Common law expands on, clarifies and implements legislation. The wording of acts of parliament is often broad and generic, providing general instruction on the law but not how it should work in certain situations. The role of judges and common law is to examine specific facts for each case, interpret relevant legislation and administer the law in line with these findings. Unforeseen cases. Similar to the point above about specifics, common law can also respond to cases, situations and facts that were not foreseen or anticipated by legislators.
It is impossible for parliament to legislate for every possible problem, action or condition that might arise in society. Common law can examine and develop responses to real life situations. The doctrine of precedent works effectively for the most part because it provides stability and consistency in the legal system.
Parties involved in trials and hearings can understand that decisions made are based on precedent, rather than personal views or arbitrary judgement. Precedents tend to be developed by senior judges in higher courts, which lends them authority and experience. Common law provides us with consistency but it also allows for flexibility and change in law-making.
Precedents can be challenged, set aside and replaced by new precedents. The courts provide ample opportunity for common law reform. Speed and efficiency. Common law is faster, more flexible and responsive than parliamentary law. Common law often reacts and responds more quickly to changing social values, community expectation and so on.
Institutional law reform bodies or the parliament years to decide on the need for change; judges and courts can do it while reviewing one case. The courts can also achieve law reform faster because they are not bound by the political and procedural constraints of the legislative process. Political independence.
Unlike their law-making counterparts in the parliaments, judges and courts are not dominated or controlled by party politics or ideology. Abortion, for example, has been permitted under common law in three States — but the parliaments in those States have refused to legislate on the matter.
Reactive, not proactive. They cannot change the law of their own accord. Courts can only deal with cases which are brought before them. Laws and precedents may be obviously outdated and in need of reform — but until relevant criminal charges are laid or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed. A secondary function. Creating legislation is the main function of parliament, however forming common law is not the main function of the courts.
The courts exist primarily to administer justice and developing common law is a secondary outcome. Undemocratic law. Parliamentarians are elected by and responsible to the people — but judges are appointed by the court system.
This fact leads to criticism of judges as being unaccountable to the people. Some believe judges make decisions that are inconsistent with community standards and values; they believe that common law is itself undemocratic. This point of view is often expressed in the media, particularly during debates about sentencing. Lack of review. Courts lack the personnel, time, resources and opportunity to fully consider the changes they make to common law. In the parliament, draft legislation will go through numerous stages of review, including inquiries, investigations, parliamentary committees, law reform bodies and consultation, before it is drafted and introduced.
In contrast, a judge or panel of judges has minimal time and resources at their disposal when forming common law decisions. Easily overridden. Common law can be overridden at any time by legislation. The parliament is the supreme law-making body and common law is considered inferior to legislation made by the parliament.
This may be a disadvantage of common law, however it is also a response to the point about common law being undemocratic. If the parliament considers that common law is problematic or does not reflect the views of the people, it can legislative to abolish or change it. Using specific examples illustrate how company, employment and contract law has a potential impact upon businesses.
The rule of law allows business to understand what is expected of them in their personal capacities but also sets forth rules for businesses so that they, too know what is expected of them in their dealings and transaction. In addition, it restrains government and others from infringing on property rights, should disputes arises, the rule of law provides a peace and predictable means by which those disputes can be resolved.
The rule of law provides guidance and direction in every are of business. For example it provides a means to bring a complaint against another party to a neutral decision maker so that a decision can be made regarding the dispute. Because of rule of law system, businesses and employer and employees to file complaint in the proper court to commence legislation.
We know that we are permitted to do these things because rules of law system allows us to do them, we can expect some sort of resolution when we institute such proceeding. It is essential for employers to comply with the various rules and regulations if they are to avoid costly employment tribunals and lawsuits. Broadly speaking, employment law covers the following areas of employment: employment contracts and conditions; the treatment of employees; employee pay and working hours; sickness absence and time off work; and business transfers and takeovers.
Within these broad areas, employment law affects more specific issues such as: discipline and grievances; bullying and harassment; equal pay; maternity and parental rights; age discrimination; sex and sexual orientation discrimination; race discrimination; disability discrimination; discrimination due to marital or civil partnership status, gender, religion or belief and pregnancy or maternity; redundancy and dismissal; employment tribunals; data protection; and terms and conditions of employment.
Environmental Legislation will impact business operation, Businesses have to find environmental and friendly ways of disposing of waste that will not contribute to pollution. They can be found negligible. Impacts the Health and Safety of staff employees and the public. Employees or the public can litigate for negligence if they can prof that their loss or damages was as a result of the business poor health practices. This will impact the business reputation Goodwill profit margin and less confidence from stakeholders in the business.
The rights a consumer has when a trader supplies goods under contract the notes on section 1 explain how a contract may be formed. These are in effect contractual rights and if they are breached it is therefore a breach of contract; the statutory remedies to which the consumer is entitled if these rights are breached: namely a right to reject the goods within an initial period, a right to repair or replacement and a subsequent right to a reduction in the price keeping the goods or to reject the goods for a refund subject to deduction for use in some cases ; that the statutory remedies do not prevent the consumer claiming other remedies from the trader where they are available according to general contract law e.
Currently, provisions relating to contracts to supply goods are contained within several different pieces of law. Much of the legislation in place prior to the Act coming into force applies to recipients of goods whether or not they are consumers , but some protections apply only to consumers. M2 - Differentiate and analyze the potential impacts of regulations, legislations and standards.
Legislation is the act or process of making or enacting laws. Government debates the matter periodically. Regulation is a rule put i place by government or authority. It goes in details of the company Act. A rule or directives made and maintain by an authority or government. Regulation carry out specific piece of legislation such as for the protection of environment.
Regulation are enforced usually by a regulatory agency formed or mandated to carry out the purpose of a legislation. Standard are the concept, norm or principle establish by government and used generally as a example or model to compare or measure the quality or performance of a practice or procedures.
D1 - Provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support judgments. The legal system comprises the law — produced by law-making bodies legislatures and judiciary — and the institutions, processes and personnel that contribute to the operation and enforcement of those laws. So for example we can say that the English legal system comprises: legislation and common law; courts; judiciary; legal professionals; police; prosecutors; juries; and mechanisms for providing access to justice.
Around the world there are different traditions in legal systems. As Tetley explains, a legal tradition reflects deep-rooted, historical attitudes about the nature of law, about the role of law in society and about the way law should be made, applied and studied.
Civil law is the oldest surviving legal tradition in the world. It had its origin in Roman law and later developed in Continental Europe and around the world. Jurisdictions with civil law systems, such as France, Germany and Japan, have comprehensive, continuously updated legal codes that specify all matters capable of being brought before a court, the applicable procedure and the appropriate punishment for each offence.
These codes distinguish between different categories of law. Though the judge often brings the formal charges, investigates the matter, and decides on the case, he or she works within a framework established by a comprehensive, codified set of laws. The common law legal tradition has its roots in developments in England in the 11th century. In common law systems, legal principles are to be found in the decisions of judges adjudicating in individual cases.
These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as Legal system and method yearbooks and law reports. The precedents to be applied in the decision of each new case are determined by the presiding judge. The common law tradition of England was transported around the world to countries that were once part of the British Empire. RE: P4 - Possible legal solutions for a range of business problems as detailed below:.
Usually, shareholders and directors of the company will not be personally liable for payment of the debts of the company except in certain circumstances like fraud or misfeasance by shareholders and directors of the company. P5 Provide justifications for the use of appropriate legal solutions.
The explosive growth of limited liability companies over the past several years does not mean that such firms are desirable or efficient. Rather, the introduction of this new organizational form simply reflects that its proponents were more effective in encouraging the form than were its detractors in lobbying against it.
However, this observation does not require the conclusion that such firms are undesirable and inefficient. At times, interest groups lobby for laws that are efficient from a societal perspective. These groups will do so as long as the private benefits to them of such lobbying outweigh the costs. Moreover, to the extent that lobbying produces inefficient rules relating to limited liability companies, the courts serve as an important antidote by providing an ex post balancing in which the interests of groups unrepresented in the original lobbying process are given an effective voice and a more sympathetic ear.
The limited liability company is a curious phenomenon. This Article argues that while its birth was controlled by the legislature, its future growth and development will be controlled by the courts. Using the relevant legislation justify your advice to Simon on distributing company assets. M3 Assess the positive and negative impacts of legal solutions to business problems. D2 critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice.
Legal advice applies the law, including statute and case law and legal principles to a particular situation. It provides recommendations about what course of action would best suit the facts of the case and what the person wants to achieve. When two parties enter into a contract, there is always a possibility of a dispute, which sometimes arises despite of the best efforts made by both parties to avoid it.
Arbitration is available to resolve these disputes between contracting parties as an alternative to traditional court litigation. Arbitration can be a quicker and cheaper way of resolving disputes and rendering justice than traditional court litigation. In a commercial world, timely resolution of disputes is the essence of a good and efficient business. Arbitration has numerous advantages over the Litigation process.
Some such advantages are set out below:. Apart from arbitration, there are a number of other methods, equally effective and efficacious, in existence in the international commercial world for the resolution of disputes.
These methods are not in substitution of arbitration; in fact, they may often be a prelude to arbitration. These methods can be tried first for the resolution of dispute and if these methods are unsuccessful, the dispute is ultimately referred to arbitration. Some such predominant methods are as follows:. An institutional arbitration is one in which a specialised institution intervenes and takes on the role of administering the arbitration process. Each institution has its own set of rules which provide a framework for the arbitration, and its own form of administration to assist in the process.
There are approximately institutions worldwide which offer arbitration services, and some will deal with a particular trade or industry. Care should be taken in the selection process as some institutions may act under rules which are not adequately drafted.
Often the contract between two parties will contain an arbitration clause which will designate a particular institution as the arbitration administrator. The parties will therefore have to determine all aspects of the arbitration themselves — for example, the number of arbitrators, appointing those arbitrators, the applicable law and the procedure for conducting the arbitration.
Provided the parties approach the arbitration with cooperation, ad hoc proceedings have the potential to be more flexible, faster and cheaper than institutional proceedings. The absence of administrative fees alone provides an excellent incentive to use the ad hoc procedure. However, this approach will only work if the seat of the arbitration has an established arbitration law. Ac hoc proceedings need not be kept entirely separate from institutional arbitration.
Often, appointing a qualified arbitrator can lead to the parties agreeing to designate an institutional provider as the appointing authority. Additionally, the parties may decide to engage an institutional provider to administer the arbitration at any time.
M4 Compare and contrast the effectiveness of these recommendations. Law for business students; Business law. The Law Teacher , pp. Riches, S. Automated page speed optimizations for fast site performance. English Law Essay Explain the Different sources of english law and laws that organizations must comply with.
English Law Essay Later on, a development from common law and equity was the statute law, which is originally believed to be in existence since Norman times King-in-Council but the first publication was considered as the Magna Carta English Law Essay Since it is clear that UK is a member of the EC European Community appreciation is important, EC legislation is superlative to the English law, and it is must for the English law not to create any conflict with the Treaty of Rome regarding its implementation and enactment.
English Law Essay Explain the role of government in law making and how statutory and common law is applied in the justice court The advanced English legal framework is a result of more over than years of its implementations in organizations, procedures and assortment of principles.
English Law Essay The constant and very significant fluctuation is a result of the 21 st century being very fast and hard to keep up with. English Law Essay Statute law, regularly known as legislation, an Act of Parliament, is written law sanctioned by the approved legislative procedure of the state. King disputes the controversial issue of linguistics in the U. King's views on immigration and nationality will be analyzed. The pros and cons of a multi-linguistic country are discussed along with the negative effects on countries that currently operate under a multi-linguistic commonality.
English as the official language is becoming more of an issue in modern day society. The idea of English as the official language was first proposed in as an amendment to the Voting Rights Act of King. Hayakawa introduced to the U. The legislation was unpopular and did not pass through the 97th Congress.
Hayakawa's view were forgotten and in submission until , when ten states passed official language initiatives. The votes were substantial enough to gain the attention of Congress. Many politicians as well as the American public opposed the idea at the time, but the question was still pertinent in the states. Though a relatively new issue in the United States, the trouble of a multi-lingual society has been prevalent for years.
Language has been known in many different societies to be the main cause of division among several world nations.
EU law have been influence the uk law in many things because of it especially basics. The European Union, is an international organisation. It looks like the American Organisation of the United Nations, being characterised by a unique political system in the world, it has a single economic market European Common Market and a single currency the euro. Parliament is sovereign, therefore the law it makes prevail on any other source.
A The operation of statutory interpretation Statutory interpretation deals with Statute law. Indeed an interpretation may be required when there is an ambiguity or if there is an error made by Parliament.
For the majority of the twentieth century, historians consistently structured this controversy within a patriarchal framework. The methodology of these studies relied heavily on how laws, written by adult white. She said that she did not think the kid would be able to handle it. Naoloni explained that the school councelor had color blindness which is professed unawareness of skin color of others source. Naoloni has gone several times to her childrens schools and contributed in cultural activities where she has shared and taught the students about her Tongan Culture.
Her children love when mom comes to school. Naoloni as a teacher understand how. The labor system used in the English colonies of North America experienced developmental shifts from to as the institution of slavery became firmly established in law and in society. In , English settlers founded Jamestown, in Virginia.
A Dutch ship brought around 20 Africans to the colony in , where they became indentured servants. Both white English people and Africans worked as indentured servants during the seventeenth century, though some Africans served for life. The place or time does not affect the reliability of the source. Prior Knowledge: I know about the slave trade and how slaves were just sold and bought like animals. As I read from previous sources, I learned about why the government banned interracial marriage and when Maryland legalized slavery in Audience: This source is intended for people who want to become a historian.
Since this article talks about events of the past and historians. English Law was historically based on customs and social traditions. Today Custom Law is a part of Common Law, notably being in cases where there was no judicial precedent but which were known to exist since time memorial i. Custom law can still be used …show more content… Parliament can delegate the power to legislate to various bodies such as local authorities, the Crown and ministers.
Delegated legislation has same legal force and effect as the Act of Parliament. The advantages of delegated legislation are: time saving, access to particular expertise and, flexibility. King's views on immigration and nationality will be analyzed. The pros and cons of a multi-linguistic country are discussed along with the negative effects on countries that currently operate under a multi-linguistic commonality. English as the official language is becoming more of an issue in modern day society.
The idea of English as the official language was first proposed in as an amendment to the Voting Rights Act of King. Hayakawa introduced to the U. The legislation was unpopular and did not pass through the 97th Congress. Hayakawa's view were forgotten and in submission until , when ten states passed official language initiatives. The votes were substantial enough to gain the attention of Congress. Many politicians as well as the American public opposed the idea at the time, but the question was still pertinent in the states.
Though a relatively new issue in the United States, the trouble of a multi-lingual society has been prevalent for years. Language has been known in many different societies to be the main cause of division among several world nations. Due to the language barrier, many of
|Should english law essay||Ask someone to read your paper and give you critical feedback. Custom law can still be used should english law essay more content… Parliament can delegate the power to legislate to various bodies such as local authorities, the Crown and ministers. Advise the owner of the business on the steps they will need to take, and any issues or restrictions they should bear in mind, in creating and naming their company, what would be the potential impact on the business of not following the correct steps. English Law Essay Provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support judgments English Law Essay Advantages of common law English Law Essay Specificity. English Law Essay D2 critically review and evaluate the use of appropriate legal solutions in comparison with alternative legal advice English Law Essay Legal information explains the law and the legal system in general terms. EU law have been influence the uk law in many euthanasia pro and con essay because of it especially basics.|
|Format of a literature review||Get Access. Sources of Sharia law: The rules and regulations of Sharia law stems from. Analytical cookies are used to understand how visitors interact with the website. English Should english law essay Essay P5 Provide justifications for the use of appropriate legal solutions English Law Essay Using case law justify your interview cover letter example strategy for the limited company. English Law Essay To raise capital simple means that a business may look to the public for source of funds. In arbitration, parties can prescribe their own procedure in their arbitration agreement.|
|Should english law essay||A steady process which discarded the irrational ones and tolerating those which were applicable were then framed as an example of law throughout England. This cookie is a browser ID cookie set by Linked share Buttons and ad tags. English Law Essay Explain the Euthanasia pro and con essay sources of english law and laws that organizations must comply with. If not, this will weaken your chances of producing a first-class law essay. These cookies will be stored in your browser only with your consent.|
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