BMP4002 Business Law Exam Paper for BSC (Hons) Business Management with Foundation
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This exam paper covers the UK Classifications of Laws, UK legislation, and the impact of Employment law on commercial organisations. It includes explanations, evaluations, and identifications of different jurisdictional powers of court in UK.
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BSC (Hons) BUSINESS MANAGEMENT WITH FOUNDATION SEMESTER 1, EXAMINATION 2021/22 BUSINESS LAW MODULE NO: BMP4002 Exam Paper Release Date & Time: Saturday 11 June 2022 at 10:00am Submission Cut-off Date & Time: Monday 13 June 2022 at 10:00am --------------------------------------------------------------------------------------------------------------- ANSWER BOOKLET All the pages of the answer booklet should be submitted including blank ones. Please type your answers in the spaces provided. Insert additional pages where required. Student Name ID Number
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[Start writing you answer from this page. There areTHREEquestions. You are required to answer all THREE questions. For each sub-questions, use heading such as “Answer to the Question no. 1(i)” or “Answer to the Question no. 1(ii)” etc] 1.0The UK Classifications of Laws (i)Explanation of legislation in the country of UK. Rules and regulations made to maintain the law and order in the country in the form of acts that is passed by the parliament or government of a country constitutes. An act which is legally enforced on the people of country determines the obligation of law. These rules, regulations take the form of act which is then passedby the legislative government. These authorities of the parliament which is divided into two houses decides the legality of an act.An act is made with the formation of legal implementation of rules and regulations.This bill is introduced in both houses of parliament which is then discussed by both the houses of parliament. The leaders of both the parties have a serious discussion on the validity of the constitutional presence in the act(Taggart 2018). After discussion of the legal technicalities and applicability of its enforcement on common people, there is agreement between both the houses of parliament. The president of the country further approves the bill and signs his assent, which then takes the formation of law that can can be legallyabided on the citizens of a nation. (ii)Review of the key features of two important types of legislation in UK. The two main classifications of law are as follows: Nationallegislation–Thislegislationis applicable within territories or state ofthecountry. National law is also comprised into Central and State laws. The Central laws are applicable within the country, which means the laws which are enforced or applicable on the people of country within the boundaries or territories of nation. State laws are such which are applicable on the people within the state. These laws are only limited to a particular state, where the enforcement is on the particular people of state. These national laws obligates a person to follow laws within the limitations of a country.These legislations are enforced to maintain law and order in the society. Internationallegislation–Thislegislationis applicable between different countries on an international level. This law is applicable on various countries with a vision to enforce laws on a global platform. International laws are mainly made for enforcement on people all over the world in order to maintain peace and security of nations(Durant 2021). These laws are enforced to maintain harmony between differentterritories. These laws are enforced to develop the relations with other countries. 3of7
(iii)Identification of different jurisdictional power of court in UK The three differentlegislative provisionsthat is administered bythe country of UK are divided into separate parts in consideration with different customs and historical backgrounds of the country. These three different legislative provisions are ofEngland, Northern Ireland and Scotland. There is a common legal system of England and Wales. There is a separate and distinct legal system of Scotland and Northern Ireland. Scotland and Northern Ireland have different cultures with different historical background. The geographical and climatic conditions of these two also make them to have a distinctive legal system. Therefore, the distinctive culture, historical background and geographical divisions enable the country of UK to have differentlegislative provisions. 2.0The UK legislation (i)Explanation of various sources of law in English legal system. The main and primary source of lawcomprises mainly of International conventions, treaties, agreements, usage, customs, legislations and precedent cases. International conventions are such laws that consists of legal obligations that are be enforced on international level in order to maintain peace, law and order within the countries. Treaties are such that are signed and agreed between different nation and territory in order to maintain peace within two states or territories and also to initiate bonds for the purpose of exchange of arms, ammunition, etc within different territories(Pohler and Riddell 2019). Agreements refers the approval between the parties for recognition of particular act, duty or laws. Usage refers to the used traditions that are followed by the people of a particular state for a long time. Customs refers to the traditional obligations that are followed by a group of people, society within a particular area. Legislations refers to specified laws that are enforced on people. Precedents are previously decided cases that are used for consideration of any law. (ii)Evaluation of important sources of law along with its examples. Legislations, customs, usage, precedents, treaties and international conventions are main sourcesof legislation. The characteristics of sources of law are as follows: Thelegislative system mainly enforces on establishment of law and order among the people of a nation. It has a very varied and diversified system that recognises different laws with expansion of its boundaries. It helps in maintaining relationship among an individual and society in consideration with legal system of a particular place. 4of7
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This system is very complicated and complex with its vast extension of diversities within the boundaries of a particular country. It also establishes the system of equality with equal treatment for everyone irrespective of religion, race, gender. (iii)How Multilingual organisation impacts the legal system of UK. Multilingualism have a huge affect on people of England due to the practice of multiple languages.The country of United Kingdom has a very diversified culture with intention of bringing people together with practice of different languages in multilingual form(KUSHKI and AMINI 2018). Language is generally considered as a hurdle in expansion of business out of the country or territory or country on an international level. The people of UK are so diversified in culture that they have knowledge and have practised different languages which has enabled them to have the understanding of multiple languages at one place. There is also practice of multilingual in organisation in order to enable the people to have brief knowledge of diversified languages. This helps in gaining recognition to the backward class by implementing policies of practice of distinctive culture. It also contributes in development of an organisation considering its diversified practice and growth. The area of education also plays a major role in spreading and implementing the practice of multilingualism. 3.0Impact of Employment law on commercial organisations: Employment law–The relationship between employer and employees is administered by the enforcement of Employment law. This law mainly relates to the protections that are provide to an employee while working in an organisation. This law covers various rights and duties that are provided to an employee and employer in relation to smooth functioning within the organisation. There are various legislations that are provided under employment law in consideration with different protections that are available to employees in relation to equality, leaves, payment structure, etc. Equality Act 2010relates to the equal treatment of employees without any discrimination of gender and to treat each and every employee equally. National Wages Act 1998refers to the wages paid to the workers or employers in an organisation. These wages should be according to the skills of workers and with equal payment to all employees (Frosini 2019). There should also be a raise of the minimum wage standards within the organisation. 5of7
Employment Rights Act 1996deals with the protections provided to employees against discrimination of gender and pay scale. It also protects employees against wrongful and unfair dismissal with right of maternity and paternity leave. Employment law impacts the commercial organisations in a positive way as it ensures the rights and responsibilities of the employees towards the organisation(Hamid, Shukor and Ali Mohamed 2018). The employment contract made between the employer and employees binds the parties to comply with it. The main objective employment right act is to ensure that employees are protected against various discriminations in the organisation. There are various laws that are to be followed by commercial organisations in relation to maintain the relationship between employer and employees. The employer has to fulfil the following duties in relation to protection of employee which are mentioned below: The employers should provide their employees a safe and healthy environment in consideration of maintaining the health and safety standards. They should be provided appropriate working working equipments so that they can conduct and execute the work or task assigned to them in an effective manner. They should be provided frequent breaks in order to improve and enhance their productivity. They should be provided timely salary so that there is no lack in their commitment of work (Dowlatkhah 2018). Employees should also be provided paid leaves with sick, maternity leaves and even to provide them time or breaks so that there is no lack in their productivity. Reference List Dowlatkhah, P.P., 2018. Explaining Legal Standards for Police Stop and Inspections in Legal Systems in Iran, UK and America. Durant, A., 2021. Peter Goodrich, Advanced Introduction to Law and Literature (Edward Elgar, Cheltenham, UK and Northampton MA, USA), 2021. pp. 119. Frosini, J.O., 2019. Splendid Isolation or Open to the World? The Use of Foreign Law by the UK Supreme Court. InJudicial Cosmopolitanism(pp. 29-68). Brill Nijhoff. Hamid, Z.A., Shukor, S.F.A. and Ali Mohamed, A.A., 2018. Rights of migrant workers under Malaysian employment law.JE Asia & Int'l L.,11, p.359. KUSHKI, G. and AMINI, Z., 2018. COMPARATIVE STUDY OF THE PROTECTION OF WITNESSES IN THE CODE OF CRIMINAL PROCEDURE OF IRAN AND THE WITNESSES CHARTER OF THE UK. Pohler, D. and Riddell, C., 2019. Multinationals’ compliance with employment law: An empirical assessment using administrative data from Ontario, 2004 to 2015.ILR Review,72(3), pp.606-635. Taggart, J., 2018. Defendant Intermediaries in the Criminal Justice System: Is Northern Ireland Leading the Way?.LSE Law-Policy Briefing Paper, (30). 6of7