Business Law

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Law not only has several different definitions but also has several different purposes.The concept
of law has been a matter of consideration for philosophers for ages and as a result various
perspectives containing law has surfaced. Law can be explained as a body of rules of action or
conduct prescribed by a controlling authority, and having binding legal force. That which must
be obeyed and followed by citizens subject to sanctions or legal consequence is a law (Black,
2019).

Within a nation, law’s first and foremost function is to uphold the peace among the people.
Secondly, its purpose is to protect everyone’s basic rights and encourage social justice. Thirdly,
providing necessary components in order to smooth the transition for social changes is its great
responsibility. The law can be called a guidepost to maintain allowable actions in the society.
Society has deemed certain activities as crimes because it has been determined by a number of
people that it will not tolerate such behaviours, for instance- injury or property damages
(Criminal Justice Act, 1990, 2020). Enforced laws establish order according to society's
guidelines.

Two of the most fundamental types of law are statutes and common law. A statute is a type of
law that must be passed by a legislature. Unlike a common law, statute or a statutory law is a
written law that can be found and read in most libraries. It can also be called a legislation.
However, it was impossible to foresee and write all possible laws in the document because
everyday a new kind of situation arrives and the rules of law needs to be evolved as society
evolves itself. For instance, it was unnecessary and impossible to ban driving while intoxicated
in the 1700s because the automobiles have not been yet discovered. But later, as it has been a
common reason for accidents, the judges have deemed driving while being drunk a not
acceptable social behavior(State Courts In-Depth, 2013). The laws like this which have been
created by judges, courts and homogeneous tribunals overtime are referred to as common laws.
The decisions made by judges in a case is called precedent and it works as a guide for judges in
making a decision for a future case. This principle of making decisions from previous cases is
called stare decisis. It is an effective method of yielding similar results from similar facts.
Statutes more often than not hold more priority than case laws.

In the United Kingdom, the two sets of law that work actively in order to discourage or punish
misconduct and to recompense the victims of those crimes. Criminal law and civil law are varied

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regarding to whom they are initiated or reported, whether or not they are ruled by a judge or a
jury, the types of punishment, the standard of evidence and the availability of legal protection of
the defendant. Typically murders, assaults, robbery are listed under criminal cases and on the
other hand defamation, neglect of contract, property damages are dealt under civil cases. Most of
the time, business corporations associate with criminal laws. Generally, a private party initiates a
civil case, where only the state or federal government can initiate a criminal case. In civil cases,
legal protections are not provided to the defendant as criminally accused defendants are entitled
to it. In a criminal criminal court the government is bound to provide evidence against the
accused, on the other hand the burden of providing proof falls to the accuser. A federal or state
decision is involved in a criminal case. A moral minimum is set up for criminal laws. One can be
rid of their freedom by going to jail or give up their life if they are convicted of a capital offense.
Both of these situations are categorized under criminal law. In the case of a civil case, one is not
obligated to serve time in prison, however they might have to give up their private property as
compensation(Introduction To The Federal Court System | USAO | Department of Justice, 2016).
For example, Ford Motor Company was sued for a personal injury case and in return they had to
pay a total of 295 million dollars to the victim.

The United Kingdom consists of three different legal systems which are divided within England
and Wales, Scotland and Northern Ireland. The UK does not possess a written constitution. The
final court of appeal is held by the supreme court of England. The more complex and serious
civil cases are heard at the High Court. Aside from these two, there are distinct 160 county courts
operating within their designated geographic area. Magistrate’s court which is a part of criminal
court in England try less weighty cases. Around 96% of all criminal cases of England are held at
the magistrate’s court. Cases that involve under aged defendants are held by separated judicial
court. Open court holds all criminal trials. A jury consisting 12 citizens (except for Scotland
where the jury consists of 15 citizens) have to come up with an unanimous verdict. The lord
chancellor and the home secretary hold the main responsibility for the administration of the UK’s
legal system(Gibson, Cavadino and Faulkner, 2008). Alternative Dispute Resolution is a
quick,fair and unique way to mediate disputes without the involvement of court. As it lacks
official involvement in the legal system, ADR has proven to be more cost effective. It also
enable both the defendant and the plaintiff to know more about each sides and come up with
more unique solutions. The popularity of ADR is increasing day by day.

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Reference:
Elliott, C. and Quinn, F., 2019. Contract law. 12th ed. Harlow: Pearson Education Ltd, pp.15-26.

FindLaw.com. 2013. State Courts In-Depth. [online] Available at:

<http://litigation.findlaw.com/legal-system/state-courts-in-depth.html> [Accessed 16 February
2016].

Gibson, B., Cavadino, P. and Faulkner, D., 2008. The criminal justice system. Hampshire:
Waterside Press.

Gov.uk. 2013. Police and Criminal Evidence Act 1984 (PACE) codes of practice - Detailed
guidance - GOV.UK. [online] Available at: <https://www.gov.uk/police-and-criminal-evidence-
act-1984-pace-codes-of-practice> [Accessed 30 March 2015].

Holms.faculty.writing.ucsb.edu. 2021. [online] Available at:

<http://holms.faculty.writing.ucsb.edu/Writing_2E-_EV_Technical_Research_Report.pdf>
[Accessed 20 January 2021].

Irishstatutebook.ie. 2020. Criminal Justice Act, 1990. [online] Available at:

<http://www.irishstatutebook.ie/eli/1990/act/16/enacted/en/print.html> [Accessed 19 December
2020].

Justice.gov. 2016. Introduction To The Federal Court System | USAO | Department of Justice.
[online] Available at: <http://www.justice.gov/usao/justice-101/federal-courts> [Accessed 16
February 2016].

Joyce, P., 2013. Criminal justice. New York: Routledge.

Judiciary.gov.uk. 2015. Courts and Tribunals Judiciary | Magistrates. [online] Available at:
<https://www.judiciary.gov.uk/about-the-judiciary/who.../magistrates/> [Accessed 30 March
2015].

Newburn, T., 2007. Criminology. Cullompton: Willan Pub.