BMP4002 Business Law: Legal System for Business

This article covers the legal system for business in BMP4002 Business Law. It discusses classifications of law, source of law, and UK law making process for employment law. It also explains the role of High Court and Supreme Court in the English Legal system, and the meaning of Delegated Legislation. The article concludes with the statutory duties of employers to their employees and wrongful dismissal and unfair dismissal actions.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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
The legislative assembly of the nation has posses the authorization of formulating the
laws for prevailing law and order all over the nation. The nation's legislature has been
drafting the law, in accordance with the changes that is happening around the globe in an
effective and efficient way for formulating the law for better functioning of the society. The
laws which has been sanctioned by the nation parliament must be abide by the citizens of the
nations. This paper will be discussing about the employment law of the United Kingdom. In
furtherance of the topic, it will also discuss about the hierarchy of courts of law as of their
specific roles. In addition of that, it also discussed about the sources of law, precedents and
further, explains about the delegated legislation.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law or sets of laws has been refer as legislation that has been sanctioned by the
parliament of the nation. The formulations of the new has been explained by the exact word
in regard of the action. It is the ordinance or the sets of ordinances that has been implemented
by the law of courts, which eventually regulate the state governments, the inter-relations
between the every authorities of the state government and the state affairs and the issuance in
respect of the relations or in regards of their conducts with each other. The sovereignty in
regard of the parliament is considered ordinarily as it is essential fundamental is regard of the
United Kingdom constitution. The united kingdom's parliament has posses the supreme
power which gave the authorities for formulating and eradicating the law.
The legal system of the United Kingdom has been bifurcated into three main
jurisdiction named as England and Wales, Scotland and Northern Ireland. Each of the
mentioned legal system has their own laws, their own system of courts, attorneys and judges.
Nonetheless;
 the legal framework that has been applies in one particular territory, specifically if
they has been obtain from the legislation then may be apply equally, or likewise in
another jurisdiction.
 The various jurisdiction courts has the authority to decide their particular cases
differently as compare to other territories, the supreme court of the united kingdom is
the only one who has the authority to hear the final appeal.
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However, the evolution process has been witnessed the disparity among the England and
the Wales laws as well as various territories of the England. The parliament actions will
take effect otherwise or at various times, in the several parts of the England and Wales
jurisdictions.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
Civil law are those laws that deals with the issue that are of the civil in nature and this
law includes the issues that are associated with law of torts, law of property, law of divorce
etc,. Or the another issues that are of civil in nature. In reference to this law, the end
settlement is covey to the parties who are aggrieved. It comprises laws like law of contract,
law of torts, and the law of employment etc.
Civil law of United Kingdom can be expound in antagonism of these three alternate.
1. The law of civil has been anti to laws of criminal.
2.Civil laws with the meaning of law of secular, as anti to ecclesiastic or another kinds of
spiritual law.
3. Laws in regard of the Civil as a legal method, is on the basis on the code of laws
(like the Napoleon code that has been formulated in France), as anti to the system of
common law, on the basis of the doctrine of precedent.
The significance thus entirely depends on the context. A cases which is criminal in
nature can be decided in a civil court if that court is secular in nature instead of religious kind
or of the court of a legal system of the continental, like France.
b) Criminal Law:
In cases of the criminal nature, there will be arrest by the police and questions will be
asked to the suspects and from the witnesses. They collect the evidence and take the
statements of the witness. There is a autonomous public authority named as Crown
Prosecution Service (CPS) which has the responsibility in respect to prosecuting the
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individuals in the England and Wales, those who are booked by the police personnel for
criminal offenses. The CPS is the authority which decides that the case has enough evidences
to refer to the court of law.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
The United Kingdom's, high courts heard the most serious, civil and family cases. It
includes three divisions which is Bench of Queen, Family and Chancery.
The biggest bench among the three high courts are the Queens Bench division in which it
includes various special courts such as the Admiralty, commercial, Mercantile, Technology
and Construction as well as Administrative courts.
The division of the Chancery deals with the law of the company, claims in regards of
the partnership, conveying, land laws, probate, patent and cases in respect to the taxation.
This divisions of the Chancery consist three specialist courts that are companies court, the
patents courts and the court of Bankruptcy.
England and Wales is bifurcated into six path or the definite geographical territories
in respect of the law practice. Those are the territories in which the judges of high courts
travel. Those six circuits are: South Eastern, North Eastern, Midland, Northern, Wales and
Western.
b) Supreme Court:
In the United Kingdom, the Supreme Court is the court of the final appeal. It heard
the appeals in which there is a debatable point of law in regard to the citizens of the United
Kingdom in cases of the civil nature and for the England and wales and Northern Ireland in
the cases of criminal. In respective of the Scotland, the appeal can take place from the lower
courts in regards of the criminal cases to the high courts.
The privy council's judicial committee, which consist the Supreme court justice and
few senior judges of the commonwealth, overseas regions of the United Kingdom,
dependencies of the crown and the military sovereign bases.
Part 2: Source of law
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Explanation of Case Law as a source of laws
In spite of the fact that, the all the laws has been formulated by the parliament of the
nation in the form of legislation, under the common law systems like the United Kingdom
courts which also develop the law. By laid down the judgments on the point of law which are
disputed by a senior courts also known as the court of record will change or provide the
clarity on laws, hence setting the precedents which all the lower courts are bound to abide by
that or apply in the relevant cases.
Explanation of the process of making Legislation
Parliament has the authorities to formulate the legislation, which are the House of
Commons and the House of Lords. Parliament acts are applied in four nations of the United
Kingdom. In the case of the Parliament of the Scottish, Northern Ireland Assembly and the
national Assembly of Wales can formed laws that delegated matters that only applies in their
own nations.
There are two kinds of bills that are introduced in front of the Parliament which are Public
and Private bills.
 Public or the government bills introduced to done alteration in the laws that effect the
public at great extent. It has been adopted by the cabinet of the government's program
in respect of the legislative.
 Private bills are non-government bills that are introduced by non-ministerial
participate of the parliament.
It includes three steps, at the first phase they prepared the draft and present it in-front of the
legislature. At the second level, the legislature member will examine about the respective
aspects of the conferred draft where objective and the title will be decided by the members of
the legislative assembly. And the third phase, it examined about the Royal assent which is
required for the draft for making it legal statute. After, it is obligatory for the citizens to
follow to the enacted laws.
The meaning and examples of Delegated Legislation
Delegated legislation is the same as the normal one. Those legislation which doesn't
passed by the the parliament but tit has been passed by the other authorities such as ministers
of government, local authorities and the other authorities which has power of the regulators.
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All these authorities needs an enabling acts which has been authorize by the parliament in
regard to adopting the legislation. Furthermore, it provide assistance in the save the time of
the legislative authority by pledged the matters in respects of the specific themes which will
be deals by the experts of the particular sector.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
All the organization which are operating in the United Kingdom must abide by the
particular legislation which is there to protect the rights of the employee’s to the equal and
fair treatment. The employer and employees has rights and duties as well as responsibilities
towards each other. The employee’s should look after the health and safety of their workers at
their respective workplace. As an employer, they have the responsibilities in regard of
ensuring that the relevant regulations for that particular industry must be followed. The
regulations can be vary in accordance with the kind of contracts and the contract of the
employee’s and the regulations that has been formulated on the basis of equal and fair
treatment at the workplace
Wrongful Dismissal and Unfair Dismissal Actions
The main differentiation when it came to the wrongful dismissal and the unfair
dismissal is that in regard of the unfair dismissal, it is a statutory right under the the
Employment rights act 1996 and in other words, the right a workers is entitled to irrespective
of what their contract mentioned, but in case of the wrongful dismissal, there is a contractual
right one that is mentioned in the employment contract. The workers has been entitled to get
a set wages as their salary. All the employee’s has the right to receive a minimum wages in
regard to the United Kingdom's national minimum wages. In the united kingdom, the
employer has the duty to provide safe environment at the workplace or at the organization.
Further the employer must not do any unfair dismissal and do not do any kind of
discrimination on the grounds of the caste, creed, color, age etc.
Conclusion
This report has been summarized that formulation of the legislation, law of
employment and the powers of the delegations. Workers got the benefited from the law of the
employment. In addition, the employer is bound to carry out the obligation in regard to their
workers as per the law of employment of the land.
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