Business Law Sample Assignment
Business law is beneficial for governing commercial activities of a business. This can also be used for mitigating issues that arises in an organisation. Commercial laws are implemented to regulate corporate activities. The study would highlight role of a Senior Employment and Dispute Law Advisor in context of Global Solicitor. Additionally, different sources of law, role of government in law-making and its application in justice court is taken into account. The effectiveness of legal system within an organisation and exploration of pros and cons of its formation is also discussed. Along with this, it has also been stated about recommendation of appropriate solutions that can be helpful for resolving issues and disputes that arises within an organisation.
“Explain different sources of law”
There are different sources of UK law that is inclusive of legislation, European Union Law and European Convention on Human Rights and Common Law.
Legislations include the acts introduced and amended from Parliament. The principle legislature is based on London, The UK Parliament. This body has the authority to sanction all the laws applied in all other countries. The Legislations after being passed by the Parliament, is described to be a new law. UK Parliament consists of House of Lords and House of Commons (Miller and Jentz, 2017).
The House of Commons comprises of 650 members of Parliament (MPs). Each MP is selected through a system called “first-past-the-post”, each MP is assigned with the duty of handling the operations of each geographic constituency. Each MP has single vote and the participant with highest number of votes is elected as the MP of that particular constituency.
Bill is a proposal to new law; this can be signified as amendment made into the existing law. These changes before passing are made to be present in Parliament for debate. This debate has to be consented from both the houses of the Parliament. A draft bill is issues before its formal presentation in the Parliament. This can further let the bill become a law according to the decisions made by the Parliament (Allen and Kraakman, 2016).
- European Convention on Human Rights
European Convention on Human Rights (ECHR), is one of the major human rights treaty of the Council of Europe. The Council of Europe has separate legal system and there are 47 member states that involves UK, Russia and other EU countries. The ECHR contains most significantly the Human Rights Act. Furthermore, the political and civil right are also included in this agreement. In the articles taken from ECHR, it has been mentioned about right to life, right to fair trial, no punishment without law, right to education, freedom of thought, belief and religion and more (Cameron, 2017).
- Common Law
Common law in UK is established by the decision made by the court based and enacted in the legislations introduced. The common laws are administered by common-law courts of England (Cox, 2015). The legal system followed in this case is derived from the civil law that has now been widespread in different continents.
- European Union Law
UK being member of the European Union caters to take over the precedence of the law that are made in UK. European Law is an effective system through which the laws are operated within the member states the EU comprises of social, economical and political policies that can help country to organise its operations accordingly.
“Explain the role of government in law-making and how statutory and common law is applied in the justice courts”
Role of government in law making
Parliament plays a significant role in handling the functions of law-making for a country. Legislative functions are also performed in order to acquire the power of amending, approving or rejecting laws. These functions are linked with stimulating power and authority in democratic countries. Under laid are certain functions required to be considered during the process of lawmaking
- To represent citizens interests
The interest of the citizens must be underpinned by the parliament and hence, accordingly, the laws and associated decisions must be made. In the presidential system, MPs caters to produce draft laws before its amendments and final approval. In addition to this, some parliament also allows the initiatives taken by the citizen of the country in association to introduction drafts laws for debate (Norris, 2016).
The government is responsible for handling all the operations of the country. During the General Elections, the political parties take seats in the election. The leader of the winning party is appointed as the Prime Minister. He/she also gets the authority to decide on the laws of the country.
- To monitor the actions of the government
Parliament is also responsible for supervising the actions of the government. In the House of Commons, the elected people are assigned for next five-year tenure until the next general elections. In the House of Lords, the members are appointed for life irrespective of any election. The members of this house are chosen on the basis of their experience and knowledge that can help in the process of lawmaking for the country (DiMatteo, 2016).
- To pass laws
Before a law is enforced, there is a draft bill introduced in the parliament. The drafted bill is introduced to the parliament, sent to committee. The committee alternatively takes actions and with the consent of both the houses, the bill is made to be a law. In this case, government manages the taxes and other daily operations, where these laws are taken into account (Tushnet, 2017).
Application of statutory and common law in justice courts
Common laws are different from statutory laws. Statutory law can be stated as formal body of the legal system this inculcates written legislations. These are based on certain rules and regulations that can be effective for analysing behaviour with public.
On the other hand, common law allows the judges of justice courts to take decisions for the case that depends on initial ruling of the cases. However, common laws are used for solving disputes. Additionally, the Government makes the statutory laws (Carlin, 2015). This has been useful for ensuring the effectiveness of day-to-day business operations.
The recent amendments in the laws have lead to several development and reforms. However, the political, social and economic factors, helps to signify the opportunities and threats and thus, accordingly, codes of conduct and standards are implemented. The idea of law reform, widely covers up the issues and conflicts. For instance, being a senior employer at Global Solicitors, it is necessary to ensure about the implementation of legislations like equality act, employment act and equality act 2010. This can help the businesses to develop their organisational procedures and takes initiatives to enhance and stimulate further reforms within the organisation (Bird, 2018).
The legal development however has certain pros and cons that can hamper the proceedings of a business. The legal systems like implementation of certain above-mentioned legislations can provide benefits to the employees of Global Solicitors in terms of equality, fair remuneration and irrespective of sex discrimination (O’Brien et al., 2018). On the other hand, these can also be harmful when the employees misuse these legislations and this lays an adverse effect on the business environment.
“Using specific examples, illustrate how company, employment and contract law has a potential impact upon business”
The company’s rule of law provides a hindrance to the business about the understanding of the expected personal capacities. It is also responsible for setting up of business rules so that the employees can understand the fact about the transactions and the dealings of the business (Miller and Jentz, 2017). The company rules also abide others and the government from violating the property rights if any disputes arise. The rule of law helps in providing predictable means to resolve those disputes peacefully. The company laws help a business in every aspect by providing the guidance and direction in all aspects of the business. For example, the company law helps in making neutral decision against the disputes towards the complaint against other party. The company rule helps the employees, employer and the business in filing the complaint in a proper court in order to initiate legislation.
There is an impact on the business operation by the environmental legislation. There needs to be several friendly and environmental ways that a business needs to find in order to dispose the wastes so that6 it does not contributes to pollution (Ginzberg, 2017). These laws provide an impact on the safety and health of an employee and the public (Lobel, 2017). The employees or the public can file a complaint of their damage or loss and if it is being found that the damages or the loss is due to improper practices of poor health by the organization then the business firm shall provide the compensation. This will have an adverse affect on the profit margin of the business and a regulatory affect on the confidence from the stakeholders in business. The business needs to be registered and regulated, negligence of issuing license might call off the business of the company, and they have to pay the fines. For example, the minimum age required to work in a company is 18 years and workers under that age are considered to be illegal and the company is bound to be penalized.
The contract law is the most important and inherent part of a business as it provides a direct impact on the business. The contracts can be thought of forming orally but it is an appropriate practice to write the terms of the contract in paper. For example, if a software company admits to supply their services to another different company then there needs to be an agreement, which will focus on the duration of the services and the pay grade scale (Thörnquist, 2015). The agreement needs to be properly judged and agreed upon all the factors provided by both the parties.
There is a considerable impact of contract law in business as it increases the certainty level in the regulations of the business. There can be adverse affect on the financial condition of the business if there is an ambiguity in the contract terms.
There are difference between the legislations, regulations and standard in the UK that help to understand the critical role of the solicitors.
Standard requires guidelines for products, services and systems and it is worked by providing specifications for different products and services. It ensures efficiency, safety and quality of the products and services if the standard is used consistently for the products (Dempsey, 2016). It provides detailed criteria of the products and services by setting a reference.
On the other hand, regulations provide detailed instruction on laws that are enforced and carried out by different organizations. It is referred as rules or administrative law, which is applied in the organization to maintain a suitable structure for all organizational people (Voermans, 2017). Difference between standard and regulations are that regulations mainly lie in compliances. Standard is voluntary but regulations are mandatory. Regulations are required for an organization to fulfill the organizational activities effectively.
Legislation refers to the rules or statues that are made by government of a country, city or state. In this purpose, the government of the UK creates laws. Legislative body of the UK enacts statues and after that the ranking officer or Governor signs statues. As it is related to the laws and acts, everyone is bound to fulfill the legislations (Tsogas, 2015). There are differences between legislations and regulations are that government bodies enact legislations whereas regulations can be provided by the organizations, employees and it is not created for public interest.
Impact on organization
Impact of regulations in an organization is that the organizations can create different rules to improve their structure and build suitable workplace for the employees. It is required for strategic decision making as the managers can include ethics in the internal structure and can reduce conflict in the organizational operations. On the other hand, it is mandatory for the organization to follow the legislations in the operations. The organization can improve employee trust and loyalty as well as operate fair trading by following the laws of the UK. As it is a legal boundary, legislations are required to be maintained by the organization otherwise they can be punished. Legislation help an organization to create regulations for trading, supplying and manufacturing as well as it helps to create rules for the employees and customers (Picciotto and Mayne, 2016). Therefore, legislations are required for the employees to protect the employees and stakeholders of an organization and maintain workplace diversity.
The standard law has several impacts on the services, product and system of the business in review of the requirements that are predetermined. The standards are developed according to the process named consensus that provides the international guidelines. The standards development process takes care of the interest and the needs of the individuals. The standards are maintained by the industry and are constantly updated in accordance with the trends of the industry, which helps to have a competitive business and maintain an edge over other company. There has been a proper involvement in the standards by the organization around the world, which shows sign of competitive cost benefits.
“Explore how different types of business organisations are legally formed”
It is necessary for every business to follow the legal aspects and maintenance of the laws and legislations that can help the company to secure their position and hence develop their business operations effectively. There are different types of business organisation depending on its legal formation. Under laid are different organisations:
Single person owns sole proprietorship. As per the legal requirements of the firm, it is observed that the person is singularly responsible for meeting all the requirements of the company. The owner shares the profits and losses by himself. The profits made by the company are shared after paying all the taxes. In case of losses, the owner is personally responsible for it. In addition to this, there is a chance of tremendous risk, if the owner is at the verge of lawsuit. For instance, this can lead to forfeiture of assets of the owner (Solomon, 2017). This type of organisation requires permission and license for social security. Furthermore, the owner himself would entirely do raising capital and collection of revenues. In case of any conflicts, the owner is liable to solve the issues and hence, mitigate the troubles that arise due to the issue.
In case of partnership, there are either two or more who are devoted towards conducting their business operations. The profits and losses made by the firm is either shared equally or divided among them according to investment of the partners. Partnership firm can be successful much in case the other partner supports other partners and they work in collaboration. For instance, it can be considered that if accountant of the company is not present due to some issue, the other substitute partner would take over the responsibility till the time (Persadie and Ramlogan, 2015). According to legal requirements of the company, a partnership deed is an agreement where the terms and conditions associated to the partnership firm are required to be followed by them. The partners are also required to follow the legal terms and conditions for the firm.
Conduction of business procedures is termed as incorporation and thus, this helps an organisation to instil flexibility within the company. This type of organisation provides the employees various legal rights. The owners of this type of organisation has limited liability as the corporation has separate legal standing and owner takes the initiatives to secure the personal legal actions. This can also help to maintain the security of the employees within the firm (Perry-Kessaris, 2016).
For instance, for this type of organisation, the government supervises the business operations. Members of Board of directors are also appointed for conducting meetings on regular basis and the minutes of meetings must be recorded and used for future reference. The income made by the company can also be subjected to taxation in association to personal and business revenue. Through sales of stock, the ownership can also be transferred and accordingly the interest of the corporation is shifted.
- Limited Liability Company (LLC)
Limited Liability Companies and corporations share almost similar advantages and the only case they differ is in association to governing of their operations that varies from one state to another. In relation to business lawyers, it becomes of sheer significance about retaining the services that are provided to the customers by the employees (Bayern, 2016).
“Explain how business organisations are managed and funded”
Different business organisation is managed and funded in different ways. Under laid are certain ways through which organisations can be managed and funded:
Ways of funding
- Personal investment
Personal investment can an effective way for funding one’s firm. This includes the capital invested by the owner or the company. This can be helpful for collatering with the assets of the owner of the company. This can be an effective way to make the investors and shareholders about long-term dedication towards the firm.
- Venture capital
Venture capital might not be suitable for the entrepreneurs. Thus, it is necessary for the owners to ensure about technological embracement to enhance the services and also explore growth opportunities for the business. This also provides a great platform for the business to develop itself based on information technology. In association to Global Solicitors, this type of funding leads to acquire leading-edge and develop strategies planning in order to seek attention towards gaining position in the market (Scholes, 2015).
- Business incubators
Business incubators can also be coined as the business investors that provide support to other business organisations. This can help a business organisation to enhance their operations and accordingly this can accelerate the pace of acquiring maximise profit.
Ways of managing organisation
Organisation can be managed through various and thus, it is the most significant factor about maintaining a strategic planning and thus accordingly the management of an organisation are required to conduct their business operations. This can also be used for making the business reach their objectives in a much easier way (Cremers et al., 2017)
The leaders and managers of an organisation are required to direct and lead the employees to the proper pathway so that they are able to perform in a better way. Furthermore, training sessions can also help the employees to undertake their task in an efficient manner.
The management of a firm is required to control the activities of the employees and guide them to the way in which they are required to perform. This can help the organisation to manage itself in a right way (Andenas and Negra, 2017).
Sole proprietorship- this organisation type is less expensive and however do not seek for huge investments. There are fewer regulations required to be followed and the owner shares the profits and losses only. However, on the other hand, the owner is responsible for issues and obligations and there is difficulty in raising capital.
Partnership- partnership has more investors; this reduces the burden of raising capital for anyone of the owner. Additionally, this type of organisation also faces issues like different viewpoints and suggestions of the partners (McCormack, 2017).
Corporation- through sale of stock, more capital can be raised and ownership can easily be transferred. On the other hand, there are more regulations and policies required to be followed by the owners and the employees.
“Recommend legal solutions for resolving a range of disputes using examples to demonstrate how a party might obtain legal advice and support”
It is necessary for the management of an organisation to ensure that the organisation is working in an effective way. However, it is necessary for companies like Global Solicitor to seek legal advices and support for further betterment of their business. Businesses can acquire legal assistance through Trade Associations, SCORE, OSHA, Department of the Justice Department, Avvo and legal advisors. The above stated sources can be used for acquiring legal information and find out answers for their legal issues. Avvo is a question and answer platform where an organisations can find legal assistance. These sources are effective as low-budget legal advice (Hansen et al., 2018).
This site can be used free. The questions and queries of the organisation regarding legal matters can be answered. Along with this, for small business platforms, employees are not attorney, however, the questions and legal issues of faced by the organisation is entertained through these process.
Along with this, Department of Justice is useful for getting free legal service providers. Through this assistance, every organisation is able to handle their legal; issues. There are several online programs like Compliance Assistance Quick Start, On-site Consultation Program, through this the management of an organisation is able to comply with the laws that are required to be used for the assistance of the company. This can help the organisation to find answer of their issues regarding legal aspects. SCORE, is a non-profit organisation that helps small-scale business firm, the organisations can be assisted through phone, emails or in person meeting. Through business legal clinics, this can help the companies to acquire knowledge regarding legal aspects (Wood, 2018).
In association to Global Solicitor, it has been identified that the company uses the above-mentioned techniques in order to solve their legal issues. This can also help to develop their services. The company also seeks advice from their Dispute Law Advisor, who are concerned with employment related issues and other additional problems that are identified within the organisation. For instance, the company also ensure that there is proper implementation of principles of legislations like employment act, equality act 2010 and sex discrimination act. In addition to this, it is also necessary to ensure that legal rights of the employees are protected (MARSON and FERRIS, 2015).
The above stated legal advices and sources are effective for conducting business operations. However, there are certain pros and cons of the above-mentioned sources. The online sources can assist the company in terms of mitigating the legal issues and assisting them. At times, it might happen that the legal issues that seek answers are not available at the site. This can be problematic for the organisation. The local attorneys or local lawyers might also charge money for providing legal assistance to them. The information at times might not be beneficial for the company and the legal issues might not be solves. Thus, it is better to seek a proper legal adviser for assistance in legal matters.
From the above study, it has been revealed that business and commercial laws are useful for mitigating issues that arises in an organisation. Commercial laws are helpful for regulating corporate activities of a form. In addition to this, different sources of law, role of government in law making and its application in justice court are taken into consideration. The study revolved around the overview of Senior Employment and Dispute Law Advisor in context of Global Solicitor. Moreover, effectiveness of legal system within an organisation and exploration of advantages and disadvantages of its formation are stated. Furthermore, appropriate recommendations are also provided in support of the findings of the study.
Allen, W.T. and Kraakman, R., 2016. Commentaries and cases on the law of business organization. Wolters Kluwer law & business.
Andenas, M. and Negra, F.D., 2017. Between contract law and financial regulation: towards the Europeanisation of general contract law. European Business Law Review, 28(4), pp.499-521.
Bayern, S., 2016. The Implications of Modern Business–Entity Law for the Regulation of Autonomous Systems. European Journal of Risk Regulation, 7(2), pp.297-309.
Bird, R.C., 2018. On the Future of Business Law. Journal of Legal Studies Education, 35(2), pp.301-320.
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
Carlin, J.P., 2015. United States Assistance Attorney General for National Security John P. Carlin Delivers Remarks at the American University Business Law Review 2014 Symposium. Am. U. Bus. L. Rev., 4, p.1.
Cox, J. ed., 2015. Business Law. Oxford University Press, USA.
Cremers, M., Khanna, V. and Gordon, J., 2017. Columbia law school roundtable on a governance research agenda for the academy. Journal of Applied Corporate Finance, 29(1), pp.76-85.
Dempsey, P.S., 2016. National laws governing commercial space activities: Legislation, regulation, & enforcement. Nw. J. Int'l L. & Bus., 36, p.1.
DiMatteo, L.A., 2016. International business law and the legal environment: a transactional approach. Routledge.
Ginzberg, E., 2017. The institutions of private law and their social functions. Routledge.
Hansen, C.P., Rutt, R. and Acheampong, E., 2018. ‘Experimental’or business as usual? Implementing the European Union Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreement in Ghana. Forest Policy and Economics, 96, pp.75-82.
Lobel, O., 2017. The gig economy & the future of employment and labor law. USFL Rev., 51, p.51.
MARSON, J and FERRIS, M (2015) Business Law. 4th Ed. Oxford. Oxford University Press
McCormack, G., 2017. Business restructuring law in Europe: making a fresh start. Journal of Corporate Law Studies, 17(1), pp.167-202.
Miller, R.L. and Jentz, G.A., 2017. Business law today: The essentials. Cengage learning.
Norris, K., 2016. Common European Sales Law: A Missed Opportunity or Better Things to Come?. Business Law Review, 37(1), pp.29-32.
O’Brien, C.N., Powers, R.E. and Wesner, T.L., 2018. Benchmarking and Accreditation Goals Support the Value of an Undergraduate Business Law Core Course. Journal of Legal Studies Education, 35(1), pp.171-189.
Perry-Kessaris, A., 2016. Global Business, Local Law: the Indian legal system as a communal resource in foreign investment relations. Routledge.
Persadie, N. and Ramlogan, R., 2015. Commonwealth Caribbean business law. Routledge-Cavendish.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization. Springer.
Scholes, M.S., 2015. Taxes and business strategy. Prentice Hall.
Solomon, L.D., 2017. The privatization of space exploration: Business, technology, law and policy. Routledge.
Thörnquist, A., 2015. False self-employment and other precarious forms of employment in the ‘grey area’of the labour market. International Journal of Comparative Labour Law and Industrial Relations, 31(4), pp.411-429.
Tsogas, G., 2015. Labor regulation in a global economy. Routledge.
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.
Voermans, W.J., 2017. Legislation and regulation. Draft for the Handbook of Legislation (eds. H. Xanthaki & U. Karpen).
Wood, R.J., 2018. The Interface Between Sales Law and Secured Transactions Law. Canadian Business Law Journal, 61, p.27.