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

This report discusses the legal system for business law, including classifications of law, sources of law, and the UK law making process. It also covers employment law and statutory duties of employers to their employees.

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 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 law means the laws that has been used for formation of business
organization. This law has helped in developing structure in relation to business
organization that leads towards development of business organizations as per legal
structure present within country. These laws has helped in developing legal structure
helping in making goals and objectives that has been set by an business
organization. The law has made development of business legislation helping in
making running of various process with appropriate legal aspect. The law has
important role to play in relation to knowledge upon different perspectives related to
business organization. Scope is dynamic as it impacts working of business
organizations in organized manner. Nature is wider due to its effect upon growth of
business organization. The report is based upon those concepts of law regarding
legal system existing within an organization. Then in this sources of law is covered
with law making process. In the end employment law is covered with all aspects in
relation to unfair dismissal and employees duties.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law means those rules and regulations that has been formed to deal with
various aspects existing within society. These laws have produced legislation that
helps in securing justice in its real sense. Further, laws holds responsibility in relation
over social aspects existing within society(Ogunyemi, 2019). Under this rules has
been applied which makes legal system developed of a country. The legal system of
United Kingdom uses two important law that are civil and criminal law. These laws
makes United Kingdom understand about nature which impacts society in drastic
manner. Through civil and criminal law UK legal system enhances English legal
system with more appropriate legislation formed.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: These laws deals with civil issues existing within society that is
related to individual's life that deals with private affairs taking place in relation to an
individual existing within society. In other sense civil laws are the laws that has been
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formed in relation to society. This helps in understanding about individual's behavior
towards society. Further, it has helped developing laws in relation to civil wrongs
which is conducted by an individual. It leads upon making justice served in relevant
manner. Procedures related to civil laws are covered within civil procedure code that
has been formed in relation to justice served in more effective manner. This makes
applicability of civil law done in real aspect. Civil law deals with offenses in relation to
property, tot law and contract laws(Phillips and Moutinho, 2017). This is helpful in
serving justice in its real sense upon civil cases. Through civil law different aspects
has been developed making justice procured in strong and effective manner. These
laws has been developed in order to makes justice served in its real sense. 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
b) Criminal Law:
The law are based over those aspects that has been used in order to deal over
elements that helps in controlling crime existing within society. These laws have
tendencies to impact society at large. Further, the law deals with offenses that is
committed in relation to social impact taking place within society. Under it offense of
criminal nature is affected by an individual(Kubacki, Szablewska and Kennedy,
2020). Criminal laws uses criminal procedure code that defines about various
process existing within society. Criminal law mainly deals with criminal activities
leading towards justice served in these matters. As per these law offenses like
murder, assault, rape , kidnapping, extortion and mob bleaching is deal with making
fair means of justice served. These laws makes lunatic people and criminals handled
in more effective manner.
In criminal law criminal procedure code is covered which makes various
process in relation to trial and proceedings that has to be used within court. These
laws has formed different legislation that has helped in punishing criminal with
penalties related to natural offense. The law makes public safety and security
developed in relation over criminal offenses..
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Explanation of the role of the following Courts in the English Legal
system
a) High Court:
This court is one of the most important part of judiciary that deals with civil
and criminal cases. The court has been given authority to deal with appeals
launched in relation over lower court's judgment. As per judicial system of United
Kingdom three divisions exists within high court that are Queen's bench, Chancellory
bench and Family bench. In relation to Queen's bench handle all kinds of criminal
matters existing within society. Then comes chacallory division which is based over
civil law and deals with civil cases in more effective manner. Family matter and
marriage related cases is handled by family division. These divisions has helped in
making legal system more strong in nature making legal structure developed in more
effective manner within High Court of United Kingdom. As per this no case cannot be
deal directly by high out due to existence of hierarchy of court.
b) Supreme Court:
This court is highest court of appeal which has been given powers to listen
over cases within which judgment is passed by High Court. The cases heard are in
the form of appeal made in order to challenge judgment of High Court. They are
responsible for protecting judicial framework formed within country(Gentile, 2016).
Further, court deals with protection of fundamental rights and constitutional
framework of a country. Also these courts has been given powers to deal with
various issues faced by people living in society in relation to law which infringe
fundamental rights. Under functioning of these courts quasi judicial functions are
covered that allows courts to form sub committee for preparing report about impact
of particular legislation on society. Also they have been given power to put stay over
such legislation which causes chaos within society.
Part 2: Source of law
Explanation of Case Law as a source of laws
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Case law these are one of the most important source based upon common
law principles. This law exists in UK and has been embedded within its legal process
provided as per constitution. Under the source new law has been formed by
analyzing facts, issues and statutory law used in an case. The source has helped in
making new laws formed as per situations existing within society. Judgment passed
by using these laws leads towards new and better principles developed in more
effective manner. This makes judgment formed become landmark in securing
judiciary(Fairchild, and et. al., 2017).
Explanation of the process of making Legislation
Legislation this is one of the most important sources that is used for making
law formed in relation to issues existing within society applied over United Kingdom.
Laws has been formed within United Kingdom based upon reading process making
justice served with the help of legislation formed with the helps of three reading
process making judiciary deal through various crimes. Laws are formed after having
proper discussion upon perspectives of society.
The meaning and examples of Delegated Legislation
Delegated legislation means those sources making law applicable within
United Kingdom. The legislation formed is based upon powers given to them by
executives allowing power segregated with other authorities making law applied in
proper manner. It makes subordinate power provided to the authority which makes
laws applied in more effective manner dealing with indiscipline caused within
society.This can be understood with the help of example that is Ministery exercises
power of applying emergency and can also be applied with the help of Privy Council.
Part 3: UK law making process
Legal system of United Kingdom is effective system that is based over three
main organs which is used for law making process (Dickinson, 2019). These organs
are legislative, executive and judiciary. Further explanation in relation to organ has
been provided as follows:
 Legislative: They help in forming laws by using three reading process that
has been developed within United Kingdom. The first stage only draft of law
required to be formed and presented. In second stage bill is discussed in
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detail about within House of Commons and voting is also done in relation to it.
Then in third stage bill is send to House of Lords for discussion and bill is sent
forward from the parliament. In the end bill is presented to monarch for Royal
assistance then only it becomes permanent law applied all over United
Kingdom.
 Executive: This is second important organ that handles all kinds of
administrative work in relation to applicability of law. According to the organ
power is given in order to make laws applied in more effective manner. This
makes laws applied as per legal structure of country.
 Judiciary: This is third organ that makes protection of constitution and
fundamental rights done in more effective manner. The organ also helps in
passing judgments making justice served in real sense.
Employment Law
These are those laws used for making protection done in relation to right of
employee's which helps in maintaining strong relation with employees. The laws has
helped in developing equality in working condition of employee. They make wages
related issues solved in effective manner(Batteau and Trainor, 2020).
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 To maintain health and security of employees
 Wages should be given in secured manner and on timely basis
 Employee's should be treated equally as per equality law.
Wrongful Dismissal and Unfair Dismissal Actions
Under employment law unfair dismissal and wrongful dismissal is covered
within Employee Right act 1996 section 92. It explains that employee's can be
dismissed only when fraud, theft or violation of ethical code of conduct is done in
effective manner.
Conclusion
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From the above discussion it has been found that business laws are the laws
which makes business organization formation possible in more effective manner. In
the report aspects in relation to legal system of country, sources of law and law
making process is discussed.
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REFRENCES
Books and Journals
Batteau, A.W. and Trainor, B.J., 2020. The Ethics of the Profession of Business
Anthropology. In Ethics in the Anthropology of Business (pp. 54-69).
Routledge.
Dickinson, A.L., 2019. Recent Ethics Opinions of Significance. J. Legal Prof., 42,
p.291.
Fairchild, and et. al., 2017. 14. Health Justice. In Public Health Law and Ethics (pp.
587-612). University of California Press.
Gentile, M.C., 2016. Giving voice to values: A pedagogy for behavioral ethics.
Journal of Management Education, 41(4), pp.469-479.
Kubacki, K., Szablewska, N. and Kennedy, A.M., 2020. Guest editorial: Social good
and ethics in social marketing for wicked problems. Journal of Social
Marketing, 9(4), pp.485-489.
Ogunyemi, K., 2019. Virtue ethics traditions in Africa–an introduction. In African
Virtue Ethics Traditions for Business and Management. Edward Elgar
Publishing.
Phillips, P. and Moutinho, L., 2017. Business ethics. In Contemporary Issues in
Strategic Management (pp. 178-194). Routledge
Ruhullah, M.E. and Qodir, Z., 2021. Political Ethics by Sheikh Hasina And Khaleda
Zia’s Government from 2009 to Present: A Research on Literature Review.
Khazanah Sosial, 2(3), pp.167-178.
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Surdam, D.G., 2016. Examples of Mid-Nineteenth-Century Business Ethics in
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Palgrave Macmillan, Cham
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