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

This report discusses the legal system of the UK, classification of laws, sources of law, and the UK law making process with a focus on employment law. It also covers the role of High Court and Supreme Court in the English legal system.

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
References p
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Introduction
Engaging of the business to the sales, merchandising, trades and the
commerce and the conduct of the person, applying of the relations and the right to
the law of body is known as the business law (Sánchez-Monedero, Dencik and
Edwards, 2020). Corporate and commercial law is also known as the business law.
In the current report the first part will classify the laws. The second part of the report
will discuss the sources of law. Lastly, the process of making the law in UK to the
regards of employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws is defined as set of regulations and the rules which is maintained and
administrated by the social authorities and the government within the boundaries of
the country. Misconduct, contradiction or the violent between the two parties got the
justice value is also defined as law.
The formally recognize of enforcing or binding of the prescribed action and the
rule of conduct by the controlling authority. There are four legal systems in the
United Kingdom. To the variety of the historical reasons the laws were derived from
the area of geographical (Sánchez-Monedero, Dencik and Edwards, 2020). The four
legal system are purely Welsh Law, English and Welsh law, Northern Ireland Law
and the Scots law. Criminal and the Civil law are the two branches of the legal
system of UK. In the separate courts the respective procedure was followed by the
both English legal system branches. In the country legislation of the statutory is the
prime focus of the formation of the structure of legal system in United Kingdom.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law :
To the three alternative opposition civil law was defined. For instance between
the employee and the employer, private parties and the suppliers and the consumers
the disputes were solved in the civil war. Non criminal law or the civil law is also
termed as regulations and the rules for the country civilians disputes. In terms of mild
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punishment or in the monetary terms the compensation was demanded in the civil
court by the person. In the section of civil laws quasi-contracts and the injustice of
civil was revolved around the laws (Chouaibi, Chouaibi and Rossi, 2021). To the
category of civil law the dispute of property also involved in it. Theft or the vandalism
act disputes were not involved in it. There are the two parts of the civil law.
Procedural law and the substantial law are the two parts. In the society maintaining
of the harmony and the positive environment through the combination of rules and
depicting the behavior of human is termed as substantial law. The implications and
the administrating procedure of civil law is referred to as procedural law.
b) Criminal Law :
Against the society the large offense and the crimes were dealt in the criminal
law. To the abuse of the law the punishment was followed in the criminal law.
Criminal law is also defined as the formulation of the set of regulations and the laws
for the wrongful act consideration. The consequence of the laws and the law
disrespect prevention and the criminal offense were highly concerned in the English
legal system classification (Bokovnya, Khisamova and Begishev, 2019). Not
considered to the individual party but such disrespectful acts were valued for the
whole community and the society. To the same concern of the operation the distinct
international bodies was worked with the bodies of state government for the such
criminal act prevention. The judges of the court referred the set of rules and the
regulations for providing the correct judgments by punishing the punishment to the
criminal and the justice is termed as criminal law. In the respective acts the violators
has to face the consequences mentioned in the set of rules. Under the rules set the
act of punishment falls in it.
Explanation of the role of the following Courts in the English Legal
system
a) High Court :
In English legal system HIS Majesty High Court of Justice is also known as
the High Court of Justice. To the cases of high importance and the high value civil
law the first instance was dealt by the high court. Over the all tribunals and the
subordinate courts high court has the jurisdiction supervisor. The three division were
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consisted in the high court. Family division, King's Bench division and the Chancery
Division are the three division of high court (Appleby and et.al., 2019). The top civil
law matters were only concerned by the high court. The High court was not
concerned with the criminal laws. Judicial bodies which fall in the boundaries of
administrative were supervised in the English legal system. The high court
supervision is not implied to many of the areas. Thus, there is also debate to the
concern that the area which were not supervised by High court should be supervised
or not. In the country the classification of the high court is because of the different
types of procedures followed.
b) Supreme Court :
To the all criminal and the civil cases in United Kingdom from the Northern
Ireland and the Wales were finally appealed by the Supreme Court. It also plays a
role on the importance of general public through appealing the arguable points. To
the cases of constitutional importance and the greatest public case were
concentrated (Harrison and et.al., 2018). In the United Kingdom supreme court plays
the role of the highest court by developing and maintaing of the common law in the
world. Thus, if the lower court does not make relevant order the case cannot be
considered by the Supreme court. In the legal system of United Kingdom the norther
Ireland and the English wales region fall under the supreme court. The whole country
population of the United Kingdom was affected due to the exceptional matters which
were concerned with the hearing of public. To the importance of the constitution the
most matters were related to it. The primary legislation which comprises with several
acts cannot be changed by the supreme court.
Part 2: Source of law
Explanation of Case Law as a source of laws
The set of regulations and the rules discovered in the previous judgment
aspects or in the previous cases is termed to as case laws. The common values are
depicted in the constitution or the regulations of the past case of historical which
were observed by the authorities of the legal bodies is termed to as case law
(Kamga, 2018). Thus, the wider areas were highlighted in the previous detailed facts
decision of judicial from the law sources is highly referred. To the relation of the
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different situation the source of law were highly referred. The past decision taken
were respected in the principles by considering the decision and the thinking of the
certain decision present for the formation of law. The past decision are taken by the
respective judges. The past situations were interpreted in the source of law for the
highly determination of the such legislative bodies from the other law sources.
Explanation of the process of making Legislation
In the United Kingdom there are several level and steps in the legislation
making process. The levels and the steps are the necessary for passing of the bill.
Through the lots of stages the bill was passed in the process of legislative ( Terziev,
Petkov and Dragomir, 2018). The need of the changes in the bill were further
debated through the main concepts and the areas of bill. Through the whole bill the
parliament members were passed through the legislation making process. To the
terms of the correction needed there are the preparation of the proper bill formation.
To the needs consideration of the amendments in the stages there is the taking of
the place by the voting, For the further bill amendments the room was provided to
the stage of report through the process of voting. There is the tied up of pass of the
bill in the next stage. To the need of changing the expression it is considered that it
is the final chance. In lords the amendments were finalized in the stage of
consideration. To the further amendments or acceptance procedures it was further
sent to the common houses.
The meaning and examples of Delegated Legislation
The government administration authorities in the legal system of United
Kingdom authorized the laws is termed to as the delegated legislation. Such as the
parliament instead of the legislative and the minister are the administrative
government in the legal system (Terziev, Petkov and Dragomir, 2018). Only the
parliament acts were assigned the power to delegate the formulating by the
ministers. The statutory information was the most frequently used option in the
delegated legislation. Each year approx 300 delegated legislation were made. But
only 1000 number of parliament were considered in the legislation of parliament.
Doing major and the minor amendment is the aim and the motive of delegated
legislation. The every legal aspects which were not done by the parliament were
considered by the certain governments. For the several purposes the delegations
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can be prepared. Decreasing or the increasing of the government facilities charges
and the dues are the type of delegations which can be prepared. The without
referring to the act of parliament there is an issue of high amount of delegated
legislation.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In the legal system of United Kingdom there are several laws. Towards the
employee's the there is the direct responsibilities of the employers in law. To the
welfare of the employee's it is the duty of the employer is to provide the healthy
environments, safety and the putting efforts for the working environment. There is
the responsibility of the employer in the workplace is the assessing of the risk in
context to the achievements of business (Grace, J., 2019). To maintain the safety in
the workplace there should be the following the identification of the factors and
activities impact the health of the workers. To maintain the safe environment in any
organization the accurate process should be followed for the disposing of the
hazardous substances. There should be the pre informed of the workplace risk. This
enables in the eliminating of the health risk of the employees by pre informing. If
there is involvement of the health risk in the workplace there should be the proper
training provide to the employee's by the employer.
Wrongful Dismissal and Unfair Dismissal Actions
Employees termination in the unfair dismissal or to the wrongful termination.
The employees were removed from the organization without any information or the
valid reason. Employees who are fired without just cause are said to have been
treated unfairly or wrongful. When an employer is biased or harbors animosity
toward a worker, they frequently act in this way (Sánchez-Monedero, Dencik and
Edwards, 2020, January). There are a number of laws that offer employees the right
to request a justification for their termination, which must follow the corporate policy.
The employee may launch a lawsuit and seek redress in court if they are still
unsatisfied with the reasons for their termination. According to the employees' rights,
if a person has worked for the company for the required two years, they are eligible
to file a claim for wrongful dismissal.
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Conclusion
It has been concluded from the above report that the business law is referred
to as the rules and regulations applied to the business for the purpose of conducting
the business in the right manner. The current report identified the law and discussed
the legal system of UK. Further, the report explained the classification of the English
legal system such as the criminal and civil law. Moreover, the report explained the
case law as the common law source. Further, the report explained the legislation
system process in UK. The High court and the Supreme Court law role were
discussed. Moreover, the report defined the law making process of UK such as
employment law.
Reference
Appleby, L., and et.al., 2019. New standard of proof for suicide at inquests in
England and Wales. BMJ. 366.
Bokovnya, A.Y., Khisamova, Z.I. and Begishev, I.R., 2019. Study of Russian and the
UK Legislations in Combating Digital Crimes. Helix. 9(5). pp.5458-5461.
Chouaibi, S., Chouaibi, J. and Rossi, M., 2021. ESG and corporate financial
performance: the mediating role of green innovation: UK common law versus
Germany civil law. EuroMed Journal of Business.
Grace, J., 2019. 'Algorithmic impropriety'in UK policing?. Journal of Information
Rights, Policy and Practice.
Harrison, N., and et.al., 2018. How Montgomery is reconfiguring consent in the
UK. The Lancet. 392(10142). pp.102-104.
Kamga, S.D., 2018. Cultural values as a source of law: Emerging trends of ubuntu
jurisprudence in South Africa. African Human Rights Law Journal. 18(2).
pp.625-649.
Sánchez-Monedero, J., Dencik, L. and Edwards, L., 2020, January. What does it
mean to'solve'the problem of discrimination in hiring? Social, technical and
legal perspectives from the UK on automated hiring systems. In Proceedings
of the 2020 conference on fairness, accountability, and transparency (pp.
458-468).
Sánchez-Monedero, J., Dencik, L. and Edwards, L., 2020, January. What does it
mean to'solve'the problem of discrimination in hiring? Social, technical and
legal perspectives from the UK on automated hiring systems. In Proceedings
of the 2020 conference on fairness, accountability, and transparency (pp.
458-468).
Terziev, V., Petkov, M. and Dragomir, K., 2018. The'Source of
Law'Category. Proceedings of SOCIOINT.
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