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

This report discusses the UK legal system, including the classifications and sources of law, the law making process, and the statutory duties of employers to their employees. It also covers wrongful and unfair dismissal actions. The report is relevant to students studying business law and employment law.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
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Contents
1

Introduction 2
Part 1: Classifications of Law 3-4
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 3-4
a) Civil Law 3
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 4-5
a) High Court 4
b) Supreme Court 5
Part 2: Source of law 5-6
Explanation of Case Law as a source of laws 5
Explanation of the process of making Legislation 5
The meaning and examples of Delegated Legislation 6
Part 3: UK law making process: Employment Law 6-7
Statutory Duties of Employers to their employees 6-7
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion 7
2

Introduction
Law is an important source which helps in managing the rights and the command on
all the areas for the individuals. The main aim of law is to promote peace and equality and
also to up rise the major implications through which the protection of the society can be
managed. In UK there are House of Commons and House of Lords in which both the houses
helps in making the law and implementing the general rules and the behavior accordingly.
Their are generally the civil and the criminal law through which all the work and the
protection of environment is managed(Lewis,and Sargeant, 2019). In this report their will be
a general analysis on all the legal system of UK with their varied sources and also the role of
court through which all the manages it is being laid. It will further also promotes and manage
all the statutory obligations applied in the employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law or the English legal system manages all the rules and the functions in which the
management and the work are being assigned. Their impose that some of the major legal
system promotes in UK is the statutory law and Common law. Their provides the main aim is
to protect the public and the private rights of the individuals. As constitution of UK is
unwritten and not wholly codified, there is been seen that House of Common promotes and
manage the investigation through which all the law making can be applied and managed.
Whereas, in House of Lords all the further examination, investigation and the general
adherence are being covered(Miller and et. al., 2021). They are mainly the statutory rights.
The common law is generally the judge made law which promotes the major reflective areas
through which all the work can be implemented and the general terms are being concerned. It
manages that all the decision that are being taken by the judges are considered in it.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
This is mainly the rights and the legal obligation which helps out to protect the
property of an individuals and also manages to remove infringements of any of the property
rights. It manages all the roots and the legal rules which are being drafted through
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management and the effective meaning and work. It provides the civil liabilities and the
probability in all the working areas. The major issues which are being laid in all such areas
are like the issues that are being related to family, property, commercial areas and other
agreed terms. The remedies which are been given in all such civil matters are injunction,
damages and all the legal implications and methods. All such rules are being taken as through
county court, high court and supreme court(Cairns, 2021).
b) Criminal Law:
This effectively concerns in protecting the rights and the liabilities of the individuals
the major focus of the criminal law is to manifest and apply all such law and implication
through which the vary nature and their working can be managed. They try to remove all the
harm in the society and also to manage the peaceful life and standard of living. The major
hierarchy of court which deals effectively with all the criminal law cases are like crown court,
high court, Queens bench, youth justice court and supreme court. The main focus of all such
is to punish all the offenders and to create a safe environment in all the areas. It focus on
managing the endurance and the viability of nature of work (Morris, and et. al., 2021).
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
This helps in managing and effecting all the laws and the justice in UK. This is the
second highest appeal raising court which manages all the manifestations and the promotional
areas. They are divided in different divisions and management in which the Chancery
divisions, Queens bench, Family court and county court all these are divided to frame and
manage different cases in all aspects. All the single judges are seated up in Queens bench and
the divisions are managed and implicated in Divisional bench. It focus on providing all the
accurate decision for all the original and the appellate matters in the court. They manages and
promotes the working and effective nature. When the individual is not satisfied with the
decision that is being given by the high court they can move to the supreme court as for
proclaiming the justice.
b) Supreme Court:
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It is the highest court of appeal and all the final decisions are being lasted in it. This
involves all the issues and the matters ion which the general civil, criminal and other
important judgments are calculated. It focus on implementing certain strategies in which the
main aim is to manage the security and the sovereignty in citizens. It promotes the public
importance through which all the work is managed and all the decisions taken by the judges
of supreme court is final. They try to deal with all the matters which consolidates the public
importance. It was established in 2009 and deals with all the law suits and methods(Sawyer,
2019).
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws are mainly all the judge made law which implies the judgment through
which the approval of the parliament is being given. It is also known as common law and it
reflects and manages all the laws and the regulations through which the individuals can gain
the abrupt safety. All the law which are made by the judges are assigned in proper law reports
through which the clarification and the working implications are managed. All the laws
which are made by the judges will create a binding impact on all. It considers to have the
adversarial system as judges hear all the relevant facts and the judgments that are being
underlined. It is merely the judicial precedents which incorporates and manages effective
strategy through which the cases are being idealist (Bacon, and Rooth, 2018).
Explanation of the process of making Legislation
Legislation is mainly the law making methods and implementations through which all
the rules and the statues are being made so as to manage the effective work. In UK thei9r
implies that all the law and the vary nature considers to have the primary and the secondary
sources of law. It validates that all the major areas and the concerning rules are being made
through bills which were being passed through both the houses. When the new law is being
implemented there is seems that all the varies stages are contemplated. Their were several
readings being made in order to manage the law they implies that law making bodies are
assigned. Here the bill is being issued in different stages through which the necessary
amendments are being made through effective voting. It also cover all the loopholes that are
been seen in the bill. Here both the houses take the nature and the work accordingly and
manage the effective function by implementing the discussion on all favored areas. Once the
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assent is being given by monarch then it will help in managing the rules and the nature
through which act is established. The l;aw being made will be applied on all the individuals
in UK.
The meaning and examples of Delegated Legislation
It is the legislative power which is vested in the individuals who manages and make
varies rules and the applications. It is also called as subordinate legislation through which the
power is transferred to all the person and the work in which the assigning of the task are
being made. Their implies that delegated legislation helps in making the law with the help of
expert knowledge as all the person who are capable in managing the rules and the principles
use to get the power to make such laws. It is mainly being made in order to save time and
also to imply regulations and the behavior (Armaly, 2018). Some of the major example of all
the delegated legislation are like by-laws, order of council, rules made in emergency etc. it
manages the statutory compliance through which the vary nature and the work is
contemplated.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law 1996 provides all the regulation and the protection of rights of the
employees which are being working form any kind of discrimination. They are like:
 Their should not be any kind of wrongful or unfair dismissal in any of the
organization. Their is needed to be managed a proper notice to be served for their
dismissal(Slack, and Hartnett, 2020).
 The employers will have to manage all the health and the hygiene facilities for their
work force through which the effective treatment and the medical facilities can be
provided.
 Adequate training sessions are needed to be provided to all the work force as in order
to maintain the effective strategy and also to direct the nature through which all the
employees will not suffer any accidents.
 The salary and the wages are needed to be provided on proper time period to all the
employees. Their should not be any issues and discrimination on the basis of salary
and payments.
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 Sick leave, maternity, paternity and parental leaves are needed to be provided to all
the employees being working.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal is generally the breach of the regulations which are being made
in the employment law under which all the rules and the methods are made. It is generally
when the employees who are being working in the company use to be effected by the
wrongful termination. As when the employee is terminated without a proper notice which is
being served to all. It is being made when the person is terminated in a wrongful manner
without the fulfillment of all the practices being made in it. All the employees can go to the
tribunal in order to maintain the law and can also ask for compensation(Wanstok, 2019).
Unfair dismissal amounts to removal of all the person through unfair means and
practices in which their will not be any person who are managed under it. These can be all
such termination in which there is usually like the issues mainly termination due to maternity
leave, flexible working hours, denial from indulging in any illegal activity (Ahmed, and et.
al., 2020). The employees in all such cases where they are removed wrongfully can ask for
compensation and damages.
Conclusion
The conclusion which can be seen from the above report is that law is the most
important principle in the society and this helps in providing all the commands and the
regulation through which the growth and the public importance can be generated. Legislation
implies the law making process through the drafting of the bill and also by making and going
through several stages. Civil law incorporates the law which is needed in order to manage the
property right and also for the safety of individuals. Delegated legislation is the subordinate
law makers which helps out to make different laws in accordance with the work and the
general terms. Further more it can also be concluded that, employment helps in protecting the
rights and the statutory obligations of the employees and there is been analyzed that all the
vary nature and their rights are being made in order to protect them from wrongful unfair
termination. This also manages all the contemplation through the working nature.
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References
Ahmed, F., and et. al., 2020. Why inequality could spread COVID-19. The Lancet Public
Health, 5(5), p.e240.
Armaly, M.T., 2018. Politicized nominations and public attitudes toward the Supreme Court
in the polarization Era. Justice System Journal, 39(3), pp.193-209.
Bacon, G. and Rooth, K., 2018. Further clarification from the English High Court on
jurisdiction to hear claims involving foreign patents. Journal of Intellectual Property
Law & Practice, 13(1), pp.3-4.
Cairns, M., 2021. Originalism: Can Theory and Supreme Court Practice Be Reconciled?.
Geo. JL & Pub. Pol'y, 19, p.263.
Lewis, D. and Sargeant, M., 2019. Employment law: the essentials. Kogan Page Publishers.
Miller, C., and et. al., 2021. Embedding changes in legislation for organ and tissue donation
across England and Jersey. British Journal of Nursing, 30(5), pp.310-312.
Morris, D.J., and et. al., 2021. Ethnic disparity in mental health legislation at the point of
inpatient entry: pilot review in detained adolescents with developmental disorders.
The Journal of Forensic Practice.
Sawyer, T.L., 2019. Employment Law: Coach-on-Athlete Abuse: Editor: Thomas H. Sawyer.
Journal of Physical Education, Recreation & Dance, 90(7), pp.46-47.
Slack, K. and Hartnett, A., 2020. Case note: Reflections on the high court decision in'Love v
Commonwealth of Australia'[2020] HCA 3: The constitution, indigenous rights and
immigration law. Precedent (Sydney, NSW), (159), pp.47-49.
Wanstok, S., 2019. The Sky-High Court: Determining Proper Venue for Crimes Committed
on Board Domestic Flights. U. La Verne L. Rev., 41, p.220.
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