BMP4002 Business Law: Legal System, Classification of Law, Source of Law, and Employment Law

This report covers the implementation of business law through the English legal system, including the classification of different laws, sources of laws, and roles of courts in the legal system of the United Kingdom. It also discusses the statutory duties of employers and wrongful and unfair dismissal actions in employment law.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Table of Contents
Introduction ...............................................................................................................................3
Part 1: Classifications of Law.................................................................................................3
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
Explanation of the role of the following Courts in the English Legal system........................4
Part 2: Source of law..............................................................................................................5
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
Statutory Duties of Employers to their employees ..............................................................6
.............................................................................................................................................6
Conclusion..................................................................................................................................7
References..................................................................................................................................8
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Introduction
The English legal system comprises a set of rules, regulations and laws that govern the
system of country. The legal obligation that is bound on the people in order to strictly follow
the rules and regulations is binding through laws and legislation of the country. There are
various terms imposed through business law which can be in the form of commercial or
merchant law. The activities of business are commercialized in the form of contracts,
agreements, bonds to impose legal obligation on the members of organization. The legal
system of the country basically interprets and administers laws in order to operate the
functioning of business (Brady, 2019). The management and administration of commercial
activities are authorized through business law. This report will cover the implementation of
business law through the English legal system. It will further cover the classification of
different laws with the sources of laws and roles of courts in the legal system of United
Kingdom.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws are the regulations that safeguard the individual rights of a person in the society
and are mainly enforced to maintain law and order in the society. The trading and
commercializing of business in business law are governed through various factors in order to
implement enforcing actions on the people. There are mainly two sources of laws that
consists of primary and secondary laws. The sources that are enacted by the parliament are
referred as primary sources which includes case laws, legislation, statutes, international
conventions, treaties, customs etc. Secondary sources are the sources that are not enacted
through the parliament such as journals, encyclopedias, articles, books etc. The British
parliament bounds each and every citizen of the country to strictly follow that laws that are
enforced by the government (Chandrachud, 2020). The acts through which the rights and
duties of a person are determined and enforced through various laws and legislation.
Explanation with examples the following as means of classification of laws in the English
Legal system
a) Civil Law:
Civil law are the rights, duties and regulations that are enforced on an individual
person within a state. The rights of a person in a society are determined through civil law that
restricts or bounds a person through its legal obligations. The social disputes among the
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people which are mainly related to property or rights of person in the society are settled
through civil laws. Plaintiff and defendant are the two parties in a civil case in which the
person who presents a suit are known as plaintiff and against whom the suit is instituted is
known as defendant. The parties in a civil case are not given any type of serious punishment
or rigorous imprisonment (Efimova, 2020). They are punished in simpler forms such as
bearing of loss through compensation, fine, bond and others. The plaintiff can anytime
withdraw a case in a civil suit or can even settle dispute through mutual agreements. If the
defendant is found clean or no charges are proved against him then he will not be liable for
any actions or duties towards the plaintiff.
b) Criminal Law:
Criminal laws are the laws that are imposed on the person who has done the crime in
order to impose punishments on the suspected person. The main purpose of criminal law is
to provide justice to the victim or aggrieved person by imposing punishments. These
punishments can be serious and rigorous in order to make the criminal system very strict and
to give justice to the victim or aggrieved party. The crimes that are committed against human
body, person and property are determined through criminal law. Prosecution mainly defends
the cases of the affected party in a criminal case who are appointed by the state. The main
purpose of criminal law is to maintain law and order in the society and to impose strict
punishments to prevent people from committing serious or or heinous offenses. Offenses
such as murder, theft, robbery, thug, abduction are related to criminal law (Lockton and
Brown, 2020). The main objective of criminal law is to provide justice to the parties by
enforcing strict punishments on the convicted party.
Explanation of the role of the following Courts in the English Legal system
a) High Court:
High court is the third highest court in the country of United Kingdom. The main
purpose of high court is to solve the issues and matters of the subordinate courts in form of
appeals. Family division, Queen's bench division and Chancery division are the three main
divisions off the high court. Civil divisions hear the appeals of high courts which determines
the conclusions of cases. The district registries hear the proceedings of high court which are
situated in England and Wales. It has the authority to hear both types of cases that are civil
and criminal. High court hears all types of cases which are civil and criminal that are
appealed from the subordinate courts. In order to address the matter of subordinate courts,
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high court need to look into the whole matter with full record of the case and after that it
considers the matter and gives its final judgment.
b) Supreme Court:
Supreme court is the court of highest court of authority in the country of United
Kingdom and is also considered as the supreme authority of law. It mainly hears the cases
which requires expertise and final judgment of cases through its expertise advice and
judgment (Seth, 2021). The cases of highest national importance are considered by the
supreme court in order to provide reasonable justice to the people of country. The decisions
or judgment made by it are binding upon the parties of case and are required to follow the
decisions of the superior court in an appropriate manner. The judgment given by the supreme
court is the binding and conclusive on the people of country of United Kingdom. The
interpretation of law is done in such a way that it decisions are conclusive as it is considered
as the guardian of constitution. The decisions made by it are final and therefore there can be
appeal against the decisions of supreme court. Supreme court has the power to call any record
of the case and consider the matter by giving its expertise of law for the final conclusion of
the case.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws are the cases that are have been already decided by the judges of court and
are later considered in cases which is related to same matter. Such case laws are also known
as precedents which basically means previously decided cases and the cases which are further
considered by the court. It mainly deals with the cases which are related to nation with civil
and criminal matters and also solves the major issues and disputes of Union and State. The
principle of Stare Decisis predicts the meaning and interpretation of law through
consideration of the decisions of the court. Case laws or judicial precedents are the cases that
are enforced by the respective courts in order to provide a valuable opinion through the
interpretation of law. They have the appellate power to grant leaves for the appeals that are
made from the court or tribunal. It can hear the appeal on civil, criminal and constitutional
matters from the high court of state.
Explanation of the process of making Legislation
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A bill is introduced in two houses of the parliament that are known as House of Lords
and House of Commons. These houses have the power to examine the bill and gives its
valuable suggestion through debating over the concept of bill. After considerable examination
of the bill, it is then further passed by both the houses of parliament. The final stage is the
accent of the President through which bill takes form of law and is enacted and enforced on
the people of country (Tutton, Mack and Roach Anleu, 2018). The signature of the President
provides and adds value to the bill with the power of enforcement of the President. The main
requirement for passing of bill in order to take the form of law is the passing of majority
votes by the houses of parliament. The main components of legislation are the body of act
which consists of chapters, orders, parts, divisions, subdivisions and sections.
The meaning and examples of Delegated Legislation
Delegated legislation is a type of legislation that is enacted by the executive authority
in order to enforce powers through them by the primary authority for the administration and
implementation of the higher authority. Some of the examples of delegated legislation are
standards, ordinances and regulations. They are basically the kind of changes or amendments
that are made in the existing laws for a shorter period of time and for the enforcement on a
particular area or region. It is not under the direct control of the parliament and is not required
to be passed by both houses of parliament. The most common form of delegated legislation is
regulation. The procedure through which the conduct of court is considered is rule and rules
are also a part of delegated legislation. The most common form of delegated legislation is
Statutory instruments which contains the power to take the form of law.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The employers are bound by various duties under the contract of employment in employment
law which are mentioned below:
 Duty to ensure the safety and security of employees within the organization in order
to fulfill their basic needs and demands.
 Duty to provide the policy of equal pay for equal work within the workspace in order
to prevent discrimination within the organization.
 The employees must be provided salaries on time by the employers in order to
maintain the productivity of their work.
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 The employees must be provided appropriate funds, benefits and reliefs during the
time of their retirement in the organization.
 Employers must provide paid leaves to the employees after the completion of the
required term in organization.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful Dismissal – When an employee is dismissed or terminated from the organization
without giving any notice then it refers to wrongful dismissal. The term wrongful dismissal
depicts that an employee has been dismissed from the office in a wrongful manner. It
basically means the non serving of notice to employee during their termination from office
(Vedaschi, 2018). It is a contractual right that arises within the realms of contract of
employment under the Employment Rights Act, 1996. If the employer is not able to fulfill the
monetary requirements of the employee then also it leads to wrongful dismissal.
Unfair Dismissal – The statutory right that is given through the Employment Rights Act,
1996 is the right to complain against the matter of unfair dismissal. When an employee is
removed from the organization without giving any reasonable reason then it leads to unfair
dismissal. The employee may be removed in an unjust, unfair and harsh manner from the
organization which may arise the issue of unfair dismissal (Winogrodzka, 2019). The losses
or damages occurred to the employee during the unfair dismissal must be compensated from
the organization.
Conclusion
From the above report it is concluded that, there are various laws in business that are
imposed by the legal system of United Kingdom. The commercial matters of the country are
governed through the business law of UK where companies or organizations are bound by
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legal obligations. Civil and Criminal law are two main kinds of laws in the country that
depicts the functioning of law. High court and Supreme court determines and examines the
complicated issues or matter of the cases. The main sources of law are case laws, legislation
and delegated legislation which provides an deep understanding of different laws existing in
the country. The main purpose of employment law is to secure the interest of employers and
protect the rights and duties of employees within the organization.
References
Brady, B.V., 2019. An Epic Change to Employment Law. J. Corp. L., 45, p.245.
Chandrachud, A., 2020. The informal constitution: Unwritten criteria in selecting judges for
the Supreme Court of India. Oxford University Press.
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Efimova, L.G., 2020. Sources of public relations legal regulation in cyberspace. Lex
Russica, 73(3), pp.114-120.
Lockton, D.J. and Brown, T., 2020. Employment Law. Bloomsbury Publishing.
Seth, S., 2021. Principle of Double Dip: A Contentious Issue before the Supreme Court. Issue
2 Int'l JL Mgmt. & Human., 4, p.843.
Tutton, J., Mack, K. and Roach Anleu, S., 2018. Judicial demeanor: Oral argument in the
High Court of Australia. Justice System Journal, 39(3), pp.273-299.
Vedaschi, A., 2018. Regional and local government sources of law.
Winogrodzka, M.A., 2019. THE PLACE OT THE ACT IN THE HIERARCHY OF
SOURCES OF UNIVERSALLY BINDING LAW. International Journal of Legal Studies
(IJOLS), 6(2), pp.321-340.
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