BMP4002 Business Law: Legal System for Business

This assignment covers various topics related to the legal system for business in the UK, including classifications of law, sources of law, law making process, and the meaning of delegated legislation. It also discusses the functioning of the UK High Court and the Supreme Court. The course code is BMP4002 and the subject is Business Law.

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
Businesss law or the commercial law is the body of law which regulates
business and commerce and govern all the business organsiation. It Is necessary to
have such kind of body which controls all the business operations and provide the
legal framework to run the business company without any disturbance and
restrictions. The business culture of the United Kingdom is very helpful and its the
best place for the persons who have a desire to do business, because they have the
regulating laws for the businesss. In the United Kingdom there are three different
jurisdictions i.e. England & Wales, Scotland and Nortern Island. These jurisdictions
have their own legal system, own court and judges but fro all three jurisdictions there
is only one Final appealable court which is the Supreme Court and it is situated in
England. Businesses plays the crucial role to maintain the economy of the UK, its
one of the sector there up on which the economy of the UK is depend. To make the
image of the UK as a best place to do business, their parliament contribution is great
in that. They enacted the company law which is the best work ever done by the UK
parliament in their law making history (Al-Haidar, 2018). The company law has 1300
sections and 16 schedules which contains the provisions regarding the business
activities for different types of business structures. In the UK there are various forms
of busienss structure's such as; sole proprietor, partnerships, limited liability
partnerships and the limited company. Apart from the company law which is the
main law for governing the businesss organsiations, there are some other laws also
which supports the same. The UK contract act which also find place in the businesss
sector to provide some assistance like, through contract only the companies came
into the contract to do busiensss. There is an employment act of UK, some provisons
of it like unfair dismissal of the employees and unfair trade practices and protection
of employee's rights are applicable in the businesses.
Part 1: Classifications of Law
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Define laws and identify the respective legal systems in the UK
Laws are the set of rules which provides to the citizens for better life and its
mandatory to obey all the laws which are enacted by the parliament. The laws
provides the better life to live and also safeguard the rights of every individuals and
the organisations. Discpline in a life is the crucial thing which can be achieved by the
rules and regulations and nowadays on each and every sectors there are separate
laws, rules and their regulations to provide them a path to perform their operations
legally.
In the United Kindom there is a parliamentary form of governance it means all
the laws are made by the parliament which is the legislative body of UK. In the UK
there are three different jurisdictions which have their own laws and legal system to
govern their people and businesses. Their courts are different but has a common
final appelable court which is the Supreme Court at England. In UK the constitution
is unwritten thats the reason it Is also flexible to make the amendments in it. UK dont
have the single document which is written regarding the rules and regulations and
the right and duties of the citizens (Biviano, and Saxton, 2020). As it already been
discuused that the UK has parliamentary form of governence and its the only
authoritative body which has the power to make laws and these alws are the
supreme from other laws. Even without anything in writing they have a prcodure to
make laws and the members who are the part of the parliament. The parliament of
UK consist of two houses i.e. House of Commons and the House of Lords, through
these houses each and every bill got introduced and with their majority consent only
the bill got converted into law after getiing the Royal assent of the Monarch, who is
the Queen of England.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
The law of UK are classified into two main categories which are Civil laws and
Criminal laws. Civil laws has their own jurisdictions in which matters they got applied,
mainly those matters or the issue which raise between the individuals or between the
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individuials and the organisation. There are some areas in which the laws civil laws
can be applied, it would get decide by the nature of the case like; family matters,
breaching of contract, cases related to personal injuries like incident of an accident,
negligence and in the organsiations where the employers and the employee's sue
erach other under employment act. In civil laws there are no provisions for the
punishment of imprisonment, there is no such punishment but to cover the damages
of the party who got suffered by another party has to pay the cpmpensation fro that
damages cause.
b) Criminal Law:
This is the other category of classified laws which governs the human
behaviour and tends to control of it. These laws have different jurisdiction unlike civil
alws these laws are not deal with the disputes happened between individuals. Under
these laws only those acts of the individual or the group of persons would govern
which affect the whole society. In these laws it is necessary for proving the person
the guilty it is mandatory to proof beyond reasonable doubt. These laws are
applicable when the acts of the persons affects the society as a whole inculded that
person or an organizations against which that illegal act was committed. There are
several subjects on which criminal laws would been applicable like; murder, money
laundering, sexual assault, drug dealing etc. In criminal laws because they are much
serious then civillaws a sthey are affecting the whole society in these laws it contains
the serious punishment for the offenders after provving them guilty beyond
reasonable doubt (Dowlatkhah, 2018). There is a provision of punishment which are
different and depend upon the seriousness of an act. Offender can be punish for
simple imprisonment, if acts committed affected the society at high level like sexual
assault and murder then, henious impriosonment can be given or death sentences
may also given by the court and ist their discreationary power to decide the
punishment.
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Explanation of the role of the following Courts in the English Legal
system
a) High Court:
Each and every city has there own High Court and it is mandatory to have the High
Court in each and every states. High Court is the appealable court which is just
subordinate to the Apex Court. In these courts usually the single judge would heard
the proceedings but in some cases which are serious in nature and for the larger
public interest divison bench also heard the cases (Estlund, 2020). The High Court
govern all the acitivities of subordinates courts and for the Apex Court High Court is
the subordibate court. There are three different divisions of High Court such as;
Queens divisions, Chancery divisons and family divisons.
b) Supreme Court:
The Supreme Court is the final and the highest court of appeal in the United
Kingdom and before this it was known as the House of Lords. The judges who sit in
the Supreme Court are known as Justices who got the appointment by the President
and the deputy president. The cases which got heard by the Supreme Cour are
those cases which were decided or the judgement's got passed by the High Court.
Part 2: Source of law
Explanation of Case Law as a source of laws
There are few sources of laws which are categorised into two main sources
i.e. Primiary source and the secondary source. The case laws come under the
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primary source of category after the legislation. The case laws are not the proper
laws like which are made through parliamentary procedure, therefore these are the
cases which were already been decided by the High Court and the Supreme Court.
The judgement's which are passed by the Supreme Court become the laws for all
the subordinates courts even for the High Courts because the High Court is also
subordinate to Supereme Court. There is a Doctrine of Precedents which supports
the case laws in a manner that the cases were only get use as a law by the
subordinate courts when the similar facts cases come in the proceedings. In the
similar matter there is no need of an argument the cases which are already been
decided by the Supreme Court or the High Court then, all the lower court can use
that judgements as law. Only the Supreme Court has the power to overruled its own
judgements no other court can do the amendments in the judgements which are
passed by the Superme Court.
Explanation of the process of making Legislation
In the United Kingdom there is only one body who has the power of making
laws and because of the parliamentary form of governance the parliament has the
only body who makes the laws fro the state. In the parliament there are two houses
which has the power to dea with the bills i.e. House of Commons and the House of
Lords (Ford, 2018). These two houses would deal with the bills and make it alter if
required and with the two third majority it got sent to get the Royal assent of the
Monarch who is the Queen of England. There are some stages of making laws
through which all the bills were crossed to make law.
 In the first stage of making law which was conduct in the chamber and there
only the name of the bill got suggested and decided.
 In the second stage, as the bill got its name after that the bill got examine and
the ares of correction would found which need to be alter.
 In third stage voting will be held which decided whether more alteration would
get done in the bill or not.
 In this stage some more importance will be given to the content of bill and the
members of the committee will examine the bill and find out the areas of
correction.
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 In fifth stage again voting will be done to check the majority of member who
are in favour of more alteration and who dont need any alteration in the bill.
 In sixth stage where the changes has been made by the House of Lords in the
bill these changes were send to the House of Common for reverifying, the
house of common either pass the correction or find some mistake in it. Then
again it got sent to the another house and this cycle of alteration goes on till
both the houses with majority agreed on some point of the bill.
 After the houses got agreed and there is no alteration in the bill got required
then, for the Royals assent it will be send to the Monarch who is the Queen of
the United Kingdom.
The meaning and examples of Delegated Legislation
In generally the meaning of delegation is “to distribute” as it said above that
the only power of making laws were in the hands of parliament (Hanretty, 2020). But
sometimes in the absence of houses meetings parliament passed the power to some
other body to make laws and that power would not be delegated ahead.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In the Employment act various duties of the employers were mentioned which
they have to performed at workplace. Like they have to deal them politely and fairly
without using foul languages and paid them at least the minimum wages for their
work and also provided safety fro them at workplace. In the enactment of an
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employment act various efforts ahs been made earlier also and this act has mainly
three sources which are;
Common Law- Through common law an agreement or the contract has been made
between the employer and the employee's regarding their work and also to build the
relationship between the employer'sa ndthe employee's.
Statute- There are several efforts made to enact such kind os laws and prior to the
employment act various other act was enacted from 1970s.
European Law- As now the UK is not the part of EU but, when the domestic law of
the UK got failed then these laws would applied.
Wrongful Dismissal and Unfair Dismissal Actions
After the Employment Act came into force each and every employee has
some confidence to do work (Jones, 2021). Prior to this act various activities had
done by the employer's to exploit the employee's like not treating them good, didn't
provide the minimum wages and remove them without notifying them and also
without any reason. The Uk employment act gives the protection to the employee's
from such type of exploitation by the employers.
Conclusion
In the above assignment which is covered in three parts avrious topics related
to the United Kingdom laws and legal system were discussed. It covers the topics
like; classification of laws, legal system of UK, sources of UK laws, law making
process and the meaning of delegated legislation. Apart from this the functioning of
UK High Court and the Supreme Court got also discussed briefly.
References
Al-Haidar, F., 2018. Administrative disciplinary and grievance procedures for public
employees in Kuwait and UK. International Journal of Law and
Management, 60(3), pp.842-853.
Biviano, L. and Saxton, A., 2020. UK High Court applies established duty of care
principles to legalise professional guidance which permits disclosure of
confidential information to a proximate third party without
consent. AUSTRALIAN HEALTH LAW BULLETIN, 28(4), pp.70-75.
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Ford, M., 2018. Employment tribunal fees and the rule of law: R (Unison) v Lord
Chancellor in the Supreme Court. Industrial Law Journal, 47(1), pp.1-45.
Hanretty, C., 2020. A court of specialists: Judicial behavior on the UK Supreme
Court. Oxford University Press, USA.
Jones, A., 2021. What the UK Supreme Court ruling on Uber means for gig
economy MNEs. International Tax Review.
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