Legal System for Business Law - BMP4002 Assessment 1

This report explains the legal system for business law in the UK, classifications of law, source of law, and UK law making process for employment law. It also covers statutory duties of employers and wrongful dismissal actions. The report is based on BMP4002 Assessment 1.

BMP4002 BUSINESS LAW
ASSESSMENT 1
LEGAL SYSTEM FOR
BUSINESS LAW
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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...................4
PART 2: SOURCE OF LAW...........................................................................................................5
Explanation of Case Law as a source of laws....................................................................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.........................................................7
Statutory Duties of Employers to their employees..........................................................7
Wrongful Dismissal and Unfair Dismissal Actions............................................................7
CONCLUSION..............................................................................................................................8
REFERENCES ..............................................................................................................................9
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INTRODUCTION
Business law is one of the best source of legal issues prevention, in the
context of companies, as it prevent an organization from being failing in any legal
problem that impact negatively, upon ventures sales, success and growth
(Mahaputra and Saputra, 2021). The current study will explain the laws, respective
legal systems in the UK and examples of civil and criminal law. The report will also
justify the role of high and supreme court in English legal system. It will also define
the case law as a source of laws, procedure of making legislation and meaning with
example of delegated legislation. Lastly, the report will specify the statutory duties of
employers to their workers and wrongful and unfair dismissal actions.
PART 1: CLASSIFICATIONS OF LAW
Define laws and identify the respective legal systems in the UK
A set of rules, policies and systems which an organization, community or
individuals are accountable to follow in appropriate manner (Fix and Messina, 2021).
Each rule and policy is quite essential for all to follow and comply with systematically.
Civil law, common law, religious, customary and mixed law, are the best
examples of five legal systems, that utilized in the United Kingdom (Yeung, 2019).
Explanation with examples the following as means of classification of laws in the
English Legal system
a) Civil Law:
Civil law is included in term of legal system, which is considered as the most
essential part of a nation's set of laws, and regulations (Chouaibi, Chouaibi and
Rossi, 2021). This part is concerned with some private and confidential affairs of
citizens, such as property ownership, marriage, more than with crime. It can be said
that civil law appropriately deals with those cases where wrong is done, by a specific
party, such as company, individual or others against a particular individual.
For example, it deals with money, custody of a child, housing, divorce, and
property related to issues, which provide justice to a person to file case against
second party. Contract breaches, tenant issue, and tort claims, are the best example
of civil law, which are included in English legal system.
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b) Criminal Law:
It can be said that criminal law is usually related to breaches and offenses that
put negative impact on whole society, more than just a one person (Ramadani and
et.al., 2021). The current form of law, appropriately and clearly outlines what
regulations of parliament deem to be bankable or unacceptable conduct in the
United Kingdom. The aim of criminal law is to punish the offender, in specific way
that is developed to prevent them for purpose of carrying out the offenses again.
Theft, murder, druken driving and assault, is the best example of criminal law,
that put direct impact on individual, who face issue related to these events. Felonies
and misdemeanors, are the two types of criminal laws that utilized according to
situational demand. Criminal damage, money laundering, murder, drug dealing, are
the examples of offenses that breach criminal law.
Explanation of the role of the following Courts in the English Legal system
a) High Court:
High court plays important role in English Legal system, for example, they
pass deal with number of cases which come to it on appeal or might be begun in the
high court. The most important role of high court is to superintend and deals all the
subordinate courts. It has power to ask for further details related to proceeding from
subordinate justice centers (Beattie, 2022). High court in the English legal system is
accountable to issue rules and regulation, related to work of subordinate courts. It
appeals in criminal and civil cases from their subordinate courts and their own.
Wales and England has a common law legal system, which developed by the subject
matter heard in previous cases, and because of this law is formed by the judges. In
the context of this system, high court can take unpredictable actions as it have
judicial review power, which make it capable to appropriately examine
constitutionality of regulation enactment and executive orders in regard to state and
central governmental bodies.
b) Supreme Court:
Along with high court, supreme court can also play significant role in regard to
English Legal System, as it have power to take up appeals against finding of fact,
provided by high courts and other type of courts (Swamynathan, 2022). The
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supreme court is accountable to handle dispute matters between different
government authorities, state governments, center and any form of state
governmental bodies. Along with above essential practices, high court play
unpredictable role in the context of English legal system in form of hearing matters or
issue concern which President refers to it, in its advisory or consultative role. As
appeal court, it cannot recognize a case unless a appropriate order can be made in a
low court (Chan, Nik-Bakht and Han, 2021). It passes bill that is appropriate for
society or community as well as individuals. Supreme court is concentrate on varied
cases of the best public & constitutional essential. It also contributes to maintain and
appropriately develop the key role of the highest courts in the UK as a head or leader
in the common law.
PART 2: SOURCE OF LAW
Explanation of Case Law as a source of laws.
Case law is one of those legal terms, which is based on judicial actions and
decisions, more than law based on statutes, or constitutions. This type of law is
concern different and valuable disputes resolve by the courts utilizing concrete facts
of any case. In several nations, such as UK, judicial decisions are developed and
authoritative into a key source of law, which is named as case law (Kameo and
Prasetyo, 2021). It can be extended the strategic application of regulation and also
deemed to form key part of law. It can be said that other jurisdictions usually, civil
law jurisdictions the decisions are mainly only deemed to interpret the current law,
and are not a binding source of law. In the recent time, case law is utilized the
detailed and appropriate facts of case that can be resolved by the courts or similar
legal center. Case law, is quite essential in a common law legal power, as when
judges make decisions related to any issue or matter of regulation, they can follow
the actions of their superiors, and processes. This norm of share decisive is quite
important as it enables to maintain the key element of predictability in the context of
juridical relations. It can be said that case law analysis is considered as core of
layering procedure, as courts work to deflect contradicting themselves, and might be
never contradicted a legal center which is higher in that powerlessness hierarchy
more than the court itself.
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Explanation of the process of making Legislation.
Law making is defined as strategic procedure of crafting legislation or
regulations, in appropriate and systematic manner, for which some high authorities
are accountable (Olaye-Felix, Allen and Metcalfe, 2022). The key procedure of law
making is begun with the very first stage and that is bill drafting, before it can be
passed by the high authority. It can be said that a bill is considered as draft of a
legislative proposal, which it passed by the House of lord or parliament, which after
become an act or legislation of parliament. The house of lord, play significant role in
the context of law making process, as it accountable to pass the bill, with acceptance
of each term. The introduction of a bill in the house of parliament and by the House
of Lord, is quite essential, as it enable to move further in appropriate and legal
manner. The bill is passed after the process of reading, where management read
each term, before passing the same, because it put direct impact on further actions
and decisions. It is fact that the Acts and Bills are often considered to as primary
regulation. An act might be delegate power to a government professional, in order to
make essential regulations, or rules, which individual is accountable to follow.
The meaning and examples of Delegated Legislation.
Delegated legislation is considered as secondary regulation that has been
made by a body or person other than parliament. Through an act of parliament, they
can allow another body or an individual to make legislation, which is essential for
varied reasons. Defence of the Realm Act 1914-15 and Emergency Power Act 1920,
are the best example of delegated legislation. It is the only source, which
government body utilize to meet a specific situation. Thus, during time of war or
emergency, an executive is given high power to handle with the circumstance. The
above two examples of related to the delegation in the England during first & second
world war. Delegated legislation is usually recognized as a form of law made by the
executive authority, according to the power conferred to them by the primary
management for purpose of executing, implementing and managing the needs of
primary authority. The current type of legislation is formed because of varied reasons
such as technicalities of matters, trivial matter, emergency situation, save time of
legislatures, pressure relief, etc.
It makes primary authority capable to save time and cost when dealing with
some emergencies, that affect negatively upon individual performance and activities,
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either in negative or in positive manner, which drive the attention of authority toward
strategic further decisions.
PART 3: UK LAW MAKING PROCESS: EMPLOYMENT LAW
Statutory Duties of Employers to their employees.
It is important for the employers to fulfill their statutory duties in appropriate
manner in the context of employees, who are working for them and a company, by
conducting professional practice (Steingold, 2021). The most important role of
employers, toward their employees is paid leaves as they take initiative to plan and
implement strategy for paid leaves. When employee have a specific reason, they
have to provide them a paid leave, according to the requirement.
Another statutory duty that employer has and apply for their employees is
providing safe working environment, where candidates feel safe and secure from
certain harms, that might be impact negatively. For purpose of meeting this duty,
they can conduct practice of making strategic plan according to which, all the safety
measures are taken by the employers.
Along with above two, employers accountable to fulfill more duties that they
had, such as eliminate the causes behind discrimination, which is important for them
to do so, due to varied reasons. By fulfilling all the statutory duties they can take
pleasure of retaining skilled employers.
Wrongful Dismissal and Unfair Dismissal Actions.
Wrongful termination is another considerable name of wrongful dismissal,
which defines as a situation in which candidate's contract of employment had
terminated by the employer. In this situation, termination breaches more than on
terms of agreement of employment in the employment regulation. This term occurs
when an employee is terminated by their employer, without specifying the reason,
and providing notice, which is the most important element or base, of termination. It
is important for employer to provide a specific notice period or letter related to the
same to employee.
Due to this form of wrong or unfair action, an employee feels a lot of pressure
and stressed, which put negative impact on their current and further performance in
the workplace, when they work within another company. Termination on the basis of
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basis elements are included in the category of unfair dismissal or wrong dismissal
action, which affect negatively upon employer and employee too. There are different
types of approaches, and practices are available in the world of business, that can
be implemented in the context of unfair dismissal action such as financial
compensation.
CONCLUSION
On the basis of above discussion, it has been concluded that house of
parliament and house of lord, plays essential role in the procedure of law making as
they had conducted unpredictable satisfactory activities that benefits everyone.
Furthermore, it has been determined that statutory duties has been fulfilled by the
employers, as they had followed the rules and regulations according to the
employment and other laws.
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REFERENCES
Book and Journals
Beattie, C., 2022. High Court should not restrict access to puberty blockers for
minors. Journal of Medical Ethics, 48(1), pp.71-76.
Chan, E. E., Nik-Bakht, M. and Han, S. H., 2021. Sources of ambiguity in
construction contract documents, reflected by litigation in supreme court
cases. Journal of Legal Affairs and Dispute Resolution in Engineering and
Construction, 13(4), p.04521031.
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.
Fix, K. M. and Messina, R. M., 2021. Does Federal Common Law Define a Business
Trust's Eligibility for Chapter 11?. American Bankruptcy Institute Journal.
40(10). pp.22-53.
Kameo, J. and Prasetyo, T., 2021. Pancasila as the first and foremost source of
laws: A dignified justice philosophy. Journal of Legal, Ethical and Regulatory
Issues. 24. pp.1-8.
Mahaputra, M. R. and Saputra, F., 2021. Application Of Business Ethics And
Business Law On Economic Democracy That Impacts Business
Sustainability. Journal of Law, Politic and Humanities. 1(3). pp.115-125.
Olaye-Felix, B., Allen, D. E. and Metcalfe, N. H., 2022. Surrogacy and the law in the
UK. Postgraduate Medical Journal.
Ramadani, S and et.al., 2021. Criminal law politics on regulation of criminal actions
in Indonesia. Linguistics and Culture Review. 5(S1). pp.1373-1380.
Steingold, F. S., 2021. The Employer's Legal Handbook: How to Manage Your
Employees & Workplace. Nolo.
Swamynathan, B., 2022. Necessity Development Factor of Computerisation in
Madras High Court For E-Govern and E-Court. American Journal of
Multidisciplinary Research and Innovation. 1(1). pp.9-12.
Yeung, K., 2019. Regulation by blockchain: the emerging battle for supremacy
between the code of law and code as law. The Modern Law Review. 82(2).
pp.207-239.
Online
All above Civil law. 2018. [Online]. Available Through:
<https://scholar.google.com/scholar?
hl=en&as_sdt=0%2C5&q=business+law&btnG=>
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