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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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