Legal System for Business Law: Classifications, Courts, and UK Law Making Process
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This report provides insights into the legal system for business law in the UK. It covers the classifications of law, the role of courts in the English legal system, the process of making legislation, and employment law in the UK. It also explains the statutory duties of employers, wrongful and unfair dismissal actions, and more.
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BSc (Hons) Business Management BMP4002Business Law Assessment 1 Legal System for Business Law Submitted by: Name: ID: 1
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Contents 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..........................................................................................................................4 a) Civil Law:...........................................................................................................................4 b) Criminal Law:..................................................................................................................4 Explanation of the role of the following Courts in the English Legal system........................4 High Court:.............................................................................................................................4 Supreme Court:.....................................................................................................................5 Explanation of the process of making Legislation.................................................................6 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 Wrongful Dismissal and Unfair Dismissal Actions..............................................................7 Conclusion..................................................................................................................................7 References..................................................................................................................................8 2
Introduction Law is command which are being given by the sovereign and the parliamentary bodies which helps out to manage all the rules and the regulations for the protection of the people. Their is been laid that in order to manage all the proper frameworks there is implied to maintain the governance and also to repudiate and analyse the legality of the work. In UK there is no written constitution and all the behaviour of the people are mainly being addressed by the command and the role of growth. They manage the rules to be made for the interest of general public and all for the welfare of the society. Their are so many laws which are being made in order to manage peace and prosperity(Kammer, 2018). In this report there is being provided classification of law along with the different functions incourt through all statutory obligation managed in employment act. Part 1: Classifications of Law Define laws and identify the respective legal systems in the UK Law provides most important part in the societythere is analyses in legality and rights and the implementation of the law are being aligned in order to manage the protection of the people and also top frame the general analysis with the general aspects. Their is been seen that all the legal areas are being made in order to frame and manage the society to work according to the governmental rules and the principles. As there is opted that in UK there are mainly no written constitution which is being made and it is partly written and not wholly codified(Hattab, 2018).Their is also seen that the twomajor legal applicationused inUK have theStatutory implicated law with Common law been managed instatutory law comprise of the laws and the rules which are being made by the legislation and the there are framed through higher authority and the governmental bodies which mange the basic principles and the structures,. The common law is majorly all the judge made law in which the judicial precedence is being laid and it encompasses the work and the altered nature and the principles. Here all the laws are being made through previous judgments. The two important housesin the UK are common and also house of lords that enacts with making the laws and the legal implications. 3
Explanationwithexamplesthefollowingasmeansof classification of laws in the English Legal system a) Civil Law: Itprovideslaws helps out in managing and solving all the disputes in relation to property and also with general management of the underlining areas and the agreements. All the civil issues or the case in relation to the property are being taken place in various courts which are like, Appellate court, county court, supreme court and High court all these deals with the major issues in the lands and the property other then this any of the agreement which are being breached in the party are also comprised in it. Variousinjuries which are being providedas given in civil laware like injuries,damages,compensation and many more. This implies to have all the general and the implied nature of working and functionality. All the jury manage and provides the content to be framed through given verdict. It conveys and manages all the concerned areas and the property through which they implicate the rules and the vary nature to be re framed in all the concerned areas(Gentry, 2019). b) Criminal Law: All major cases which affects the life and the safety of the individuals are being concerned in it. Their is being provided that criminal law deals with all the laws and the legal applications in which crimes are being covered and majorly affect safety and also liberty in individuals. Murder, rape, assault, man slaughter are some of the kinds of cases in which the criminal law deals. The courts which provides the major punishment and deals with the criminal matters are like Queens bench, Divisional bench, Supreme court, Juvenile court,, high court. The punishments are addressedand given all criminal matters can be fine, death penalty, life imprisonment and many more. It frames the protection of the people and their life in general areas and the company(Levick, 2019). Explanation of the role of the following Courts in the English Legal system High Court: It is most famous court in London it manages also deals with all justice that are being rendered and helps in promoting the laws and the regulation for the welfare of the society. It is the Her Majesty Court of England and manages the high values and other important areas which helps in framing and accompanied all the jurisdiction to be made for the safety and the 4
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compliance of the individuals. The main aim of the high court is to provide all the management and the working in such a way that they will eventually maintain the protection of the society through all the crimes. As in High court some of the main benches and the division of the courts are being given they are like the chancery court, family court, Queens bench and many more. All these are underline in high court in order to manage the judgment and the work to be specified and framed in proper manner. The appeals from all the lower courts are being dealt by the high court and all the issues and the appeal of the high court are being made to the supreme court(Drew, 2019). Supreme Court: It is the superior court which is also being known as the apex court it carries out mainly all the appellate jurisdiction and the all the cases which are being made from public importance and safety. It manages all the criminal and the civil issues to be protected and applied. This underlines all the judiciary system and also helps to regulate all the justice for the public safety. The decision which are being given by the supreme court will; be final and cannot be neglected. This implies to be the judicial precedents in which the main elements and the law are governed with the general principles. So all the favors are made for the public safety and morality(Ley, 2018). Part 2: Source of law Explanation of Case Law as a source of laws It is the judicial precedents or the laws which are being made by the judges and helps in regulating and manner this comprise of all the subsequent cases and the nature of working. Their is been seen that all the judges when in order to manage the rules and the decisions that is, all the verdicts which are being given by the superior court will be applied on all the ,lower court and it will be provided in the law records and the transcripts through which they maintain the legal application. It helps to provide the customary laws in all the lower and the inferior courts and this focus on the doctrine of stare decisive where all the case law are binding withinindividuals and applied common law for the citizens of UK. 5
Explanation of the process of making Legislation Legislation gives the law framing and managing laws to be complied and managed according to the general sources. Their is been circulated and managed inboth the houses and that bill will be further undertaken through all the areas in which they manage and frame all the necessary changes, amendments and the loopholes to be covered so as to manage the proper drafting of the bill. Once the assent is being given by the monarch then that bill will be applied on all the individual and will be treated as law(RO 2020). The meaning and examples of Delegated Legislation It ismainly shifting of legislationin which subordinate bodies as their regulatory frame and help in managing the rules and the applicability of principles. It is mainly when all the laws making powers is being shifted to any other person which can be any expertise or the other governmental authorities in order to save time and also to manage the delegated areas for the public importance then this will be amounted to delegated legislation. Some of the main examples of all such are like council order, parliamentary sovereignty, by-laws and many more. These are mainly be made for the executive ministers and the other areas through which the effective recognition of laws are being made(Arkell, Hayley and Downey, 2021). Part 3:UK law making process:Employment Law Statutory Duties of Employers to their employees Theemployment law 1996 helps in givingand protectingrights ofemployees and the employers in the company. Their is been seen that some of the major duties which are been given to the employers as in context to the employees are like: All the employees are needed to be given proper training in order to manage their personal safety top deal with all the equipment and laps to regulate and manage the general working an the assigned activities in the workplace to be addressed properly. All the leaves, maternity, paternity and the other salary l;eaves are required to b e given to the employees when needed. All the employees should be given the health and hygiene facilities in which their should be required and manage the medical benefits and the supervision. 6
Working hours of all the employees are managed and being provided to be applied according to the fair recruitment and facilitates. Wrongful Dismissal and Unfair Dismissal Actions The wrongful dismissal are mainly all such removal of the employees from the company by not givingthem thenotice.In all company itimportant to serve the 2 month noticeperiodbeforeterminatinganyemployeesandalsotoprovidethereasonfor termination in case when the company fails to do so then this will make the wrongful termination and also make the employees to get the compensation for all the issues and can go the court and ask for relief (Anestis, and et.al., 2019). The unfair dismissal is in which the employers without providing the actual reason to their person explain and make the termination of the employee. This is mainly all the unfair removal of the employee from the job which affects their working. This can be asking for maternity leave, any denial for working and many more. On all such cases the company can ask for the compensation and also for the damages being framed.They can ask for the loss in courts. Conclusion From this above analysis it is been concluded that law is the important areas in all the country as this manages the systematic approach in which all the legal rules and the principles are being made and this also helps in framing the executives and the general working body. All the criminal law helps indealing with all the issues for personal management of life along with liberty of the individuals. Legislation aremainly themade laws in framing the general rules and the principles. Further it is also concluded that right to health and safety at work leave are some of the major rights of the employees in the company. 7
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References Anestis, and et.al., 2019. Firearm legislation and statewide suicide rates: The moderating role ofhouseholdfirearmownershiplevels.Behavioralsciences&thelaw,37(3), pp.270-280. Arkell, T.R., Hayley, A.C. and Downey, L.A., 2021. Managing the high: developing legislationanddetectionmethodsforcannabisimpairment.NatureReviews Neuroscience,22(9), pp.584-584. Drew, S., 2019. The High Court considers the scope of the Chorley exception.Precedent (Sydney, NSW), (153), p.48. Gentry, L., 2019. Case note: High court confirms priority for employees.Bulletin (Law Society of South Australia),41(7), pp.24-25. Hattab, M.K., 2018. The Doctrine of Legitimate Expectation & Proportionality: A Public LawPrincipleAdoptedintothePrivateLawofEmployment.LiverpoolLaw Review,39(3), pp.239-264. Kammer, S.M., 2018. Whether Or Not Special Expertise Is Needed: Anti-Intellectualism, the Supreme Court, and the Legitimacy of Law.SDL Rev.,63, p.287. Levick, M., 2019. Kids are different: the United States supreme court reforms youth sentencing practices for youth prosecuted in the criminal justice system.Juvenile and family court journal,70(3), pp.25-44. Ley, D.J., 2018. The pseudoscience behind public health crisis legislation.Porn Studies,5(2), pp.208-212. RO, E.L.B., 2020 JOURNAL OF BUSINESS AND EMPLOYMENT LAW. 8