Answer To: NOTES BUSINESS LAW ASSIGNMENT United Kingdom Higher National Diploma Academic undergraduate Font:...
Moumita answered on Feb 14 2021
BUSINESS LAW
Table of Contents
Task 1 4
1. Sources of Law and Its Resemblance with Organisations 4
a. Sources Of Law 4
b. Resemblance with Organisations 5
2. Example of the role of Government in law-making and how statutory and common law is applied in the courts in England and Wales. 5
a)Explain the following arms of the government 5
Monarch: 5
Executive: 6
Parliament: 6
b) Explain that the legislature is made up of two houses 6
House of Common: 6
House of Lords 7
c) Discuss each stage of the law-making procedures below. 7
The decision to Legislate: 7
Bill Preparation: 7
Bill-When Presented: 8
Parliamentary stages: 8
First Reading 8
Second Reading 8
Committee stage: 8
Report stage: 8
Third Reading : 9
Later Stages and House Lords: 9
Royal Assent: 9
d) How statutory and common law is applied in the courts in England and Wales 9
Define briefly statute law and common law: 9
Define briefly the Judiciary and state that the judiciary is made up of the court systems and officers and ministry of justice: 10
Explain that the justice system is divided into two namely 10
Civil law: 10
Criminal law 10
e) Explain the hierarchy of courts under civil law with brief explanations on 10
The Supreme Court of the United Kingdom: 10
The Court of Appeal, Civil Division: 10
The High Court: 11
The Sherriff Court/Sheriffs Principal: 11
County Courts: 11
Tribunals: 11
f) Explain magistrate court, crown courts 13
Company Law 13
Different country legal system comparison in USA 14
Employment Law 14
Contract Law 15
Task 2 16
Scenario B 16
Struggle of company 16
Scenario C 17
Scenario D 17
Reference 20
Task 1
1. Sources of Law and Its Resemblance with Organisations
a. Sources Of Law
Common Law
The judicial decisions that are taken by the courts and the related tribunals have been accumulated in the body of law. The main customs, ethics and principles of the United Kingdom have gotten a place in this law. These laws are mainly used for taking different court decisions and those decisions are made when there is no other law with similar situations (Blanco and Pontin, 2017). These laws are also effective in different future cases which are similar to this kind of situation. Because of these features, they are called common laws in the context of the United Kingdom.
Legislation(Parliaments)
In this part of the law, the legislative council plays a crucial part. The legislature has created, debated and developed this law and that is the reason why they are called the legislation law which is majorly applicable in the different scenarios of the parliaments of the United Kingdom (Lagassé, 2017). There are two sections in the parliament, one is the upper chamber which is called the House of Lords and the other one is the lower chamber which is also considered as the House of Commons. In order to develop and implement different legislative agendas and policies, these laws and the different political processes are needed.
European Union Law
The European Treaties have a major contribution in this part of the law. These are consisting of the legal orders of the European Union. In the different states, these laws are applicable and these are applied by the European Commission (Barnard and Peers, 2017). There are different social and political policies and frameworks that sometimes influences the behaviours and the activities of the states that are the members of the European Union and that where the law applies to a great extent.
b. Resemblance with Organisations
Health and Safety at Work Act 1974
This act is a part of the legislation of the United Kingdom which is complied with the different business organisations. The job related to health and safety has been addressed in this part of the law. The employees are a major part of any organisation besides that they are considered as the human resource as well (Bakar, Yasin and Razali, 2018). The good work environment and the catering services to the employees are must according to this act of law.
Consumer Rights Act of 2015
The existing consumer protection law and the new legislative laws have been combined in this law. According to this law, no organisation has the right to fool their customers with dishonest or foul practices. If the consumers feel they are disposed of then they have the right to complain against the organisation (Sirrs, 2016). After that, the needed steps will be applied in the context of that particular organisation.
Environmental Protection Act 1990
According to this act, organisations need to implement strategies that have no harmful effect on the surrounding environment. Every organisation in the United Kingdom must abide by this law to conserve nature and the environment. There are pleasurable punishment if this law is broken by any organisation (Longhurst, 2019). The process of waste collection has been also mentioned in this criteria of law and in the way the organisation will have a major contribution to the environment protection.
2. Example of the role of Government in law-making and how statutory and common law is applied in the courts in England and Wales.
a)Explain the following arms of the government
· Monarch:
In this form of government, the head of the state is considered as the king or queen of the state. Queen Elizabeth II and her family members are considered here as the public representative in England (Jorda, 2019). In this context, Queen has been played different types of diplomatic responsibilities and participate in different official and ceremonial duties. She has been also representing the head of arm force of the British. The monarch is recognised as a prestigious post in England but the actual power of governing belongs to the prime minister of the British. The monarch here only held an official post for the country.
· Executive:
The executive branch is building up the entire ministers who are associated with the administrative responsibilities in the Brtish government and engaged to form new laws. This executive is made up by the prime minister, cabinet members and the other associated ministers of the government (Head, 2019). This administration arm is also responsible to form new regulatory laws and enhance the development program for the common people of the nation. They play a significant role to set up development plans and programs to the development of common people in the country. In this context, the prime minister has been empowering with supreme power with the support of common people.
· Judiciary:
It has been found that the judiciary system of the British is conducted with three distinctive systems of law such as England and Wales Judiciary, the judiciary of Scotland and the judiciary system of Northern Ireland. However, the supreme court is recognised as the uppermost and final appeal court in the United Kingdom.
· Parliament:
The parliament or the legislature of the UK conduct with tow houses such as the upper house and the lower house. In this system, the lower house represents the common people of the British. There are four major responsibilities has been observed through the lower chamber of the parliament such as passing bills of law, approval of taxes and the fund of government, arguments of the essential issues of the country and explore the budget bill.
b) Explain that the legislature is made up of two houses
· House of Common:
House of common recognised as the lower house of the government in the UK and it represents the common people of the British. It occupied most of the authorities of the bicameral parliament. This house has been represented the common people of four kingdoms, England, Scotland, Wales and Northern Ireland (Hunt and Wheeler, 2017). There are 650 elected members are participating in this house who are elected through votes. this procedure has been conducting with democratic election to which every citizen above 18 years age can participate. This house conducts with the highest number of elected MPs and plays a significant role to build new laws on behalf of the welfare of people.
· House of Lords
This house was recognised as the upper house of the parliament where the major representatives are nominated by the monarch and they follow the guidelines of the prime minister or the head of the house Lords Appointments Commission. 92 members of heredity peers made of the hose of Lord (Barnett and Carty, 2017). At present, the upper chamber is made up of 793 members. However, this sitting members can change upwards and downwards. This house is playing a significant role in the sector of an amendment bill that has been passed from the lower chamber and scrutinising.
c) Discuss each stage of the law-making procedures below.
· The decision to Legislate:
It becomes the prior duty of every existing administration to involve a law-making procedure in each assembly of the parliament. To built this law the existing administration required to enhance a proposed bill before the session. If the existing government enhance a bill into the parliament, it has been elected through the member of parliament and it becomes the act after adopting it by the majority of the parliament.
· Bill Preparation:
Bill preparation is an important part to build up a bill before it has been given to operating the legislative program. To accomplish this prior object the concerned department set up a team to create this bill that coordinates with the entire factor of this bill with accuracy. This bill received a royal assent when it operates in the legislative procedure and accepted through the argument. However, when this bill has been passed it converts...