Business Law: Classifications, Sources, and UK Legal System
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This report covers the classifications of law, sources of law, and the UK legal system. It explains civil and criminal law, the role of the High Court and Supreme Court, case law as a source of laws, and the process of making legislation. It also discusses employment law and statutory duties of employers.
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BUSINESS LAW
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Table of Contents INTRODUCTION...........................................................................................................................3 MAIN BODY...................................................................................................................................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......................................................................................................................6 Explain Case Law as a source of laws........................................................................................6 b) Wrongful Dismissal and Unfair Dismissal Actions................................................................8 CONCLUSION................................................................................................................................8 REFRENCES...................................................................................................................................9
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. MAIN BODY Part 1: Classifications of law Define laws and identify the respective legal systems in the UK. Law is one of the most important part of countries as it helps in monitoring of various activities from individual and public perspective. They helps in making various factors and elements outlined within the legislation or act that has been formed by government. The legal system of United Kingdom is based upon different aspects that is covered within two main laws which are criminal and civil law. These laws has helped in enhancing legal system through working upon factors and elements which causes disturbance in relation over legal structure within society. As per the legal system of United Kingdom there are two main laws that has been divided as civil and criminal law. Both civil and criminal law has helped in making improvement done in relation to legal framework through providing legislation within which wring and criminal activities are handled upon activities taking place in society. These laws has helped in enhancing legal system of United Kingdom by passing laws which has helped in making judicial process more effective in nature. These laws has been explained as follows: a) Civil Law: These laws deals with legislation that has been formed through dealing with all kind of wrong that has been committed by citizen living within society. In an country like United
Kingdom civil laws has played important role in serving justice with the helps of procedure defined within Civil procedure code. Civil law deals with cases in relation to property, tort law, contract law and money laundering withvarious other civil aspects. The code has helped in understanding about behaviour of employee's working within an organization. Also under civil laws penalties and punishments regarding civil law has been covered which makes money various aspects of crime covered in more effective manner. Through civil laws rules and regulations related to private person has been explained.The term “civil law” can have two meanings. First, it can mean matters of private law, such as personal injury, contract cases or other legal disputes between private individuals. This is distinct from criminal law. Second, it can mean a legal system based on a civil code(Rentorff, 2019). b) Criminal Law These law means those order that deal with various aspects based upon crime that is taking place within society. As per the law public at large is impacted due to offence committed by an person.Also criminal law offense committed are based over criminal activities taking place within society. Criminal law is handled through criminal procedure code that makes better legal structure enhanced within country like UK. Under criminal law offences likemurder, assault, rape , kidnapping, extortion and mob lynching is handled through fair means of justice. The lawmakes public to be protected from criminal activities. In criminal procedure code various aspects related with trial, proceedings and investigation has been explained. Also punishments process is provided within it. The law makes public safety achieved in United Kingdom. Criminal law makes various aspects of society covered within it related to criminal offense(Mora-Sanguinetti and Pérez-Valls, 2021). Explain the role of the following Courts in the English Legal system English legal structure is one of the most effective legal system and includes judiciary within it. The judicial structure of United Kingdom works upon hierarchy of courts within which Supreme Court is the highest court, then comes high court and in the end small courts exists. This is the structure of code that has been followed. Further High court and Supreme Court has been explained as follows:
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a) High Court The court has been given power within United Kingdom and holds responsibility in order to secure justice within English legal system. It has developed judicial proceedings process by proving various solutions in relation upon trials conducted in more effective manner. In High Court of United Kingdom there are three major divisions which are Queen's bench, Chancellory bench and Family bench. In Queen's bench criminal cases has been handled with all laws applied in relation to criminal context. This has helped in developing proper structure which makes justice served in criminal cases. Then in this chancellery division is present which is based over solving civil cases and handle all kinds of civil issues. Last division is family division in this all matters related to marriage and child born out of it has been solved in more effective manner. High court provide power to hear cases in which judgement in which appeal has been made to high court. The case cannot directly be presented within high court due to presence of hierarchy of courts within which proper process has been followed in effective manner(Simons and Handl, 2019). b) Supreme Court This is the highest court that has been give powers to deal with various kinds of cases that is transferred from high court. It is also known as court of appeal as it handles cases in the form of appeal. Also the court has allowed judicial framework formed within country. The court has been given various powers in relation to judicial fictions within country. The court has been given powers regarding various aspects in relation over case law. Supreme Court reverse decision of High court only when rigidity has been shown in it causing fundamental rights violated of an individual. The Supreme court uses common for such purpose helping in serving justice in its real sense.
Part 2: Source of law Explain Case Law as a source of laws. Case laws refers to those important laws which provide justice on those cases which comes directly from judicial decision. This source helps legal system to new law by analysing actual facts of particular cases. With the help of this source judges pass marker judgement which also become new law for the future. This source is used where legislation become ineffective on those cases where the society affected drastically fromthe impact ofactual law.It allows justice to serve in more effectiveand appropriate manner by making judiciary transparentfor society(Strathausen, 2017). Explain the process of making Legislation. Legislation is most important and effective source used to makenew law.The law which formed according to the source are statutory and permitted in nature and it also help the judiciary to take legal proceedings according to the formed legal framework.Three Reading process has been used for making any law which is explained in Constitution of UK. Provide the meaning and examples of Delegated Legislation. Delegated legislation is one of the important executive source of legal system as it give power to those authoritywhich is used to makes for specific event or purpose. After passing effective legislation these authorities have power to handle critical situation in moreeffective manner. The legislation provide power to subordinate authority to specified all important points withinits time period. It also help in to pass justice in its real sense and also help in to gain people truston legal systemof the country.For understanding thisan examplegivenis Ministery exercises power of applying emergency and can also be applied with the help of Privy Council. Part 3 United Kingdom's legal system is used to make law for the country which work in nost effective and relevant manner. Three organ of legal system are used to makelaware Legislative, judiciary and executive. Detailed explanation about these organs are given below:- Legislative:First and most important organ of legal system is used to make laws for the country. This organ used in United Kingdom or other country for passing legislation in
order to make permanent law. This help to make legal system more effectual by manakin law making process more successful in nature. For making law legislation used three reading process. In first stage bill is introduce to the parliament and no discussion has been done on it. In second stage discussion has been done over the bill and votes of houses of commons has been take. In thirdstage brief discussion has been taken upon the bills in Houses of Lords. In last and final for converting bill into permanent law Royal assistance is given which is applicable all over United Kingdom(Yusoff and Oseni, 2019). Executive:Second and most effective organ is executive in which laws are passed by the administrative. This organ allow to make subordinate authority for dealing the issue that faced by the common public of UK.Executive organ of legal system plays important role in which bills which permanent law work properly in all over the country. Judiciary:the third and most important organ of legislation is Judiciary the used law making processwhichhelpjudicial system work and served law in more appropriate manner. By the help of judiciary constitutional framework and fundamental rights work effectively in all over the country. It is the judiciary responsibility to protect justice in its real sense. (ii)Employment Law - These laws discussed problems and affairs related to employees within a company. This also help the employer to analyse rights sand duties towards employees or its company. And it also help to develop good relationship between employer's and employees of the company. These lawshelpsemployersolvevariousproblemsandissuesofdiscriminationandwagesof employees. a) Statutory Duties of Employers to their employment There are different types of duties employer that has been discussed below:- Wages should be given in secured manner and on timely basis Employee's should be treated equally as per equality law To maintain health and security of employees.
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b) Wrongful Dismissal and Unfair Dismissal Actions If an employee broke any code of conduct he can be dismissed from the company. This type of dismissal is mainly done when an employee conduct any theft, fraud or unethical conduct in order be ensure company work in more effectual manner. CONCLUSION From the above it can be concluded that legal system of the country provide proper structure for forming the any organisation in more appropriate and effective manner. This legal system help organisation perform various task that help them to achieve goals and objective in m,ore effective manner.. In this report civil law and criminal law is covered that deals with activities taking place within society. Then sources of law has been explained that acts as basic idea to form laws. In the end of report employment law is covered.
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.