net 2019) <https://www.lawteacher.net/free-law-essays/employment-law/tests-identifying-a-contract-of- employment-employment-law-essay.php> Tucker F, “What Are the Different Types of Employment Contract? | CitrusHR” ( Citrus HR 2019) <https://citrushr.com/blog/day-to-day-hr/types-employment-contract/> webmaster O, “Course: Applying Common Law Control Test for Employer/Employee Relationships” ( www.ssa.gov ) <https://www.ssa.gov/section218training/advanced_course_10.htm#:~:text=The%20common %20law%20control%20test%20is%20the%20basic%20test%2C%20using> accessed January 16, 2022