Business Law: Classifications, Sources, and UK Law Making Process
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This report covers classifications of law, sources of law, and the UK law making process. It also explains employment law and the duties of employers to their employees.
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BUSINESS LAW
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Table of Contents INTRODUCTION...........................................................................................................................3 TASK...............................................................................................................................................3 Part 1: Classifications of law..........................................................................................................3 Define laws and identify the respective legal systems in the UK..............................................3 Explain the role of the following Courts in the English Legal system......................................4 Part 2: Source of law......................................................................................................................5 Explain Case Law as a source of laws........................................................................................5 Explain the process of making Legislation.................................................................................6 Provide the meaning and examples of Delegated Legislation....................................................6 Part 3: UK law making process......................................................................................................6 a) Statutory Duties of Employers to their employment..............................................................7 b) Wrongful Dismissal and Unfair Dismissal Actions................................................................7 CONCLUSION................................................................................................................................7 REFRENCES...................................................................................................................................8
INTRODUCTION Business laws are the law that helps in governing over rules and regulations which deals with formation of business organization. These laws deals with both commercial and corporate activities taking place in relation to business organization. The laws has been evolved from time to time as per requirements of legal system within an country. Further, legal system has made business law develop framework leading towards forming business organization with legality achieved in business organization. Also legal system and business law has important role to play within functioning of business organization. Scope of legal system and business law are wider as they effects business organizations directly. In this report classification upon civil and criminal law is done. The report explains about sources of law, UK law making process with contract law has been explained. TASK Part 1: Classifications of law Define laws and identify the respective legal systems in the UK. Law has been defined as those legal aspects which is used in order to make society better place to live. Under law solutions in relation to illegal activities taking place within a country is covered. These laws has helped in making legal structure formed in more effective manner which makes negative aspect within society handled in more effective manner. In the legal system of United Kingdom there are two main laws covered that are civil and criminal law. In English legal system more effectiveness has helped in procuring justice in its real sense(Conant, 2018). a) Civil Law: These laws are based upon legislation that has been used in order to deal over those aspects within which civil cases are covered. In other words civil law means those laws that has been formed in order to deal with individual's aspect within society. It has been helping in dealing with civil cases. Also civil law is major part of judicial system of United Kingdom as it made wrong committed by an individual handled with full efficiency. The major process of civil law has been covered within Civil Procedure Code. Further, civil procedure code covers process involved in dealing with cases of civil nature. This code defines about power given to police and judges for passing verdict or capturing evidences in relation to civil case. In this law activities done by an individual is known as civil wrong in civiol
laws cases related over private law, such as personal injury, contract cases or other legal disputes between private individuals has been covered. Further civil laws are used in common law by providing more relevancy in relation over civil cases. In England common law acted as basis of producing innovation within legal system of United Kingdom. Also it has helped in making fairness formed within the applicability of civil law. This makes landmark cases decided within particular situation which is used for serving justice in more effective manner. It also makes strong principles in relation to civil law covered in more effective manner. The principle is based upon facts and judgement passed within landmark case for serving justice(Beckers, 2018). b) Criminal Law These law helps in dealing with various kinds of factors that is based upon crime taking place within society. In the law public at large is based upon crime taking place within United Kingdom. In this criminal law various aspects in relation to judiciary has been provided in more effective manner. In criminal law offences like murder, assault, rape, kidnapping, extortion and mob lynching has been covered. The law makes public protected from various kinds of criminal activities taking place within society. These laws are one of the most important part of criminal law through studying about criminal procedure code. Under the code various aspects in relation to trial, proceedingsand investigation has been explained. Further, punishment has been provided within it. This law helps in protecting public from various types of crime taking place within society. This makes criminal offense handled in proper manner through providing justice upon criminal perspective. Explain the role of the following Courts in the English Legal system English legal structure is an important aspect which has been covered in relation to judicial proceedings taking place within courts. In this judiciary within United Kingdom covers about Hierarchy of Court within which powers has been vested within various courts like Supreme Court, High Court and lower courts. The structure of courts is based upon jurisdiction provided to particular court. Explanation in relation to both the courts has been explained as follows: a) High Court This is second highest court in United Kingdom has been holding responsibility in order to secure justice within various kinds of cases which makes judiciary conduct its process in more
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effective manner. In High Court of United Kingdom there are three divisions that has been provided which are Queen's bench, Chancellory bench and Family bench. The first division is Queen's bench in relation to criminal cases that has been handled in more effective manner which makes criminal law applied effectively in more effective manner. Then comes chancellor division which makes dealing with cases that an individual commits wrong which is covered within civil cases. Family division has been presented making dealing of cases related to marriage and child born out of its solved in effective manner. High court has been provided power over hearing appeal upon cases within which judgement has been passed by lower courts. In this case cannot be presented directly within high court as proper process is required to be followed within it(Alpa, 2018). b) Supreme Court This is the highest court within which all cases are handled which has been transferred from high court. These cases appeal's transferred from high court is handled by Supreme Court. The court deals with those cases that falls within the judicial framework formed within country. Also the court has been given various power in relation to handle various situation where judiciary is required to deal upon. Supreme Court can reverse the decision passed by high court if found that decision has failed to serve justice. Further, Supreme court can use common law to passed landmark judgement which becomes law in case when statutory law has failed for serving justice. The court can also as accountability of government in case when legislation passed has failed to serve justice. Part 2: Source of law Explain Case Law as a source of laws. Case law are based over those factors that has made justice to be served in more effective manner. This makes judicial proceedings done in more faire and effective manner it has helped in forming new laws used for covering loopholes existing within old legislation. In this source important judgement has been passed making law applied in more effective manner. Since they are based over common law principles which makes old legislation null void and makes society better place to live.
Explain the process of making Legislation. Legislation is one of the most important part of laws that has been made from laws which makes formation of laws and acts possible in more effective manner. It is helpful in proceedings and trials done as per legal framework formed within it. In order to for the law three reading process has been followed which has been explained within constitution of United Kingdom. Provide the meaning and examples of Delegated Legislation. Delegated legislation is one of the most important part of law which has been provided over those authority which has been formed for special purpose. These authorities is given power after passing special legislation by an executives which makes critical situation deal in more effective manner. This is an important part which is based over powers been given to sub authorities holding power within UK. They have been given power for securing all legal process within UK and has helped in applying law in more secured manner. In order to understand this example given is Ministery exercises power of applying emergency and can also be applied with the help of Privy Council. Part 3: UK law making process Legal system of United Kingdom is one of the most effective part of United Kingdom which helps in making laws in more effective manner. In order to form laws there are three organs that has been formed which are legislative, executive and judiciary. Explanation in relation to this has been provided as follows: Legislative:This is first organ that is used in order to form laws within country like UK. It makes organs to pass legislation becoming permanent law within United Kingdom. This makes various process of law making provided in more effective manner that has helped in developing legal structure in more effectivemanner(RendEisenstadt and Pacella, 2018). Also it has lead upon making laws or acts. Legislation uses three reading process for making law. The first stage bill is only presented within parliament and no discussion is done within it. Second stage discussion is done upon bill through voting within House of Commons. Then comes third stage which makes detail discussion done over bill in House of Lords. In the final stage Royal assistance is provided in making bill permanent law applicable all over United Kingdom.
Executive:This is second organ that has been used in relation to perform administrative work. Also the organ has power over forming subordinate authority dealing with issues faced by people living in society. It is important part of law making process. Judiciary:This is third organ used within law making process of United Kingdom and is used to operate judicial system which makes law served in more effective manner. Through judiciaryfundamental rightsand constitutional framework existing within country. They holds important responsibility upon protecting justice in its full sense. (ii) Employment Law - These laws are based upon those issues that has to be facedby employees. Also this helps in analysing about rights and duties of employer towards employees. These laws are focused over employee's and employer relationship making it more strong in nature. These laws deals with various issues like discrimination and wages related problems. a) Statutory Duties of Employers to their employment There are various kinds of duties employer that has been explained as follows: To maintain health and security of employees(Eisenstadt and Pacella, 2018) Wages should be given in secured manner and on timely basis Employee's should be treated equally as per equality law. b) Wrongful Dismissal and Unfair Dismissal Actions Employee's can be dismissed only when ethical code of conduct is broken by employee. In this wrongful dismissal is mainly done on the basis of fraud, theft or any unethical conduct is done in more effective manner. CONCLUSION From the above discussion it can be marked out that business laws are those laws that deals with formation of business organization by allowing proper legal framework formed in relation to it. Further, the report has covered things in relation to delegated legislation which is based upon distribution of power by an executive to subordinate authority. Then case law has been explained within which landmark judgment has been passed which becomes law. Along with this legislation are covered in source of law helping in making permanent law. Then employment law aspects in relation to unfair dismissal is explained.
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REFRENCES Books and Journals Alpa, G., 2018. Arbitration and ADR reforms in Italy.European Business Law Review,29(2). Beckers, A., 2018. The Creeping Juridification of the Code of Conduct for Business Taxation: How EU Codes of Conduct Become Hard Law.Yearbook of European Law,37, pp.569-596. Conant, L., 2018. 6. Europeanization and the Courts: Variable Patterns of Adaptation among National Judiciaries. InTransforming Europe(pp. 97-115). Cornell University Press. Deipenbrock, G., 2018. Direct Supervisory Powers of the European Securities and Markets Authority (ESMA) in the Realm of Credit Rating Agencies–Some Critical Observations in a Broader Context.European Business Law Review,29(2). Deipenbrock, G., 2018. Private Enforcement in the Realm of European Capital Markets Law Revisited and the Case of Credit Rating Agencies from the Perspective of European and German Law.European Business Law Review,29(4). Draper, C. and Raymond, A.H., 2020. Building a risk model for data incidents: A guide to assist businesses in making ethical data decisions.Business Horizons,63(1), pp.9-16. Eisenstadt, L.F. and Pacella, J.M., 2018. Whistleblowers Need Not Apply.American Business Law Journal,55(4), pp.665-719. Luhmann, N., 2018. Some problems with ‘reflexive law’. InLaw, Legal Culture and Society(pp. 184-198). Routledge. Mora-Sanguinetti, J.S. and Pérez-Valls, R., 2021. How does regulatory complexity affect businessdemography?EvidencefromSpain.EuropeanJournalofLawand Economics,51(2), pp.203-242. Rentorff, J.D., 2019. The concept of business legitimacy: Corporate social responsibility, corporate citizenship, corporate governance as essential elements of ethical business legitimacy. InResponsibility and Governance(pp. 45-60). Springer, Singapore. Simons, P. and Handl, M., 2019. Relations of ruling: a feminist critique of the United Nations Guiding Principles on Business and Human Rights and violence against women in the context of resource extraction.Canadian Journal of Women and the Law,31(1), pp.113- 150. Strathausen, R., 2017. Masters of ambiguity: How legal can lead the business. InLiquid Legal(pp. 9-32). Springer, Cham. Yusoff, S.S.M. and Oseni, U.A., 2019. Standardisation of legal documentation in Islamic home financing in Malaysia: A literature survey.Journal of Islamic Accounting and Business Research.