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BMP4002 Business Law Exam Paper for BSC (Hons) Business Management with Foundation

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Added on  2023/06/07

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This exam paper for BMP4002 Business Law covers the classification of law in the UK, features of civil and criminal law, legal systems in the UK, sources of law, and the impact of UK law on commercial organizations, specifically employment law. The paper includes explanations and examples of the different laws and regulations that govern employment in the 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 13August 2022 at 10:00am
Submission Cut-off Date & Time: Monday 15August2022 at 10:00am
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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
1.0 The classification of law in law
(a) Explanation of law in UK
Law is research of the structure of rules that a specific nation or country identifies as
controlling the actions. It is a arrangement of rules which the general public or
government evolves the deals to control the crimes, relationships of social and
business agreements. In context to UK, Law is an act of legislative that generates an
advanced or new law or made some changes in already present or existing law and
rules (Cassel 2018). These rules of law are elemental doctrine. With the help of these
laws, each or every human being must follow and submit to the law.
(b) Discussion of features of the two main classification of laws in UK
Civil Law: It’s main aim to assign with the rules that has been brought by the particular
person or government against other human beings, business, firms or organizations. This is
also known as the private law. These kinds of rules comprise those cases that are related to
finance such as compensation, discernment or agreement. Civil laws are filed or recorded by
the private organization or parties.

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Features of private or civil law
There are several written regulations that are based on the particular codes, basic rights and duties
such as corporate law, tax law, civil code, administrative law and so on (Farah and Abdallah 2019).
Although administrative statue is less codified in the term of others and the court judges behave like
common law.
There are only parliamentary enactments those are appraised binding for all. In
criminal, civil or commercial courts, there are very less scope of judge made. The
practice judges obey the last judicial decisions.
There are some civil law structures that have consequential influence on the courts
such as Germany.
This law has court structure or system applicable which aids to PPP projects. Most of
the projects of PPP like concessions are related to the public services.
Criminal Law: This law refers to the offences and breaches that impact on the society negatively
as a whole instead of particular one individual. In other words, the criminal legislation comprises
the rules and offences that related to the crimes and the process which applies at the time of police
investigation, charging the prosecuting authorities and when the individual or person must come out
in the criminal court (Khan, 2019). This is also known as the public law.
Characteristics of criminal law
The guilty act is the one of the main element of the criminal law. It has been
accomplished by the action, threat, omission that is legally for example, if there is a
parent who fails to feed their child then it may involve in guilty act as a crime.
It comprises the “guilty mind”. This is related to the mental crime. It refers to the
intention to do any wrongful act. It involves the murder cases, intentionally thief by
theft, transferred malice and so on.
Strict liability can be explained as a criminal. It refers to the negligently acted
instead of recklessly or intentionally. There are several exceptions that are not truly
come under the crimes but they are charged by the penalties according to the law.
(c) Three different legal system in UK
England and Wales: It is the part of three legal authorities of the UK. It
helps to cover the essential nations. It has been formed by the Act 1532 and
1542 of laws. It controls a common law structure that merges the passing of
prescription.
Scotland: It has own unconventional. It does not involve common law
structure but it includes mixed system.
Northern Ireland: It is related to the English law, Irish law and statute law.
The area of justice is responsible for all the courts which are related to
administration through the Northern Ireland court.
2.0 Sources of law in UK
(a) Explanation of hierarchy the principal sources of laws in English legal system
English legal system: It has been divided into three main authorities. Each and every statue has its
own rules and regulations or laws, court system, judges as well as lawyers.
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The hierarchy of the law comprises the supreme jurisdiction in order to the enforcement of
the law. These enforce implements the several acts and amendments for the statue. The first
hierarchy is followed by the centre law as well as the state law (Manes, 2020).
Legislation (primary and secondary): This law comprises the parliament or statute law,
case law and on the other hand the secondary law refers to extra legislation powers of the
government and this law is also known as the delegated law making or legislation. It
includes legal expert’s opinion, court’s decisions. These both laws are the procedure of the
statue. It also involves the supplementary law that is known as the international law.
The case law rules of common law and equity: This law is a structure of the principles
and processors that aids to develop with the help of the common and statute authority or
law. Equity arises with the Chancery courts that sought to diminish the rigidity of the law of
common. It is mitigated from the old English law when the judicature utilized their
discretion to seek for the justice in order to the natural law.
(b) Elements of the sources of the laws that are discussed in above question with the help of
the examples
The main part of the law are the legislation, customs, orders, regulations, rules, case
law which are previously determined the cases or acts those are the essential and
primary sources of the laws. The features of the sources of law are discussed below:
In the country, the legal structure or system imposes the rules and regulations
of equality for the purpose of treating the people equally in order to caste,
colour, gender and so on.
It assumes in setting up and managing the relations between the society and
the person.
It has been set up the peace and harmony in the society with the management
of the law.
This structure is very turbulent and complex in the nature of the legal
obligations.
The legal structure of the nation is dynamic as well as the limited in order to
expanding its area or boundaries as per the rules and regulations of the laws.
(c) The impact of the laws on the multilingual organization
These kinds of firms are generally multilingual and considered as the high language diversity. The
multilingualism furnish to organization superior flexibility to go around in number of different
positions within the firms (Marcacci, 2018). In the business, there are many migrate employees and
consumers so the company can merge the language capabilities with the skills. As per the
globalization comprises the favourable role for the organization in order to expanding the business
at the level of the international. They must have to separate the department of the multi linguistic
because the language has been characterized as the major barriers or hurdle for the any business
entity or the organization at the time of the expansion of the business or company activities at the
level of international market. It also refers to the society in department of the education that assists
in spreading the awareness regarding several culture among the individuals. These practices or
activities are related to the multilingualism those are useful or helpful in attempting the authenticity
of a specific region. It is the essential for the business to set up these kinds of activities for the
purpose of developing. Hence, the outputs of these laws on multilingual set up is that it aids in
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growth and development of the specifies area by furnishing the reorganisation to minority at the
level of national by implementing the several policies related to the diversified culture of the region.
3.0 Example of how the UK law making the procedure have a
direct impact on the commercial organization focusing on
Employment Law of the below list
Employment Law
It is the part of the company law that control or manage the relation among the employer
and employee. It plays crucial role in the functioning of the business activities in proper way. it aids
to protect the rights of the workers against the employers. As per the regulation or legislation, the
employment law is characterized as beneficiary law that assists to save the persons and make ensure
the fixed rights to the human being at the time of coming into the employment contract (O'kelley
and Thompson 2021). It is a wider law that helps to cover the several parts that are important for the
proper functioning of the business practices or organization because the employer or worker are
considered as the assets of the organization. It should be duty of the worker that they available
crucial or necessary facilities to their employees. It provides the surety to the employer against the
equality of the gender, discrimination and equality related to work and wages and so on. It helps to
cover the formation and non identified of the union trade. It is collection of the all the legislation
that are essential for the effective operation of the company those are as follow:
Employment rights act 1996: It is the upgrade version of labour law that states protection against
the wrongful act or practice. It aids to ensure the right of the leaves of paternity, maternity and also
claims against the unfair dismissal and so on.
Equity act 2010: It is the law which states the protection against the partiality or discrimination that
took place at the time of recruitment processor and the work place and so on. It has been mentioned
the security of the features that are not utilize as factor for the purpose of the taking decisions
regarding work environment.
National wages act 1998: The government of the UK enacted these acts to secure the labours rights
against their workers or employers (Vargas, 2020). According to the laws, the government charges
minimum wages that the owner has to pay to their employees or workers. The wages varies on the
age groups and works within the organization.
Part time worker (prevention of less favourable treatment regulation) Act 2000: the main
purpose of formulating these kinds of act is to decide the part time workers rights against the
inequality treatment with the employees that has done by the employers with the workers of full
time.
Data protection act 2018: It refers to the trending commercial organization that protects the
personal information of the individual or employees by their employers.
For illustration:
There are various rights or laws that must have followed by the commercial organization for both
the entities employers as well as the employees. The assets of the company have been considered as
officials personnel. These types of organization vary on the efficient functioning of the employees.
It is the duty of the business to protect their personnel rights (Wald2018). Hence, they both have
rights and regulations towards each others that have been discussed in below
As per the workers or employees act, an employee should have the rights to take sick leave,
holidays as well as the proper working tools and so on.
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They have right to raise their voice against the wrongful dismissal, redundancy claims,
equality with the part time and full time workers.
As per the country’s minimum wages act the owner or employers make sure that labour and
worker get their wages and salaries.
They have right to take effective or proficient working environment, provide the proper
safety tools and guards as per their work. They should provide their health insurance.
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Reference List
Cassel, D., 2018. The Third Session of the UN Intergovernmental Working Group on a Business
and Human Rights Treaty. Business and Human Rights Journal, 3(2). pp.277-283.
Farah, M. and Abdallah, M., 2019. Security, business and human rights in the occupied Palestinian
Territory. Business and Human Rights Journal, 4(1). pp.7-31.
Frizzo-Barker, J. and at el., Blockchain as a disruptive technology for business: A systematic
review. International Journal of Information Management, 51. p.102029.
Khan, L.M., 2019. Comment on Daniel A. Crane: A premature postmortem on the Chicago school
of antitrust. Business History Review, 93(4). pp.777-779.
Manes, P., 2020. Legal challenges in the realm of InsurTech. European Business Law
Review, 31(1).
Marcacci, A., 2018. Regulating Investor Protection under EU Law. Springer Science+ Business
Media.
O'kelley, C.R. and Thompson, R.B., 2021. Corporations and Other Business Associations: Cases
and Materials [Connected eBook with Study Center]. Wolters Kluwer Law & Business.
Üsdiken, B., Kipping, M. and Engwall, L., 2021. Professional school obsession: An enduring yet
shifting rhetoric by US business schools. Academy of Management Learning & Education, 20(3).
pp.442-458.
Vargas, M.J., 2020. Dodge v. Ford Motor Co. at 100: The Enduring Legacy of Corporate Law's
Most Controversial Case. Business Lawyer, 75(3).
Wald, E., 2018. The contextual problem of law schools. Notre Dame JL Ethics & Pub. Pol'y, 32.
p.281.
Wójcik, D., 2020. Financial and business services: A guide for the perplexed. The Routledge
Handbook of Financial Geography. pp.25-55.
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