Introduction to Business Law

Introduction Generally, statutes provide a mechanism for the legislature to ensure that citizens live and act within set legal boundaries. It thus follows that any interpretation of statutes has constitutional repercussions. Ostensibly, legal systems in the world can be classified into two general categories.Advertising We will write a custom essay sample on Introduction to Business Law specifically for you for only $16.05 $11/page Learn More On one hand is the common law that has its origins in England while on the other hand is civil law which has its beginnings in Ancient Rome (Ahlstrom Bruton 2009). Civil law makes use of statutes as the main building blocks and relies heavily on legal scholars to interpret legislations by Parliament. Confusion may, however, result in the event that courts are not able to determine with absolute certainty what the intention of the legislators (Corcoran Bottomley 2005). In a system where powers are separated, the st atutory interpreter is usually different from those charged with the responsibility of enacting the statutes. Often, the interpreter is the judge while those enacting are legislators. Considering that differences in perspectives are very common, dynamic interpretation may be experienced time and again. Ostensibly, statutory interpretation is a vital judicial tool that has been used by judges for many years to safeguard basic rights in the common law. Seemingly, the different stages involved in the creation of a statute often ensure that errors are addressed in good time (Kafaltiya 2008, p. 108). Customarily, judges use different strategies when interpreting statutes. No guidelines exist and there is no commonly accepted standard of interpretation. This notwithstanding, there are basic principles that must be adhered to by judges as they interpret legislations. According to Sadurski (2002, p. 67), courts sometimes make efforts to interpret legislations in a way that is consistent wit h human rights. In some situations, legislatures endorse customs that may be used by courts during interpretation. Powers Available to Courts in Connection with Statutory Interpretation In England and Wales, the interpretation of statutes is a privilege accorded to courts and tribunals. A team of highly skilled people is charged with the responsibility of drafting statutes on behalf of the legislature before they can be passed to the courts for interpretation. However, there are challenges that result from the fact that those who draft the statutes may not be able to address every possible situation that may be encountered at a later time (Adams 2012, p. 23). It is also possible that the process may be so rushed to an extent of leaving out important details in a given legislation. As stated earlier, the principles that govern statutory interpretation are not well organized and the whole process of interpretation is largely controlled by the common law. Allegedly, this creates room f or any new developments to be undertaken by courts in order to deal with new problems as they arise. As a result, it is assumed that statutes provide a clear indication of what judges actually mean (Adams 2012, p. 57). Judges provide interpretations based on what is presented to them and as such meet the expectations of the legislators.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Evidently, judges are not allowed to rewrite any statutes and are required exercise their powers in a modest manner. There are, however, some cases where a judge may not be able to tell what the intentions of the legislators are. The language used by Parliament may, for example, lead to a situation where judges give an interpretation that is totally different from what was originally meant. To understand the intentions of Parliament and thus avoid the language confusion, it is advisable for the court to rea d the entire statute and give the correct meaning to every word in it. The limited class rule is sometimes used to provide a general interpretation of a word. As the courts are simply required to interpret and not re-write legislations, it is impossible for the judges to fill up any gaps left by the legislative body. Courts may, however, overcome such challenges by carefully interpreting legislations. According to Sarat (2008, p. 251), it is absolutely impossible to come up with a statute that covers all possible issues that may be encountered in relation to it. As a result, courts may be faced with serious challenges when conditions change. Since courts can not fill legislation gaps, they are limited to determining whether a statute is applicable in a case where circumstances are deemed to have changed. The courts may also be allowed to take into consideration the deliberations of the legislators prior to passing a Bill. Reference to such deliberations during statutory interpretati ons was, however, not allowed in England and Wales until 1993. Regrettably, there are limitations to this strategy as it may not be applicable in situations where it can be determined that conditions have changed drastically. According to Amar (2012, p. 341), the limitation imposed on courts regarding the application of statutes in changed circumstances is largely responsible for the delays experienced in dealing with such cases. It is thus imperative to establish mechanisms of speeding up the process. Engagement of Judicial Precedent with Statutory Interpretation A precedent may be defined as a past event. Legally, it serves as an important guide for judges. Judicial precedent is a vital part of the common law system according to which a judge is required to make a ruling on a case guided by an earlier decision in a similar case. Under the common law system, legal precedent plays a big role and judges have the freedom to interpret a law and provide a basis on which future cases may be heard and decided (Ahlstrom Bruton 2009). In comparison to other countries, the legal system in the United Kingdom follows the requirements of judicial precedent very strictly. Practically, lower courts are required to abide by a past ruling of a superior court in interpreting statutes.Advertising We will write a custom essay sample on Introduction to Business Law specifically for you for only $16.05 $11/page Learn More The appellate court on the other hand is expected to abide by its past rulings in similar cases. Arguably, the doctrine of judicial precedent provides for either binding or persuasive precedent. While binding precedent is mandatory and must be adhered to by lower level courts, persuasive precedent serves as an important guide for judges when deciding on similar cases. Apparently, questions about judicial precedent tend to concentrate more on the way the doctrine works or operates. To a large extent, the fact that cases may be consid ered retrospectively implies that judges have the flexibility to use judicial precedent to interpret statutes (Mitchell Dadhania 2003). In the event that a judge comes across a case where a relevant previous ruling made by the court exists, the judge has four possibilities. He or she may follow the earlier judgment if it is clear that the facts in the current and previous case are similar, make a distinction if it is established that the facts are completely different, overrule the earlier decision in case there is a disagreement with the decision arrived at by a lower court, or reverse the previous ruling by a lower court if an appeal is made and the higher court can determine that the lower court failed to interpret the law correctly. There are several advantages that may be associated with the application of judicial precedent in statutory interpretation (Schyff 2010, p. 51). First, there is consistency in the application of the law and this provides a sense of equality and just ice. Secondly, there is certainty considering that many cases exist that have been dealt with before and this enables lawyers to advice their clients with confidence. Finally, the options made available to judges create room for fair application and further development of the law. There are, however, some difficulties associated with the use of judicial precedent in statutory interpretation. First, the use of judicial precedent is quite rigid and limits judicial discretion. There is also a danger of slowing down the judicial process as judges are expected to spend quite some time perusing previous cases. It may also lead to the creation of illogical distinctions by judges who may not be willing to follow an existing precedent. Finally, the court has no choice but to rely upon a suitable case where changes to the law have to be made. Conclusion As has been explained in this paper, statutory interpretation is a vital tool for preserving fundamental rights that affect our day to day li ves. While judges have the leeway to interpret legislations as they see fit, they can only do so within certain limits. In the event that powers are separated, there is a danger that the legislations may be poorly interpreted. Whilst many options exist for interpreting statutes, the most commonly used is judicial precedent. As a source of law, judicial precedent allows judges to make reference to past judgments and apply the reasoning used if circumstances of the cases involved are similar.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Reference List Adams, A 2012, Law for Business Students, Pearson Publishing, Edinburgh Way, Harlow. Ahlstrom, D Bruton, G 2009, International Management: Strategy and Culture in the Emerging World, Cengage Learning, Mason, OH. Amar, AR 2012, America’s Unwritten Constitution: The Precedents and Principles We Live by, Basic Books, New York. Corcoran, S Bottomley, S 2005, Interpreting Statutes, Federation Press, Sydney, Australia. Kafaltiya, AB 2008, Interpretation of Statutes, Universal Law Publishing, New Delhi. Mitchell, AR Dadhania, M 2003, As Level Law, Psychology Press, Hove, United Kingdom. Sadurski, W 2002, Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective, Kluwer Law International, The Hague, Netherlands. Sarat, A 2008, Constitutional Politics in a Conservative Era, Emerald Group Publishing, West Yorkshire, UK. Schyff, G 2010, Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa, Springer, New York. This essay on Introduction to Business Law was written and submitted by user Sonny E. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

The Problem with Grammar Check

The Problem with Grammar Check The Problem with Grammar Check The Problem with Grammar Check By Mark Nichol A couple of years ago, a visitor to this site posted a comment asking for help. In a Word document, this person had written the sentence â€Å"The nouns and verbs are the main content words in this poem and without emphasis on them, this poem has little to no meaning.† Word’s grammar check admonished the writer to insert a semicolon in place of the comma following them. What? Errant nonsense, and puzzling advice, at that. One respondent erroneously agreed with Bill Gates, while two people associated with this site validated the original writer’s reluctance to follow Word’s word. But they didn’t explain why the grammar check had recommended this faulty course of action. I didn’t understand it, either, but then I looked a little closer. As another poster remarked, a human editor trumps a computer-generated one. Computers may be able to defeat humans at chess, but I doubt they’ll ever beat people at editing. Why? They can compute, but they can’t think. Here’s where Word went wrong: It assumed that the phrase â€Å"in this poem and without emphasis on them† was a compound phrase with the same structure as â€Å"on this page and on the next,† for example, and that this sentence could end with this phrase. If that were true, â€Å"this poem has little to no meaning† would be an independent clause that could stand on its own. But because the computer misread the context, it did not admonish the writer to correct a real error: A comma should follow the first instance of poem. The correct form of the sentence is â€Å"The nouns and verbs are the main content words in this poem, and without emphasis on them, this poem has little to no meaning.† (I also agree with the poster who pointed out that the phrase at the end of the sentence is more idiomatically correct rendered as â€Å"little or no meaning.†) In this sentence â€Å"this poem has little to no meaning† is not an independent clause, but it is part of one: â€Å"without emphasis on them, this poem has little to no meaning† could stand as a separate sentence, so it should be preceded by a comma and the conjunction and.† The moral of the story? Word’s grammar check, like its spell-check function, can be helpful, but it can also misinterpret your intent as a writer. As the sage says, â€Å"Trust, but verify.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:Comparative Forms of Adjectives"Certified" and "Certificated"Ulterior and Alterior

Case study Assignment Example | Topics and Well Written Essays - 1000 words - 13

Case study - Assignment Example Thus, it was crucial for the author to reveal the main tools that enabled this achievement for Tim Hortons. 3/ The most important kinds of information in this case concern the history of company’s development. At the very beginning, Tim Horton opened his coffee and doughnut shop in order to gain income in the off-season. Then, this business attracted Ron Joyce, who became the owner of Tim Hortons after the previous owner’s death. Furthermore, the company became the property of American fast-food chain, Wendy’s. Nevertheless, the ability of Tim Hortons to create an attractive national Canadian brand evoked the willingness to make ownership again Canadian. 4/ The main inferences (and conclusions) in this case are about the key achievements of corporate management throughout the history of Tim Hortons. In particular, the company managed to â€Å"sell itself not only as a destination, but also a part of typically Canadian experiences outside its doors.† In other words, Tim Hortons is an example of the company that pays attention to the national component within its brand. By creating a certain type of popular culture between the Canadians, it gained popularity in different dimensions of its activity, both in outdoor and indoor segments. Thus, corporate overall strategy reveals its effectiveness in Canadian business environment. 5/ The key concepts we need to understand in the case are market share, best-managed and influential brand, organization’s positioning, organizational goal, and company’s overall strategy. In fact, all these concepts are deeply interconnected in the case of Tim Hortons. In particular, the market share is the amount of market the company owns. In this context, the growing amount of market share, or â€Å"gradual expansion into adjacent areas,† is the definition of this company’s overall strategy. Then, case discusses in detail the attractive traits of