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Contents

Executive summary...................................................................................................................................4
Chapter 1 Introduction to legal system....................................................................................................5
1.1: Different sources of law..................................................................................................................5
1.2: Constitutions...................................................................................................................................6
1.3: Treaties............................................................................................................................................6
2: Statutes...............................................................................................................................................6
2.1: Interpretation:................................................................................................................................7
2.2: Common law:..................................................................................................................................7
2.3: Judicial review:...............................................................................................................................7
2.4: Private law:.....................................................................................................................................8
Chapter 2 Role of government in law making – how common law and statutory law is applied in justice court. 8
2.1: Making law...................................................................................................................................10
2.2: Application of statutory law in court..........................................................................................11
2.3: Application of common law in court...........................................................................................11
Chapter 3 Reflection on legal systems....................................................................................................11
3.1: Strength and weaknesses of legal system....................................................................................12
3.2: Law of tort....................................................................................................................................12
3.3: Contract law.................................................................................................................................13
3.4: Intellectual property law..............................................................................................................13
Chapter 4 : Implication of law in business.............................................................................................13
4.1: Business licensing.........................................................................................................................14
Chapter 5 : Impact that law can make to the business between legislation, regulations and standards 15
Executive summary

Business law handbook gives a clear overview of legal system of laws. That how it provides legislatures and some governmental
agencies to create the code of conduct. Some people talk about law and they say it’s about ruling themselves but law is actually the
principles, standards of behaviors and rules that is implemented into the societies and everyone has to follows those. It contains all the
types of laws and what roles does government plays in law making and how these laws are later applied by the people. It also gives a
critical reflection on implications of law in a business organization and how it impacts between the businesses.
Task 1
Handbook

Chapter 1 Introduction to legal system


Legal system describes the law and the process of law making, and all the procedures which makes sure that those laws are
implemented. Legal system are the rules of administration, judicial and regulatory bodies. Basically, the legal system is responsible to
follow all of these laws and policies. These laws set the course of action for employees in the organization.
An individual cannot fully get and understand the law without defining its nature. This needs to be recognize in practice and
productive ways both. In addition to this governmental system also have to follow the law. Legal systems include some of social
control processes.it provides legislatures and some governmental agencies to create the code of conduct. Some people talk about law
and they say it’s about ruling themselves but law is actually the principles, standards of behaviors and rules that is implemented into
the societies and everyone has to follows those. It is activated by governmental authorities and has functions such as keeping peace,
promoting social justice and others. Its major purpose is to promote justices means that protecting the disadvantage. Law enforcement
also seeks balance in favor of little man while they are dealing with big workers or governmental people. Other than this it is well
known that every society uses law to maintain and keep peace among people and some of them have some additional goals as well.
consumer law also has many purposes, to the sales of unsafe products and to give information about them to common public.

1.1: Different sources of law

Sources of law refers to the point from where law comes into existence. As judge apply certain rules before deciding upon certain
cases which is known as sources. Multiple of sources of law exists and they have claims and counter claims upon that. Like the natural
law theories states that nature and human reasons are the sources of law. Countries have the legal system based on which they have the
sources of law. While developing an infrastructure it is very important to identify that which source of law apply in that particular
country and what sources are they following the most.

As we know that major function of law is to maintain the structure of society and behavior of individuals. Such behaviors also have
some violations like penalty, punishments or warning which is then identified by court of law. Law of parliament is very important in
legislation.

1.2: Constitutions
One of the most important legal systems in a country is constitution. Laws need to be consistent with the constitutions otherwise it will
court will overturn it. Constitution is also known as fundamental law of nation. Constitution was first adopted by parliament of Sri
Lanka in 1972. Constitution has some legislative procedures with the parliament. Courts have to determine the legislation and
constitutions. Basically, constitution of a country set the ground rules out of power in different branches of government. It sets the
principles for rights and freedom. Civil system refers these laws as codes. Some of the countries have written constitution with
fundamental rules and others have long establish standing traditions. Constitution is difficult to amend. They also have separate
judicial court considering constitutional issues.

1.3: Treaties
Constitution says that treaties entered by the president and foreign government but no less then two third members of parliament. This
is also referred as law of the country. However, they can pass acts of parliaments and other inconsistent laws. This shows that conflicts
are referred to this kind of rarely arise as states can’t concludes treaties with foreign states. Regional grouping law is the body of
regulations in European union. They have the direct application in respective members and take precedence over each member in
national laws. Other than this member state ensures consistency with EU directive. Different countries adopt different laws and
guidelines like in health sector many countries adopt world health organization standard for drinking water and many not.
2: Statutes
This is basically a combination of English law, civil law and customary law. Every federal has laws in hierarchy. It is a product of
legislature legislations. It gives a government framework by creating a regulatory agency to provide public services. Furthermore,
laws are established to govern in different types of activities. All the criminal laws and sales of goods limits to regulate business
activities. Government unites throughout the country have the power of legislate which is also known ad ordinances. Local laws
regulate noise level is known as ordinances. Courts makes the three different way like interpretation, judicial law and common law. In
addition to this legislation is the important key source of law and central and provincial municipal authorities have separate power to
legislate.it also delegate power to particular ministries. Secondary legislation is difficult as it has to be recorded in subsidiary
documents.

2.1: Interpretation: It defines the meaning of law, treaties and constitutions. Interpretation courts interprets first and their final say is
based on what legislature has said. Interpretation is important because many laws have broad and general language and this way court
can decide that this law applies to particular case or not. It is important when an issue is related to situation that legislature cannot
anticipate. Interpretation tends to expand or narrow down the scope of law. When a statute is interpreted it gives the meaning of statute
language and examine legislative history. Other than this when a law is interpreted by government it allows the court to generally
accept the reasonable interpretation.

2.2: Common law: common law resolves the law when other sources of laws appear to dissolve it and there are no applicable rules
for that. When no statute is provided to solve the case, common law is used to make decision. Common law comes from an English
origin which is Normans invaded it and it was used by William when he conquers his successors. It disputes the customs and replaces
the common system. It is similar to the previous cases that already took place tend to follow the decision based on that. Like this the
squinted gaze was developed. Another important source of law is equity.

Common law also helps to determine the ownership of land and monetary damages to settle the disputes. Therefore, if a person wants
some other remedies, then they can accuse something else. But at the end, when new court was formed remedies instead of common
law was offered in some injunctions. Court order always prevents one parties from doing act and property rights also differs from
common because of the procedures. They sort equity between parties and all the states abolished separate court for that. These
remedies are still applied to court to handle such decisions.

2.3: Judicial review: It is basically about reviewing the constitutional work of judicial and legislative branches. It stems the power to
interpret the constitution. When the court has power to declare lower court decisions inconsistent. Other than that, courts have power
to declare unconstitutional laws passed by legislatures and actions of executive branches as well.

2.4: Private law: Other sources of laws owes the existence in public institutions where as individuals can create the law based on the
contract. When people signed a valid contract, the courts will enforce the terms of agreements. Contracts are always private as only
parties know the contractual obligations.

Chapter 2 Role of government in law making – how common law and statutory law is applied in justice court.

This section of handbook refers to the role of courts as well as judiciary in making of laws in Pakistan and uk. As we know that
English legal system refers to common law as their legal system. Hence, before the Middle Ages laws were different. over the time
law applied by magistrates become popular throughout the countries. This is known as common law. Pakistani law is based on English
common law system that is why proportions of decisions govern the interpretation of jurisprudence. Other than that, civil cases are
heard by the district courts and criminal cases by supreme courts. Through these decisions appeal is made to court of appeal and then
it goes to supreme court. Laws are basically published in parliament. And ordinance is passed during British government and laws are
referred to legislation. Therefore, most statutes, parliaments delegate the regulatory power because of the administration. Rules and
regulations are established by such bodies and are published officially.
Figure 1: Hierarchy of court in Pakistan

In addition to this, legislative power is exercised by parliament that is composed or some representatives elected by people in
referendum. Parliament also has the power to pass the law including the retroactive affect to amend the constitution, parliaments does
not create any authority with legislative power. A standing order 133 A bill is authorized a consolidate fund to increase or reduce any
tax. This is always introduced by cabinet minister. Based on the legislation many of minor statutes would be promulgated and
published with English translation. The supreme court soles and exclusive jurisdiction to decide the question based on the bill.

When any petition is lodged with high court under 120, nothing is proceeded and the parliament is in connection with the bill unless
the decision of high court is announced in the parliament. Decision of supreme court also makes it clear that the bill is inconsistent as
per the constitution or not. Based on article 121 no court or institution have power to investigate constitutionality of said bill.
Finally, this course will examine how the common law system works, the basic differences between "civil" (continental) and
"common law" systems, and the advantages and disadvantages of a common law system that relies heavily on rules and rule-making.

This means that many of our fundamental legal principles have been set and developed by judges from case to case in what is called a
system of precedent, whereby lower courts have to follow established principles. by higher courts in previous cases. This aims to
explore the role of the judiciary in the law-making process by studying the historical origins of common law, the system of precedents,
and rules of legal interpretation. In Duties of the Attorney General in relation to bills there mentioned, The Attorney General shall
examine each bill to reveal any violation of the requirements of paragraphs (1) and (2) of Article 82 and whether it must be approved
by a special majority. In the event that a proposed amendment to a bill is at the committee stage, the Attorney General will
communicate his opinion to the spokesperson. The issues on this site are just a few of the adjudicated human rights issues, known in
Sri Lanka as Fundamental Rights. The common law is as important to us as the law made by Parliament. This website aims to provide
a basic understanding of Sri Lankan human rights laws. However, you will be able to gain a reasonable understanding of human rights
in Sri Lanka by reading these cases.

There are several ways to create and develop law. Historically, as you will see, the most important influences have been local customs
and magistrates. As Parliament increased in power in the nineteenth century, laws became the main source of new laws. Court
decisions remained important because they filled in loopholes where statutory law did not exist and explained the meaning of statutory
law. This course will explore some of these court decisions. The constitution of the law was partly written. Therefore, the Parliament
of the Sri Lanka and UK Governments creates several laws. In UK the process of enacting a law relies on two main bodies: the House
of Commons and 2 the House of Lords. The government is elected by the people of the United Kingdom every five years and the
elected candidates represent the House of Commons. The government is trying to maintain law and order in the area. Therefore, it
seeks to address the various problems and challenges facing the country. Problems can arise from citizen campaigns, special interest
groups, minorities, etc. To solve the problem, the chosen government proposes a bill in Parliament. The debate is between the
government and the opposition parties. Once the bill has been passed in Parliament, it is sent to the House of Lords.
Once the assessment is completed, the bill is sent back to the house of commons to make the proposed changes. As soon as the
amendments are made, the bill is sent back to the king, that is to the queen. The former is also called as precedents and applied to the
new cases. These laws are recorded in the yearbooks and are referred to make decisions in new cases. These laws being superior to
common law can be overrules them in case of any conflict between the two.

2.1: Making law

Laws are made in different stages first through general election details of government agenda are selected and then the political parties
open the situation in the agenda which is followed by the negotiations for the joint operation in government agenda. One of the most
important stages is when issue is identified and all the ministries and political parties are consulted. Then proposal creation focuses
people and social structure and then proposal to bill transformed. Furthermore, bill is introduced in parliament session and then bills
moves in parliaments through the reading and report stages by considering chambers. Major part is when house of commons and
house of lords approves the bill later in the law gets the royal consent it transforms into an act.
2.2: Application of statutory law in court

These laws have various structures from administration and common laws based on the decisions. Certain parts of us from public and
private sectors also includes in the law framework. These laws are in written format and these laws are passed through the house or
parliaments after getting approval and regulations based on the statutory instruments. (Zander, 2015). furthermore, the state of codes
and government also includes the rules and regulations on the approval. It has a very important structure in statutory definition. Like
legal services act is written these laws are basically the property in chronological volumes in the framework. Statutes also includes
reformed structures of statutory laws.

2.3: Application of common law in court

Common law has a continuous reforming structure. It has the principle of common law on full effect under the judge. In this scenario
the judgment is done by the help of the legal documentation based on the cases in court. (Tsembelis, 2013). common law has the
structure all over the jurisdiction. In some of the criminal cases house of lords and criminal division court which decides the legal
precedence based on the crime.

Chapter 3 Reflection on legal systems

Legal system is a system which is defines the procedures of classifications. It defines something of relating to law. Thus, it is a
procedure from classification of law. It elaborates the body of rules and principles which are associated with force of law in the
society. Legal systems are for sovereign independent countries. Like the legal system in Nigeria has its own legal system which
consist of each totality of laws and legal rules within Nigeria. Therefore, large scale sovereign countries grouped their legal system
classification in similar fundamental characteristics. This individual system shows the fundamental principles like one similar
characteristic of common law is legal system and is the doctrine of judicial characteristic than that civil law legal system is or ignited
from roams and its features is codification. And if we compare this to legal judicial precedent is not applied to civil law courts.
Basically, civil law is derived from the legal idea and legal system which is heavily overlaid by Canonical and local practices and
codification of legal positivism. Some of the features of common law includes the doctrine of judicial precedent which described the
decision of court. In addition to this the method of adjudication is very adversarial in contrast to inquisitorial. Most of the common law
are not codified even and they also have a jury system which is originated in common law.

3.1: Strength and weaknesses of legal system

Strength Weaknesses
Have ability to provide civil, criminal There is some redundancy while keeping
guidance to all the departments citizens. records in legal departments in regard of
filing the administrative documents.
It provides a clear face in community which
is respected and established. Offers many of It keeps the ordinance up to the date in fastest
the relationships including state entities and growing metropolitan communities.
law enforcement agencies.
Outdated search methods
It is a spirit of positivity in legal offices and
gives a critical review of legal documents and
issues as well.

3.2: Law of tort

Law of tort includes the legal system from common law and civil law. It is driven from any instance of harmful behavior or physical
attack or based on economic interest. It is a law that protects and compensates people because of the injury or any attack. Section 95 of
Pakistan declares this law. If somebody commits wrong towards others then it results into the legal liabilities in contractual
relationships. Like if any restaurants serve the expire food, they can face legal lability because of duty of care of customers.

3.3: Contract law

Law of contract is all about making contracts in business terms or another. It is basically an agreement between parties creating mutual
obligation based on any contract. It has to be legally accepted and a valid offer acceptance. It is governed through making contracts.
Three types of contract law include fixed price contract, cost contract and time and material contract. Most common examples of
contract law include employment contract and sale and purchase contract.

3.4: Intellectual property law

Intellectual property law is the one which deals with law to protect and enforce the rights of creator and owner invention as well. like
writing a music or something as it is an intellectual property. Some of the several areas of intellectual property includes copyright,
trademark and trade secrets as well. intellectual property has the range of legal rights while copy right only refers to the right grated to
the creator of product and then using that. Other than that trade mark is the symbol of identification of goods and services.

Chapter 4 : Implication of law in business

Laws in companies are to guard any fraud event. It has both and negative and positive impacts on business. It obliges the manager and
other people of organization to follow some predefined standard and implement them in their work. Companies act of 2006 clearly
states the functions of the director of an organization. They must have the accordance based on the constitution and can use those
powers to assign them. They themselves are responsible for the growth of the company and other benefits. Like if any limited
company has to raise funds from parties, then may face many challenges. It can also lead to weakening their copy rights of owner and
may also lose the governing rights.

They also have some other responsibilities like formulating effective human resource and corporate social responsibility. As
considering health and safety regulations heath occupation set the instructions and responsivities of the employer. When ever the
public limited company is accounted, they have a risk assessment to provide basic training to the employees and give them safe
environment (Marmot, 2012). Similarly in equal opportunity regulation they have obligated the employees to treat everyone equally.
There major objective is to ensure that they do not have any discrimination between the employees and give best internal and external
environment. It also forces the employs to adjust their physical disabilities to help them with others.

Other than this in data protection act they states that no public or private company will misuse the personal information. The
employment contract was also included into it as regard of fort employment protection act because it introduces the requirement of the
employee’s dismissal from work. This also provide worker right of average wage during the period. Basically, employment contract is
used in labor law to define the rights and responsibilities between two transacting parties.

However, employment contract is legally binded to protect the contract and employment, this contract is started as soon as the
employee started working in the organization and they have to serve the oral communication working contract law is also implied
when an employer’s rights to provide the safe environment for work. this also includes the rules such as the pay while they are on
vacations and they do not have to be subjected to unlaw discrimination in the workplace. They write the statement of the working
conditions after the two months of work. (Moye,2004). Employment contract also concludes the job offer when they accept it.

When someone starts working this means that they have accepted the job on employer terms and by the written contract between two
parties they have to end the dispute. A written contract or a breach of contract is verbally agreed where the employer breachers the
employees’ contract and they must have been able to check the terms of services carefully to ensure that employment contract and
dispute resolution methods before opting it. If not then they had to do consultation and if any employees cannot resolve the dispute
they have before other party consultation.

Starting a new business might be very exciting experience for long term success. If they have a good idea, a strategic plan or they
implement it. Form forming the actual entity to protecting business from personal injury lawsuits. They have to be prepared other
legal concerns as well to avoid any kind of mistakes in that.

4.1: Business licensing


Choosing a right structure and type of business is very much associated with forming the exact entity and tax implications as well.
most common legal structure in this case is partnership or sole proprietorship. Therefore, some licenses may be required for that and
minimum can be done by getting a business license from local agency.

Chapter 5 : Impact that law can make to the business between legislation, regulations and standards

Regulations, legislation and standards are most important for employer and employees both. It helps the organization to deal with
market volatility. Implications are reduced during the operation of business functions while standards help to improve the whole
process and ensure the protection of health safety and environment. In addition to this, regulations define product and process of the
organization. Compliance is one of the major differences between this. As compliance and standards can be voluntary but not in case
of regulations. Regulations effect the trade while noncompliance effects the market share. Legislation effects the organization by
imposing large amount of legislation with less efficiency. It also restricts companies from operating full potential. This shows that
legislation and standards are irrelevant and ambiguous.

Legislation: laws are incorporate in business on behalf of similar nature such as emergency response or crises management to treat in
business management legislations. Legislations should be legally approved by the federal and provincial government. Some of the
mandatory rules are for official regulators in financial services. It can also be reasonably interpreted for business continuity. General
assistance or guidance are also included in such good practices.

Standards: Accredited standard bodies relate to business continuity for a specific subset as IT service continuity. This also list the
standards from different and related topics issued from third party or have been issued by accredited national standardizing body.

Regulations: There are mandatory rules and guiding documents audited by regulators in different sectors as finical services and
others. These are reasonably interpreted after affecting the organizational business continuity management.

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