BMP4002 Business Law: Legal System, Classifications, Sources, and Employment Law

This report covers the legal system, classifications, sources, and employment law in BMP4002 Business Law. It defines laws and legal systems in the UK, explains civil and criminal law, and the role of the High Court and Supreme Court. It also discusses case law, the process of making legislation, and delegated legislation. Additionally, it covers the statutory duties of employers and actions against wrongful and unfair dismissal.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law 4-6
Define laws and identify the respective legal systems in the UK
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Explanation with examples the following as means of classification
of laws in the English Legal system 5-5
a) Civil Law 5
b) Criminal Law 5
Explanation of the role of the following Courts in the English Legal
system 5-6
a) High Court 5
b) Supreme Court 6
Part 2: Source of law 6-7
Explanation of Case Law as a source of laws 6
Explanation of the process of making Legislation 7
The meaning and examples of Delegated Legislation 7
Part 3: UK law making process: Employment Law 8-8
Statutory Duties of Employers to their employees 8
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 8
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Introduction
The business law is an essential aspect of law in general as, without
same, manufacturing sector, corporate sector and retail sector would fall in
tyranny. The objective for putting law and business together is for maintain
functional and safe working space for every individual included in the
business, whether they were running this or working for people who run this.
The report is divided into three parts, part 1 consist of classification of law
which summaries definition of law and legal system in UK, explains
classification of law as Civil and Criminal law, this also explains courts in
English legal system as Supreme court and High court. Part 2 includes
sources of law, this explains case law as source of law, process of making
legislation and meaning of Delegated legislation. Part 3 consists of law making
process in context of employment law, this includes duties of employer and
action against unfair dismissal.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
According to John Austin the law is defined as “Law is the collective set of
rules set through a man as politically superior, or sovereign to men, as political
subject.” this definition of law defines a set of rule which is to be followed through
everyone. The UK have three separate legal system, for Scotland, England and
Wales and Northern Ireland. This reflect their historical origins. The below answer
deals with the legal system of England and Wales, but this make reference in other
part of UK which is relevant. The UK have an unwritten constitution in which there is
no single written document which set out right of individual citizen and how
government have to act. The constitution of UK have variety of sources, some of
them are written and others were unwritten. The UK have a parliamentary system for
governance, with Westminster parliament going to be the supreme law making body.
The doctrine for supremacy of parliament means that court accept legislation
enacted through parliament which take precedence on the common law.
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Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
The civil law is a major branch of law. The common legal system such as
England and Wales, the term is referred as non-criminal law. This law is related to
civil wrong and contract which is a part of the civil law, as property law (any wrong
related to property such as theft or vandalism). The civil law is divided in substantive
and procedural law. The persons rights and duties among them is primary concern of
civil law.
b) Criminal Law:
This is not the law which concerns with commercial or civil disputes. This is a
body of mechanism and principle designed for bringing criminal suspect of justice
through fair trials, for acquit an convict and innocent and punish the guilty. Recently,
this will be accepted as the role of criminal law which include form of obligation as
rehabilitate offenders. As the purpose of discussion, the criminal law have laws
related to investigation of police, sentencing and criminal trials. In the criminal law,
judgments were made as per the principle beyond reasonable doubt, in contrast of
the principle used in English civil court in the balance of probability. Most importantly,
the criminal law is basically morally based. Every crime carry on the element for
immoral responsibility as mens rea. The person have to be punished and convicted
only if there are coincidence of two element such as actus reus and mens rea, this is
the physical act coincide with criminal intent. The crime is associated through
concept of malice, dishonesty, etc.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
The high court deals with appeals of decisions made in lower courts and civil
cases. This is based in London at Royal court of justice, this have district registries
from England and Wales in which almost every high court proceedings have to be
heard and issued. The high court cases are heard from single judge, but some kind
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of hearing such as judicial review and criminal appeals were assigned on a divisional
court, this is the bench of two or more judges. The jury will be occasionally sit in high
court, only in cases includes false imprisonment, fraud, defamation and malicious
prosecution. The high court is bound from doctrinal precedent through the decision
of each of the above court (which are, supreme court and court of appeal). The
appeal from decision of high court judge is made to court of appeal and then to the
supreme court. The decision of high court is binding on the lower courts.
b) Supreme Court:
The supreme court is a final court of appeal for each and every UK criminal
case and civil case from Northern Ireland, England and Wales hear appeal for
arguable point of law as general public importance concentrates on the case of
greatest constitutional and public importance develops and maintains the role of
highest court in UK as leader in common law world.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law also refereed as a judicial precedent is a law which has been laid down by the
respective superior courts. Basically, the judicial precedent has been functioned under the
rule of the stare decisis which precisely means 'to stand by their decisions'. It is the principle
which refers that the all the lower court of law must follow and abide by the law which has
been set down by the superior courts in there previously heard cases.
In reference to this principle to function, a judge of the courts of law must aware about the
previous judgements of the courts. It can be possible by the making of the case report or the
law report. However, the beginning of the collections of the cases which has been decided,
that was started way back in 19th century in a formalised way of collections of reports of law
and it was established in the England and the Scotland. At the present times, there are several
series of law reports has been published, which mentioned previous judgements and they
also do addition of other supplementary information by the editor. Generally, it takes times in
between the pronouncement of the judgements and being published in as a report. Akin
systems of law of reporting has been operated in the other common law jurisdictions. The
prime sources of the case laws are reports of laws, digests and transcripts which is officially
published.
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Explanation of the process of making Legislation
A new which has been proposed is referred as a bill. Bill which has been proposed must be
passed by both the Houses of the Parliament and must obtain the Royal assent from the
Queen.
In the beginning the bill is being introduced by the First Reading. Basically, it is considered
as a official announcement that a bill has been going to be proposed and what it will be about.
It provide the sufficient time to the Member of the parliaments to prepare their points and
discuss over it.
Soon after the first reading, the second reading came. At this phase the, the principle of the
bill has been considered by the floor of the house. Then the bill has been sent to the smaller
groups of the Members of the Parliament, to examine the proposed bill in the in depth detail.
On the third reading stage, the subject matter of the bill has been debated and the member of
the parliament caste their vote in favour or against the bill. If the ruling government has the
majority in the parliament then the bill will be passed to the House of Lords.
When the bill has been passed by the both the houses, then the bill has been sent to the Queen
for the getting the Royal assent. When the bill got the Royal Assent by the Queen then the
proposed bill became the act of the parliament and became the law of the land.
From the 1952, 3135 act of the parliament has got the Queen Royal Assent.
The meaning and examples of Delegated Legislation
Delegated legislation also referred as the secondary legislation or the
subordinate legislation or the subsidiary legislation, it is procedure via which the
authority who posses the executive powers through the primary legislation for
formulating the laws for implementing and administering the demand of the primary
legislation. Those laws has been made by the individuals or by the administrations other
than the legislature but must be posses the authority of the legislature’s.
The legislation by the legal authority or any local as well as other authority other than the
legislature but below the authority of the qualified authority is refereed as Delegated
legislation. The legislation's which is formulated by the body other than the parliament.
Parliament is the primary legislation and the delegated legislation is known as
secondary legislation.
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Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Under the common-law, all the employers has the duty to care their workers.
Further, in the Health and Safety at Work Act 1974 (HASAWA) has stated that the
all employer has the duty insure that the all the employee at the workplace will be
treated reasonably and their health and safety and their welfare will be secure. The
employers should take risk assessment for determining the factors which is
mandatory for compiling with the act and the other related regulations.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal is the dismissal where the individual is being dismissed
from their course of employment by the contract breach. It is distinguished from the
unfair dismissal, in this dismissal it is based on the law of contract. When any
individual dismissed then in that event they can claim compensation in respect to the
financial and other subsequent benefits that would they will receive will being in the
contract.
In accordance with the section 94 of the employment rights act 1996, all the workers has
posses the ability to seeking claims and damages in regard of their unfair dismissal.
Those employees who are starting fresh at o after 6 April 2012, they will posses the
rights for not being unfairly dismissed basically raised after the continuous employed for
two years.
Conclusion
In the above report this is concluded that the law of employment, legislation,
law of tort, contract law and delegation of powers. The business law are for
development of business. The delegation of work can release extra load from the
higher authority. However, the employer is bound for carry out an obligation in
respect of their workers as according to the employment law in the country.
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