BMP4002 Individual Written Report on Legal System for Business Law

This report covers the legal system of the UK, classifications of law, source of law, and UK law-making process. It also discusses employment law, duties of employers, and wrongful and unfair dismissal actions.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
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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........................5
Part 2: Source of law..................................................................................................................6
Explanation of Case Law as a source of laws ...................................................................6
Explanation of the process of making Legislation.................................................................6
The meaning and examples of Delegated Legislation...........................................................6
Part 3: UK law making process:..................................................................................................6
Employment Law...................................................................................................................6
Statutory Duties of Employers to their employees ............................................................7
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................7
Conclusion..................................................................................................................................7
REFRENCES.................................................................................................................................8
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Introduction
Business law are the laws that has been used in order to form business
organization according to legal framework present within country. The law has
allowed guidelines formed in relation upon different functions of business
organization. Also business law has been provided through legislation that has been
formed over monitoring business functions. Through law goal and objectives set by
an organization has been achieved within time limit specified for it. The law makes
sustainability achieved over those aspects that is based upon business organization.
Scope of business law is wider in nature as it impacts business organization directly.
Nature is dynamic over the law which impacts business growth. In this report things
covered is based upon legal system of United Kingdom and law has been explained
with basic definition of civil an criminal law. Also employment law has been covered
in relation to unfair dismissal and duties of employer towards employee.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
For dealing various issues and problems related to community or society of a
country legal system helps by forming various Laws. Laws are those elements which
makes peace and order within a society(Draper and Raymond, 2020). For improving
legal system laws use acts and legislation of the country in effective manner. It
covers various legislation that exist in the form of acts in a country in order to solved
various legal problems caused due to the legal activities perform by the society. The
two important law that has been covered in United Kingdom are criminal and civil
law. This will help country to develop legality in more effectual manner.
Explanation with examples the following as means of
classification of laws in the English Legal system
a) Civil Law:
Civil law are those laws which has been formed in order to deal with those
problems caused by those activities which has been perform by an individual tends
to harm another individual. All these activities are considered wrong in civil law. To
understand the various aspects related to private crime occurs with in a society legal
system formed civil law. Civil law has great impact on those wrongful activities that
has been conducted by an individual living within a society. It also has a great
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impact in order to formation of private laws. It mainly focus on those behaviour
which has been showed by the individual towards its society. Civil law mainly focus
on those factors which makes understandable and developed the applicability of
legal acts related to an individual. By using civil law legal system gives its impact on
those activities which has been conducted by an individual living within a community.
This also helps by serving justice in respect of civil law. Different types of process
and procedures are applied In civil case with the help of civil procedures codes
under civil law(Deipenbrock, 2018). Different type of aspects has been discussed in
relation to code of civil procedure in relation to investigation which has been provided
in a particular case. Common laws are used in order to apply law as per the situation
that exist in a society. It uses civil law for serving justice in other cases related to
property, law of torts, employment law, contract law and private law. By the help of
common law civil law make important principles for private law for making justice
secure. In accordance of these law it is different from criminal law.
b) Criminal Law:
Criminal law refers to those laws which has been formed in order to deal with
the problems arises due to the criminal practices take place within a society. These
laws has a great impact on the people in order to give justice based on the offenses
conducted by the people for harming society and make indiscipline in it. In these law
it cover all those criminal offenses which has a great impact on life of the people
living within society. In accordance to this law punishment has been mentioned in
order to deal with offenses or crimes. By the help of this it enhancing the legal
system within society in effective manner. Criminal procedures code has been
formed for dealing with criminal offenses. In this code procedure this will helps in
solving criminal case in relation with trial, proceedings, and investigation which is
covered within it. Different types of offenses are covered in criminal law like murder,
assault, kidnapping, extortion, rape and money laundering. The reason behind for
forming this law is to give punishment to heinous criminals and psychotic people.
Police used criminal procedure code for performing investigation in particular
criminal matters. In accordance with it different legislation is formed in order to helps
court for giving appropriate punishment and penalties in specific criminal case.
These laws help society by developing security and safety in public in related to
criminal case matters.
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Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court refers to be an effective and important part of legal system of
United Kingdom in order to deal with all types of cases related to civil and criminal
law. This court has been divide in three important parts that are Family bench,
Chancallery bench and Queen's bench. All these parts has power in order to pass
judgment in particular case in relevant manner(Deipenbrock, 2018). The first part of
this court is Queen's bench which handles different types of criminal cases and
provide judgments on it. The second part is chancallory bench in which issues
related to civil nature or private law are handle. And the third part is Family bench in
which problems related to child born and marriage are handle. All these parts help
English legal system y reducing its complexity. High court also handle those cases in
which lower court passed judgment or has been challenged in high court.
b) Supreme Court:
Supreme court is the highest court in judicial system of United Kingdom and
also known as court of appeal as it handles those cases which comes in the form of
appeal. This also help in by protecting constitution and fundamental rights which has
been formed in Constitution of UK. This court is also known as protector of legal
system and also help it by making it more advanced in effective manner. Supreme
court become helpful on those cases in which lower courts passed judgement in
which justice has no been served in accordance of it. The cases which has been
solved in this court which has great impacts on public interest. Supreme court has a
power to make legal interest served in United Kingdom. It also helps in developing
common law principles in order to make landmark judgement and become law for
the country.
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Part 2: Source of law
Explanation of Case Law as a source of laws
Case law are those sources which has made new laws formed with more
efficiency. Also it covers about loopholes existing within society(Conant, 2018). It
makes case solved in more effective manner which makes cases solved in effective
manner. In this common law principles has been used which makes judges pass
judgment in particular case which is used for future purpose. In this all facts and law
applied within case is observed through legislation in more effective manner. This
makes law applied in its real sense.
Explanation of the process of making Legislation
Legislation is one of the most important part that has been used in permanent
law which is statutory in nature. This makes statutory laws formed which is helpful in
serving justice as per the nature of case. As per legislation process has been used
which is three reading process that helps in forming law in more effective way. In this
process legislation formed is used in trial of judiciary (Beckers, 2018).
The meaning and examples of Delegated Legislation
Delegated legislation is based upon those kinds of process including
administrative work. This has been formed through passing ordinance within
particular situation where in executives cannot directly interface within the matters.
This makes burden reduced allowing power segregated through making legal system
applied in effective manner. This makes burden reduced which allows power
segregated upon making applicability of legal system possible. Example in relation
to delegated legislation is, ministry exercises power of applying emergency and can
also be applied with the help of Privy Council.
Part 3: UK law making process:
Employment Law
These laws has been formed to deal with the issues which is used for
protecting rights and duties of employee's in more effective way. Under employment
law various elements of employment law has been marked out. In this factors like
quality, wages and rights covered related to issues based upon employment. Also
the laws has covers various acts regarding it which are Equality Act 2010, Employee
Right Act 1996, National minimum wage Act 1986 with Health and security act 1985.
The laws has allowed formation of strong relationship between employer and
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employee. These laws has given power to employees for gaining compensation in
the form of damages(Alpa, 2018).
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 They helps in maintaining health and security of employees. I
 Wages of employee's handled in more secured manner through proper legal
structure.
 Employee's requires to treat equal manner and no discrimination should be
done.
Wrongful Dismissal and Unfair Dismissal Actions
Under law unfair dismissal has been explained within Employees Right act 1996
which explains that employee cannot be dismissed without any valid reason in
relation to it.
Conclusion
From the above discussion it is concluded that business laws are those laws
that has been used in making business organization formed in more effective
manner. As per the report civil and criminal law has been discussed with various
aspects of these laws. Further, legislation, delegated legislation and case law as
sources of law has been explained. In the end employment law with duties of
employer towards employee is explained with wrong full dismissal of employee.
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REFRENCES
Books and Journals
Alpa, G., 2018. Arbitration and ADR reforms in Italy. European Business Law
Review, 29(2).
Beckers, A., 2018. The Creeping Juridification of the Code of Conduct for Business
Taxation: How EU Codes of Conduct Become Hard Law. Yearbook of
European Law, 37, pp.569-596.
Conant, L., 2018. 6. Europeanization and the Courts: Variable Patterns of Adaptation
among National Judiciaries. In Transforming Europe (pp. 97-115). Cornell
University Press.
Deipenbrock, G., 2018. Direct Supervisory Powers of the European Securities and
Markets Authority (ESMA) in the Realm of Credit Rating Agencies–Some
Critical Observations in a Broader Context. European Business Law
Review, 29(2).
Deipenbrock, G., 2018. Private Enforcement in the Realm of European Capital
Markets Law Revisited and the Case of Credit Rating Agencies from the
Perspective of European and German Law. European Business Law
Review, 29(4).
Draper, C. and Raymond, A.H., 2020. Building a risk model for data incidents: A
guide to assist businesses in making ethical data decisions. Business
Horizons, 63(1), pp.9-16.
Eisenstadt, L.F. and Pacella, J.M., 2018. Whistleblowers Need Not Apply. American
Business Law Journal, 55(4), pp.665-719.
Luhmann, N., 2018. Some problems with ‘reflexive law’. In Law, Legal Culture and
Society (pp. 184-198). Routledge.
Mora-Sanguinetti, J.S. and Pérez-Valls, R., 2021. How does regulatory complexity
affect business demography? Evidence from Spain. European Journal of
Law and Economics, 51(2), pp.203-242.
Rentorff, J.D., 2019. The concept of business legitimacy: Corporate social
responsibility, corporate citizenship, corporate governance as essential
elements of ethical business legitimacy. In Responsibility and
Governance (pp. 45-60). Springer, Singapore.
Simons, P. and Handl, M., 2019. Relations of ruling: a feminist critique of the United
Nations Guiding Principles on Business and Human Rights and violence
against women in the context of resource extraction. Canadian Journal of
Women and the Law, 31(1), pp.113-150.
Strathausen, R., 2017. Masters of ambiguity: How legal can lead the business.
In Liquid Legal (pp. 9-32). Springer, Cham.
Yusoff, S.S.M. and Oseni, U.A., 2019. Standardisation of legal documentation in
Islamic home financing in Malaysia: A literature survey. Journal of Islamic
Accounting and Business Research.
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