Business Law: Legal System, Classification of Law, Sources of Law, and UK Law Making Process for Employment Law

This report provides a comprehensive overview of business law, covering the legal system, classification of law, sources of law, and UK law making process for employment law. It explains the duties of employers, wrongful and unfair dismissal actions, and more.

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 business law is an important aspect for law in general as, without
same, corporate sector, manufacturing sector and retail store falls under
tyranny. Objective to put business and law together is to maintain safe working
and functional space for each individual included in business, whether they run
this or work for people who run this(Zhang, 2022). This report have 3 parts, first
part includes classification of law which consists of definition of law and legal
system of UK, explains classification of law as criminal and civil law, this also
explain about courts in English legal system as High court and Supreme court.
Second part consist of sources of law, this explain case law as a source of
law, legislation making process and meaning of delegated legislation. Third
part have process of law making in relation of employment law, this have
duties of employer and actions against unfair dismissal.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
As per John Austin the law is defined as “ Law is a collective set of rule made
from a man as politically superior, or sovereign to men, as a political subject.” UK
have 3 separate legal system for England and Wales, Scotland and Northern Ireland.
This reflects historical origins. The answer given below deals with legal system of
England and Wales, but this make reference to other part of United Kingdom which
were relevant(Smith, 2022). UK have a unwritten constitution which are there in no
single written document which set a right for individual citizen and how government
acts. Constitution of UK have many sources, some of them were written and others
are unwritten. UK have parliamentary governance system, with parliament of
Westminster is going to be a supreme law making body. The doctrine of supremacy
in parliament means that a court accept legislation enacted from parliament which
take precedence in the common law.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
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This is a major branch of law. The common legal system such as England and
Wales, this term is referred as non-criminal law(Pryor, 2022). The law is referred to
civil wrong and contract which is a part of civil law, as a new property law(any wrong
which is related to property such as vandalism or theft). This law is divided in
procedural and substantive law. A persons duty and rights in them is primary
concern of civil law.
b) Criminal Law:
This is not a law which concern with civil and commercial disputes. This is a
body for principle and mechanism designed to bring criminal suspect for justice from
fair trial, to acquit a convict and to punish the guilty. In recent time, this is to be
accepted as role of criminal law which have forms of obligation as rehabilitate
offenders. As a purpose of discussion, criminal law have laws which are related to
police investigation, criminal trial and sentencing. In criminal law, judgments were
delivered as according to the principle beyond reasonable doubt, in contrast to
principle used in English civil court in balance of probability. Essentially, criminal law
is basically morally based. Each crime carry out elements for immoral responsibility
as mens rea. A person have to convicted and punished only if any coincidence of
two elements such as mens rea and actus reus, this is a physical act coincides with
criminal intent. A crime is associated from concept of dishonesty, malice, etc.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court deals with appeal decisions made in civil cases and lower courts.
This is based on Royal court of justice, this do have district registers from England
and Wales in which every high court proceeding have issued and heard(Li, 2022).
The cases of high court were heard from single judge, but some type of hearing such
as criminal appeals and judicial review were assigned in divisional court, this is a
bench of two or more judges. The jury occasionally sits in high court, only in the
cases which include fraud, false imprisonment, malicious prosecution and
defamation. The high court is bound through doctrinal precedent from the decision of
every above court (which are court of appeal and supreme court). The appeal from
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high courts decision is made to court of appeal and then for the supreme court.
Decision of high court is bound on the lower courts.
b) Supreme Court:
Supreme court is a final court for appeal in each and every UK civil case and
criminal case from England and wales, Northern Ireland and Scotland hears appeal
for arguable point for law as a general public importance concentrates in the case of
public importance and greatest constitutional and maintain roles for highest court in
United Kingdom as leader in common law world.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law is refereed as judicial precedent in a law which have to be laid down through
the respective superior court. Usually, judicial precedent have to functioned in the rule of
stare decisis which is precisely means to stand through their decisions. This is the principle
which refer that all lower court of law do follow and abide through the law which have to be
set down through the superior court in previous heard cases.
In reference of this principle function, judge of a court of law is aware for the previous
judgement of courts. This is possible through the making of case report. Moreover, beginning
of collection in report of law and this is established in England and Scotland(Kharisma, and
Hunaifa, 2022). In the recent time, there are many series for law report which were
published, which mention earlier judgements and this also do addition for any other
supplementary information through the editor. Usually, this took time within the
pronouncement of judgement and being published in report. Akin system of law for reporting
have been operated in other law of jurisdictions. Prime source of case law is report of
transcripts, digests and law which is offficially published.
Explanation of the process of making Legislation
The new law which is proposed were referred as bill. A bill which is proposed have to
passed through both the house of parliament and this do obtain the Royal assent from Queen.
In beginning, the bill have to be introduced through the First reading. Usually, this is consider
as official announcement that a bill is going to be proposed and what this will be about. This
provides needed time to a member of parliament for preparing points and discuss over this.
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After the first reading, the second reading come into effect. In this phase, the principle
of bill have to be consider through the floor of house(Hardman, 2022). Then bill have to be
sent in smaller group of members of parliament, for examine the proposed bill in depth.
In the third reading, the subject matter for bill have been debated and members of parliament
caste vote in against or favour of the bill. If ruling government have the majority in
parliament then bill will get passed in the House of Lords. When bill have passed in both
houses, then the bill have to be sent for royal assent. When a bill get the royal assent from the
Queen then the bill which is proposed become act of parliament and become law of land.
The meaning and examples of Delegated Legislation
The delegated legislation is also referred to secondary legislation or a
subordinate legislation, this is a procedure in which authority which posses executive
power from the primary legislation to formulate the law for administering and
implementing the demand in the primary legislation(Esser, and Macneil, 2022). The laws
which have to be made through the individual or through the administration other than
legislature but this must posses authority of legislature.
Legislation through which the legal authority or any of the local and other
authority other than legislature but below authority of qualified authority is refer as
Delegated legislation. The legislation which were formulated through the body other than
parliament. Parliament is a primary legislation and delegated legislation is called as
secondary legislation.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In the common law, each of the employers have the duty of care for their
employee. Moreover, in the Health and Safety in Work Act 1974 (HASAWA) have
started that all the employer have the duty for insure that every worker at the
workplace will treated reasonably and the Health and Safety and their welfare will
secured. The employer takes risk assessment to determine the factor which is
mandatory to complete the act and any other related regulations.
Wrongful Dismissal and Unfair Dismissal Actions
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This is a dismissal in which the individual is being dismissed through the
course of employment through the breach of contract. This is distinguished from an
unfair dismissal, in this the dismissal is based on a law of contract(Almeida, and
Wasim, 2022). When a individual dismissed then in that event then they can claim
compensation in respect of the financial and other subsequent benefit which would
receive will being in the contract.
As accordance for the section 94 of employment right act 1996, every
employee have posses ability for seeking damages and claims in regard for the
unfair dismissal. The worker who start fresh after 6 April 2012, they posses right for
not being unfair dismissed and raised after continuous employed in two years.
Conclusion
In the preceding report this is concluded that the employment law, law of tort,
legislation, delegation of power and contract law. The business law is for business
development. The delegation of work have to be release extra load in the higher
authority. Moreover, the employer is bound to carry out obligation in respect of the
employee as accordance to the employment law in the country.
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REFERENCES
Almeida, F. and Wasim, J., 2022. Eco-innovation and sustainable business performance:
perspectives of SMEs in Portugal and the UK. Society and Business Review, (ahead-
of-print).
Esser, I.M. and Macneil, I., 2022. The emergence of ‘comply or explain’as a global model for
corporate governance codes. European Business Law Review, 33(1).
Hardman, J., 2022. The Plight of the UK Private Company Minority Shareholder. European
Business Law Review, 33(1).
Kharisma, D.B. and Hunaifa, A., 2022. Comparative study of disgorgement and
disgorgement fund regulations in Indonesia, the USA and the UK. Journal of
Financial Crime.
Li, Y., 2022. The regulation of equity crowdfunding in the US: remaining concerns and
lessons from the UK. Journal of Corporate Law Studies, pp.1-34.
Pryor, D., 2022. A Recipe for Growth: The Economic Effects of Corporate Tax Reform in
the UK.
Smith, A.M., 2022. An empirical study of the effects of regulatory systems on the collection
of late payment of commercial debts owed to micro and small businesses in the
UK (Doctoral dissertation, University of Plymouth).
Zhang, Y., 2022. The Transplant Problematics of Hostile Takeover Defense: A Comparative
Look at the US'and the UK'Models. Indon. J. Int'l & Comp. L., 9, p.3.
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