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

This article covers the classifications and sources of business law in the UK legal system, as well as the law making process. It explains civil and criminal law, case law, legislation, delegated legislation, and the roles of the legislative, executive, and judiciary organs. It also discusses employment law, including the 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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Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
Business laws are those laws that has been formed in order to make business
process run in smooth and effective manner. As per the laws various aspects in
relation to business organization is covered within it. Under business laws over all
perspective of business is covered which makes law and legislation formed in
relation over it. Further these laws covers about business environment by forming
legislation in relation to it. As per assessment things covered is based upon various
kinds of laws that is used within UK legal system. Also there are various important
sources which makes law formation possible. In the end law making process of UK is
discussed.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law are those rules and regulations that has been formed in order to protect
society in more effective manner which makes balance created within society.
Further law covers those elements that impacts society in both positive and negative
manner. As per the legal system of United Kingdom various laws has been covered
as per the nature of activities taking place within society(Kubacki, Szablewska and
Kennedy, 2019). Further law holds various responsibility making business
organization achieve various objective and goals in more effective manner. Law
covers aspects which helps in procuring justice in its real sense. There are two
important laws which are followed within UK and they are civil and criminal law.
Legal parameters is set only when particular law or legislation has been studies in
detail. Law are basic part of judiciary which makes legal perspective covered in order
to provided legal structure to country like UK.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: These are those laws that deals with wrong committed by an
individual to harm another individual. Such law has helped in making various laws
formed that handles cases related to tort, property, banking, corruption and money
laundering is present. As per civil law Civil procedure code has been made providing
jurisdiction in relation to civil issues that has raised within court. As per Civil
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procedure code penalties has been defined in relation to sections covered within it.
Under civil law matters of private laws are covered which makes civil disputes solved
in proper manner as per law. This is one of the most effective law applied over civil
law. Civil law is a legal system originating in mainland Europe and adopted in much
of the world. The civil law system is intellectualized within the framework of Roman
law, and with core principles codified into a referable system, which serves as the
primary source of law. The civil law system is often contrasted with the common law
system, which originated in medieval England, whose intellectual framework
historically came from unmodified judge-made case law, and gives presidential
authority to prior court decisions. These laws are applied all over the place England
and Wales court.
b) Criminal Law: These are those body of law which is defines about criminal
offenses taking place in order to cause harm to society. As per the law various
aspects in relation upon criminal activity is covered(Gentile, 2017). Criminal law has
criminal procedure code which covers about arrest, trial and charge-sheet that is
filed after performing investigation over particular criminal offense. Under these law
those body of rules and status has been defined in order to control crime within
society which makes goal of public safety achieved by United Kingdom. As per these
laws various process has been defined Showing responsibility upon managing
various aspects related to society.
Explanation of the role of the following Courts in the English Legal
system
a) High Court: This is the second most important court with the judicial
system of United kingdom. The court holds responsibility to secure justice in
its right sense. Also there are three divisions that handles various aspects of
civil and criminal cases. The first division is Queen's bench that handles all
cases related to criminal perspective and then comes Chancellor division
which handles cases related to civil nature. In this family division is there that
handles all cases related to marriage and child born out of it. Further these
courts handles appeals that is been transferred from lower courts.
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b) Supreme Court: This is considered to be highest court of appeal in United
Kingdom which handles all cases that has been transferred from high court.
Also they have been given power to guide constitution and protect
fundamental rights of an individual living within country. The court has various
other power like deciding about chief justice and seeking that lower court and
high court performing in more effective manner. Also Supreme court if headed
by Chief justice and panel of judges. They can advise government in relation
to procuring justice in its original form by putting sty over laws which are non
constitutional in nature.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law acts as one of the most important source of law as it provide new
laws to be formed in more effective manner. This is based upon the concept of
common law which makes judges analyses particular case and form law out of it. It
has been provided to judges so as to make legal system more secured in nature.
Explanation of the process of making Legislation
Legislation is one of the most important part of legal system that makes laws
to be formed in more effective manner. Further legislation helps in forming law with
the proper process that is been provided as per constitution. Legislation are those
regulations which has been formed over making laws related to different aspects
existing within society(Fairchild, and et. al., 2018). This is one of the most important
source that makes law formation possible. Under legislation three reading process is
followed within which at first stage bill is only presented and no discussion is done
upon it. Then in second stage discussion is done over the bill with proper voting in
house of Commons. Third stage Lord of House has discussion upon it then it is send
for Royal assist ti make proper law applicable all over UK.
The meaning and examples of Delegated Legislation
Delegated legislation means those secondary legislation or subordinate
legislation which is used by an executive authority as per the powers that is given to
them in order to make subordinate authority with special power for acting under
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emergency situations related to legal structure of an organization. These authorities
are formed through passing special legislation. Example of delegated legislation is
bringing into force emergency powers to be exercised by Ministers. Orders of
Council are made by the Lords of the Privy Council
Part 3: UK law making process:
Legal system of United Kingdom has different organs which has important role to
play in the law making process. These organs are legislative, executive and
judiciary. Further explanation regarding the role of the organs has been explained as
follows:
 Legislative: These are one of the most important organ that has important
role to perform within law making process of UK. In order to form laws
legislative has been given power through three stage reading making bill to
become permanent law. As per the process first stage includes presenting of
draft or bill within House of Commons. In second stage discussion is done
over the bill and voting is done upon it. Then comes third stage within which
amended bill is discussed and send to House of Lords for final analysis.
House of Lords send the bill to Monarch for royal assistance then only bill
becomes permanent law(Dickinson, 2017).
 Executive: This organ helps in providing execution of formed law in proper
manner within UK. Also they hold responsibility regarding administrative work
of a country. Further power of delighted legislation is one of the most
important feature of executives that makes sub authority formed making laws
applied is able to serve justice.
 Judiciary: This is third most important organ of an law making and included
working of judicial system within it. Judiciary requires to keep check over the
situations created after new law has been formed. This is done to avoid
violation of fundamental rights and constitutional framework of a country. They
are known as the procuring of justice in its real sense.
Employment Law
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These are the laws that has been formed in relation to protect rights and
duties of employees through which relationship between employer and employee
becomes strong. Further the law is based upon various aspects like equality, health,
security and wages.
Statutory Duties of Employers to their employees
As per the law there are certain duties which employer has to follow in relation to
employee. These duties are given as follows:
 It is the responsibility of employer to provide better business environment in
order to make employee satisfaction achieved(Batteau and Trainor, 2017).
 Employees safety should be first which can be achieved through providing
various kinds of health facilities like regular check up from doctor and making
sure that every employee is vaccinated.
 Also employees should be treated equally within an organization which makes
goal of diversity achieved within an organization.
 Wages should be given on timely basis as per the work that is done by an
employee.
Wrongful Dismissal and Unfair Dismissal Actions
Employees cannot be dismissed without any specified reason as per
employment law section 92 that deals with unfair dismissal of employee. As per this
an employee can be terminated only when ethical code of conduct has not been
followed and fraud is done by employee.
Conclusion
From the above discussion it can be concluded that business laws are those laws that
has been formed in order to make business organization work in more effective manner.
These laws makes business organization develop proper legal structure. As per the file civil
and criminal law is explained in detail with law making process of United Kingdom. Further
employment law is covered with duties of employer towards employee and unfair dismissal.
REFRENCES
Books and Journals
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Dickinson, A.L., 2017. Recent Ethics Opinions of Significance. J. Legal Prof., 42, p.291.
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Gentile, M.C., 2017. Giving voice to values: A pedagogy for behavioral ethics. Journal of
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Kubacki, K., Szablewska, N. and Kennedy, A.M., 2019. Guest editorial: Social good and ethics
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Cham
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