Legal System for Business Law: Classifications, Sources, and UK Law Making Process

This report discusses the classifications of law, sources of law, and the UK law making process in relation to business law. It covers civil and criminal law, case law, legislation, and delegated legislation. It also discusses employment law, statutory duties of employers, and wrongful and unfair dismissal actions.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Table of Contents
Introduction .............................................................................................3
Part 1: Classifications of Law...................................................................3
Define laws and identify the respective legal systems in the UK......3
Explanation with examples the following as means of classification of
laws in the English Legal system.............................................................3
a) Civil Law: .....................................................................................3
b) Criminal Law: ............................................................................4
Explanation of the role of the following Courts in the English Legal
system......................................................................................................5
a) High Court:....................................................................................5
b) Supreme Court: ...........................................................................5
Part 2: Source of law................................................................................6
Explanation of Case Law as a source of laws .............................6
Explanation of the process of making Legislation.............................6
The meaning and examples of Delegated Legislation......................6
Part 3: UK law making process:...............................................................7
Employment Law .............................................................................7
Statutory Duties of Employers to their employees .........................7
Wrongful Dismissal and Unfair Dismissal Actions ..........................7
Conclusion...............................................................................................8
REFRENCES...........................................................................................9
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Introduction
Business law are those legal aspects which with establishment of business
organization as per legal framework that is presented within country. These laws
allows business organizations functions in appropriate manner. In these laws
guidelines has been prepared which makes business organization function in proper
manner. Also the law provide guidelines and rules which make proper structure of
business organization formed that leads towards achievement of goals and
objectives set by an business organization. Business law has formed various
legislation acts and laws which helps in producing legal framework that moderates
business functions. Through business law all functions of various kinds of business
organization is marked out. They are helpful in making sustainability developed in
goals accomplishment of business organization. Scope of business law are wider as
they impacts business operations directly. Further, the report is based upon basic
definition of law and important law existing within legal system of United Kingdom.
Also source of law has been discussed in the form of case law, legislation and
delegated legislation. In the end law making process of business organization has
been covered.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws are based upon those parts of legal system that has been formed in
order to deal with different perspectives of society. Law covers all elements which
impacts peace and order in society. It has been using legislation and acts which
made legal system improved within country(Holz-Rau and Scheiner, 2019). They
cover different legislation that is present in the form of acts formed in dealing with
legal problems caused due to legal activities of society. In United Kingdom there are
two main law which has been covered that is civil and criminal law. This makes
legality developed in more effective manner within country.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
Civil law means those laws that has been formed in relation to those activities
that has been formed by an individual and tends to harm another individual. These
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activities are known as wrong under civil law. Civil law has been formed in order to
develop understanding about factors that causes private crime occur within society.
Through civil law major impact is paid over wrong that has been conducted by an
individual living within society. Through civil law major impact is placed over private
laws formation. In this light upon behavioral patterns is thrown which exists in an
individual. Civil law covers those factors which make understanding developed about
applicability of legal acts in relation to an individual. Through civil law impact is paid
over activities conducted by an individual living within society. This makes justice
served in relation to civil law(DODDS, DIMANCHE and SADOWSKI, 2018). The
main impact regarding civil law has been covered within civil procedure code with all
kinds of procedure and process applied within civil case. The code of civil procedure
marks out all kinds of aspects related to investigation which has to be done in
particular case. Also common laws are used which helps in applying law as per
situation existing within society. It is used with civil law in securing justice over cases
based on property, law of torts, contract law , employment law and private law which
is made for it. Also civil law with the help of common law has made important
principles making justice procure in private law. Also these laws are different from
criminal law.
b) Criminal Law:
Criminal law means those laws which has been developed in relation to deal
with criminal activities taking place in society. These law has ability upon impacting
public at large as the offenses done by an individual harms society and cause
indiscipline within it. Criminal law covers only criminal offenses which has large
impact created upon life of people living within society. Criminal law offenses are
known as crime for which punishment has been mentioned to deal with such crime.
These laws are important as it helps in enhancing of legal system within society. In
order to deal with criminal offenses criminal procedure code has been formed. Under
the code procedure related with proceedings, trial and investigation has been
covered which helps in solving criminal case. Criminal law cover about various
offenses like assault, murder, kidnapping, rape, extortion, and money laundering.
These laws has been formed to punish heinous criminals and psychotic people.
Criminal procedure code is used by police in order to perform proper
investigation within criminal matters. As per this different legislation has been formed
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that helps court to punish various criminals in the form of penalties and punishment
which is appropriate for particular criminal case. These laws helps society in
developing public safety and security in relation to criminal case.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court is an important part of legal system of United Kingdom which deals
with cases of all types related to civil and criminal law. This court has three important
divisions that are Chancellery bench , Family bench and Queen's bench (Colantoni,
and et. al., 2016). These divisions has been given powers over passing judgment
within particular case with relevancy to its nature. First division is queens bench that
handles different criminal case and provide judgment in relation to it. Second division
is chancallory division dealing with issues of civil nature or private law. Third division
is family division which handles cases relate to marriage and child born out of it.
These divisions has reduced complexity in English legal system. Also high court
entertain cases within which judgments has been passed by lower court or has been
challenged within high court.
b) Supreme Court:
This is the highest court within the judicial system of United kingdom and are
known as court of appeal as it handles cases in the form of appeal. The court is
protector of constitution and fundamental rights which has been mentioned within
constitution of UK. Also the court are known as protector of legal system which
makes it more advanced in nature. Supreme court thrashes judgment passed by
lower court only when justice has no been served within it. These court deals over
those cases which impacts public interest. Also Supreme Court has been given
power to make legal interest served within United Kingdom. Further common law
principles has been developed by these courts which makes landmark judgments
become law within case.
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Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws acts as important source that has been used in order to form law
or mold the in effective manner without disturbing basic legal framework. These
sources helps in covering various loopholes that exists within statuary law. Also it is
important source since judgment passed becomes reference to be used for similar
case in future. This source uses second hand information from the case which
makes justice to be served in appropriate manner. It is based upon common law
principle which makes case understood in detail by enhancing legal system in
effective manner. In this facts, issues and legislation is covered making issues
solved in relation to judiciary which makes impact created for justice served. This
make laws applied in its real sense making principle of justice served.
Explanation of the process of making Legislation
Legislation is another important source which is based upon permanent law
which has been formed through following proper process mentioned in constitution.
These legislation are statuary in nature and is related upon various issues which
impacts society. The process that has been followed is based upon three reading
allowing statuary laws to be created that is applicable all over United
Kingdom(Cobetto, Aubin and Parent, 2018).
The meaning and examples of Delegated Legislation
Delegated legislation means those sub authority that has been given power to
handle administrative work. This has been formed through passing ordinance within
particular situation in which executives are not able to interfere directly. It is helpful in
reducing burden over executives through menacing legal system and dealing with
crime in effective manner. Also through delegated legislation legal power has been
improved which deals with crime in effective manner. This makes burden reduced by
allowing powers to segregate upon making ability within legal system possible. It
helps in making legal system more strong in nature. Example in relation to delegated
legislation is, ministry exercises power of applying emergency and can also be
applied with the help of Privy Council
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Part 3: UK law making process:
Employment Law
Employment laws means those laws which has been made upon dealing with
different aspects that is based upon issues faced by employees within an
organization. These laws are important as it helps in making employee's deal over
issues in relation to problem that is faced by them. It is important from perspective
which makes employees attain justice in relation over issues that is faced by them. In
these laws legislation has been formed which is based upon equality, employees
rights, unfair dismissal and employers right has been explained. These legislation's
are as Equality act 2010, Employees right act 1996 and National minimum wages act
1989. They helps in forming legal structure which is important for an organization. It
also makes employee's tribunal formed dealing with various aspects in relation over
employment.
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 Important responsibility that is related to employee's health and security of
employees that is one of the most important duty required to be followed by
an employer in an organization making development of health care standards
for employees safety(Arku, Yeboah and Nyantakyi-Frimpong, 2016).
 Wages of employee's it is another important concern which is based upon
legal structure in relation to wage. As per this wages should be given to
employees as per the rules mentioned within national minimum wages act
1989.
 Employee's requires to treat equal manner and no discrimination should be
done. This increase diversity within work place which makes unity developed
within an organization.
Wrongful Dismissal and Unfair Dismissal Actions
Under law unfair dismissal has been explained within Employees Right act
1996 which explains that employee cannot be dismissed without any valid reason in
relation to it. An employee can be dismissed in case of fraud, theft or violation of
ethical code of conduct. Also the act has defined about those factors which include
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various aspects making employee's sustainability increased. Also in this prior notice
is required to be given to employees before terminating them in any manner.
Conclusion
From the above discussion it can be marked out that business laws are the
laws that has been formed to deal with various factors which makes effeminacy
developed within working of business organization. In this file things covered is
based upon civil and criminal law that has been discussed in detail. In the end
employment laws has been covered with the concept of unfair dismissal and duties if
employer towards employee.
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REFRENCES
Books and journals
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element of urban planning: a missing piece in Accra's growth and
development. Local Environment. 21(12). pp.1500-1515.
Cobetto, N., Aubin, C. E. and Parent, S., 2018. Surgical planning and follow-up of
anterior vertebral body growth modulation in pediatric idiopathic scoliosis
using a patient-specific finite element model integrating growth
modulation. Spine deformity. 6(4). pp.344-350.
Colantoni, A. and et. al., 2016. Cities as selective land predators? A lesson on urban
growth, deregulated planning and sprawl containment. Science of the Total
Environment. 545. pp.329-339.
DODDS, R., DIMANCHE, F. and SADOWSKI, M., 2018. Planning for growth in
islands: the case of Cuba. Tourism management in warm-water island
destinations: systems and strategies. pp.95-107.
Holz-Rau, C. and Scheiner, J., 2019. Land-use and transport planning–A field of
complex cause-impact relationships. Thoughts on transport growth,
greenhouse gas emissions and the built environment. Transport Policy. 74.
pp.127-137.
Kim, J., Jeong, B. and Yoon, J., 2016. A technology planning approach based on
network and growth curve analyses: the case of augmented reality
patents. Journal of Korean Institute of Industrial Engineers. 42(5). pp.337-351.
Liu, B. and et. al. , 2017. Effective energy data management for low-carbon growth
planning: An analytical framework for assessment. Energy Policy. 107. pp.32-
42.
Park, Y. and LaFrombois, M. E .H., 2019. Planning for growth in depopulating cities:
An analysis of population projections and population change in depopulating
and populating US cities. Cities. 90. pp.237-248.
Pennock, M., Poland, B. and Hancock, T., 2016. Resource depletion, peak oil, and
public health: planning for a slow growth future. Geographies of Health and
Development, Abingdon: Ashgate Publishing. pp.177-96.
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Schuch, G and et. al. , 2017. Water in the city: Green open spaces, land use
planning and flood management–An Australian case study. Land use
policy. 63. pp.539-550.
Tian, L., 2016. Behind the growth: planning education in China during rapid
urbanization. Journal of Planning Education and Research. 36(4). pp.465-475.
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