BUSINESS LAW

Business Law

Business Law

PART - I

PART A: English Court Structure

Pictorial Representation

Source: Kiralfy, A. K. R. (1967). The English legal system (pp. 150-212). London: Sweet & Maxwell.

The diagrammatic model of English Court System consists of various acronyms which are described here:

ECJ: European Court of Justice

ECtHR: European Court of Human Rights

Fam: Families

Ch: Confederation Helvetica

QBD: Queens Bench Division

This is necessary for the identification and understanding of English Legal System. House of Lords remain at top and the bottom tier follows the Courts of Magistrates. Different piece of literature places different position of European Court of Justice and European Court of Human Rights. House of Lords and European Courts of Justice (ECJ) is parallel under certain circumstances. This hierarchy is the subject matter of the European Communities Act 1972. The accordance of each court is according to the hierarchical principle of the English Legal System.

Statutory and Common Law Provisions

Many nations across the world follow common and statutory laws. It governs important aspects of country for its existence. Common law involves making new decisions from the panel of judges presiding in the court. Various government agencies issue statutory laws as a subject of new or prescriptive law on the other way. The operational level of common law is procedural and the operational level of statutory law is substantive. Judges use trends from the cases of past and make judgments for new laws. The interpretation of existing law determines new distinctions and boundaries. Regulatory laws are also court provisions apart from common and statutory laws. Research analysis is the legal process of common law. Statutory laws are in written form for a specified case. A nation or state government develops statutory laws.

PART B: Doctrine of Judicial Precedent

Statement Analysis

The Doctrine of Judicial Precedent or Binding Precedent is one of the fundamental part of legal system. All cases of higher or lower degree or complexity must treat in the similar way. It is subjective to the impression of Stare Decisis et non quieta movere” which means not to disturb what is settled and stand by stated decisions (Ghosh, 2011). Judges made case law of law and keep the authority with pronouncement with fairness and certainty in the system.

House of Law states that the rules and court laws must strictly adhere and Court of Appeal should not depart from it. The argument of Denning whilst certainty is acceptable, but extensive degree of rigidity and severe application of doctrine of precedent leads to dogmatic legal system.

Role of Judges

Doctrine of Judicial Precedence is the backbone and heart of the Common Law system with all legal proceedings. Judges make decisions in higher courts sets or equate precedent with lower courts. Judicial precedent involves in the implication of two principles. Ratio decidendi is the cause of the reason and Obiter dictum is by the way part of the original case.

Problem Analysis

The conventional view of the role of judges was principally declaring the existing law. This is according to the declaration theory. Willis v Baddeley (1892) 2 QB 324 states that:

The ...