Legal System for Business: Classifications of Law, Source of Law, and UK Law Making Process

This report discusses the legal system for business, including classifications of law, sources of law, and the UK law making process. It covers civil and criminal law, the role of the High Court and Supreme Court, case law, legislation, and delegated legislation. It also discusses employment law and the statutory duties of employers to their employees, as well as wrongful and unfair dismissal actions.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 3
Part 1: Classifications of Law 3-5
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 4-4
a) Civil Law 4
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 4-5
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 5-6
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 6-7
Statutory Duties of Employers to their employees 6
Wrongful Dismissal and Unfair Dismissal Actions 7
Conclusion 7
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Introduction
The aim of this report is understand the law and its types. Each and every
business organization must follow the laws so that they are able to follow them and
attain success. There are certain modifications and changes seen in the laws on
regular basis so that the information is updated (Bartolacelli, 2019). All the laws are
formulated so that people behave in right way and are able to justify the behavior. In
this report, there is discussion related to various laws. The role of the courts are also
mentioned in this report. The sources of law are also being evaluated in the report.
The statutory duties of the employers are also mentioned in the end of this report.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws can be defined as system of rules that is being followed by a country. It
helps to regulate the actions of the members and if they are not followed then there
are chances of penalty. Laws are considered to be superior than all the other
aspects that are prevailing in the society. The laws have power to guide the functions
and societal behavior of people (Clarkson, and Miller, 2021). It helps the citizens to
act in a certain manner and assure that all the people take care of the rules and
regulations.
There are two main laws that are applied in UK and they are common law and
statutory law. Statutory law is a written law that is passed by body of legislature. It
comprises of House of Commons and the House of Lords that help in effective
management. They bring bills that are converted into laws afterwards they are
applied to all the citizens. The common law are the one that are made by the judges
at the time of judgment. Common law are being derived from judicial decisions.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
It includes all the laws that related to disputed property. For which there is
need of proper management and agreements that have general functioning. These
civil laws take form of implied law and are related to the issue of property. It is seen
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that they are binding and thus create infliction of the considerations. It is the right of
an individual that is related to property. It is a non criminal law and is considered as a
crime (Graw, and.et.al., 2019). The case related to civil is being dealt by County
courts, Appellate courts, tribunals, High courts and Supreme court. Basic remedies
that are available under civil law are injunction, compensation and damages are
also awarded.
b) Criminal Law:
It includes the cases that are serious in nature. It is necessary to provide
protection to society so that they are able to operate effectively. There is discussion
related to concerns offenses, their prevention and the consequences. It is necessary
to note that it helps to maintain morality in society so that there is proper
management. The task is to remove the harm from the society and let all the people
live properly (Gürsel, 2019). It provides punishment to the the culprit so that they
may take lesson. It has wide scope and it includes public order, robbery, theft,
rapes, assault, white collar crimes, murders, etc. The matter is being solved by
Queens bench, Divisional courts, High court and Supreme court.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
It is one of the important court that provides justice to people in London. It
plays an important role and gives wise decision. It is also known as "Her Majesty's
court of England". It involves the cases that are of high value and can not be
managed by lower courts and tribunals. It also includes the breaches such as
Chancery division, Family court, Queens Bench, etc. A single judge takes the
decisions and in some cases there is need of adjudications and solutions. If the
cases are not being solved by High Court then they are being solved by Supreme
Court.
b) Supreme Court:
It is the prime level authority that makes judgment. They are apex body and
the decision taken by them is final and must be followed. They hear both criminal as
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well as civil cases and give appeals. It plays a vital role in Judiciary system an they
are the top level. There decision is the last decision and the power is above all the
courts (INDEMNITIES, 2019). They take all the decisions after hearing the situation
and are in favour of the right party.
Part 2: Source of law
Explanation of Case Law as a source of laws
Common laws involve the laws that are made by the judges. These judgments
are being given by the top level courts and the lower courts have to follow the same.
It is seen that the judgments of high level courts are binding for the similar cases
seen in small level courts. It is known as Judicial Precedent. All the decisions are
abide by the courts at low level (Miller, 2021). The management is easier and it
includes cases such as Public protection, safety, etc. These laws have binding
impact on the cases that are similar in nature. It is know as doctrine of stare
decisions that have to be followed by the courts.
Explanation of the process of making Legislation
There is need to understand the process that is being used to make
legislation. There is a bill that passes through certain stages. The main aim of
bringing a law is to implement any rule or regulation. There are majorly two houses
that make decision related to bill. House of Commons and House of Lords are
responsible to make law, regulation and act. In the first stage, the law is being
introduced in front of house (Smith, M., 2020). Afterwards it goes through various
stages that will help it to get recognized and become a law. In the next stage, voting
takes place. The amendments and changes take place with the help of voting
systems. It helps to study the bill properly and minimize the issues by making certain
amendments. In the end, bill is sent to Royal Monarch who makes it as a act. Then
the same is applicable for the citizens of UK.
The meaning and examples of Delegated Legislation
It is important to delegate the legislation so that all can follow the same. It is
seen that these are formulated by the subordinate bodies rather than the legislation
itself. The law is being passed by the body who has got delegated power and can
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pass the same. It helps to make rules and regulations so that delegation is done
effectively. It is necessary to give delegation with authority and follow the same in
proper manner. The power given to the subordinates is according to principles given
by government (Miller, 2021). Council's order, parliamentary sovereignty, are some
of the examples of delegated legislation. They are being carried in reference to an
act.
Part 3: UK law making process: Employment Law
Employment law are the laws that are being formulated to support the
employment. The employees must be provided with proper working conditions in the
environment. The employees must be protected and given right to all the information
and opportunities. In UK, judges make the implied terms and then the same is
followed properly. All the employees and employers must follow the laws and
legislation that being made by the the judges.
Statutory Duties of Employers to their employees
In UK, the employees and employers of any company or organization are
governed by the different employment laws and one of the most important and
essential among them is the Employment rights Act of 1996. This act lays down
policies and procedures which provides duties which an employer must follow and
abide while managing its employees or workers. Some of the essential statutory
duties are as follows:
c) the employers of any organization should properly guide their employees
while ensuring that they are trained and they learn all the information relating
to the tasks or responsibilities that are assigned to them (Schmitthoff, 2020). It
is essential to ensure that there is no unwanted behavior or conduct on the
part of the employees with respect to the training given to them at the
workplace.
d) The employees while working in an organization have the right to get proper
remuneration or salary for all the work that is done by them and that salary
should be in accordance to the National Minimum Wages Act.
e) The employer must understand that his duties also involve to look out that
there is no discrimination based on different race, religion, color, sex, caste,
etc. while dealing with the employees. They should not face discrimination at
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the workplace. The workers are also entitled to get proper medical and
maternity leaves when needed.
f) With respect to the work area, the employer should ensure that within the
premises of the organization proper health and safety protocols are followed
by the workers so that they do not face risks relating to their safety.
g) An employees work hours should be regulated by the employer and they
should see to it that no worker is exploited with respect to over working and
thus a fair recruitment policy must be followed.
Wrongful Dismissal and Unfair Dismissal Actions
When an employee is Wrongfully dismissed or unfairly dismissed by the
employer then they have the right to make claims for compensation relating to their
termination from the company. Both the dismissal process have huge differences.
Wrongful dismissal implies that the employer removes an employee without
complying to the norms and procedures of the agreement which relate to the clause
of providing prior notice of two months, then that employee can claim wrongful
dismissal (Singer, 2018). This term also implies when the employee's job is
termination before the full completion of the contract of employment. The employee
has rights to defend and justify themselves with respect to dismissal.
Whereas, unfair dismissal implies that an employee is fired by the employer
without a proper reason or explanation for doing the same. The termination by the
employer due to the unsatisfactory performance of the employee without giving a
chance to them to explain them is also termed as unfair dismissal. For example,
when the employment contract of a woman is terminated on the grounds that she
has not returned from her maternity leave is also termed as unfair dismissal.
Conclusion
From the above report, it is concluded that there is need of laws and
legislation to be followed effectively. It is seen that the laws are formulated in the
interest of public and for their benefit. In this report, there is discussion related to the
meaning of law. The understanding related to criminal and civil law is also part of this
report. The discussion related to the court and the cases being handled by them is
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also part of this report. In the end of this report, there is evaluation related to law
making process.
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References
Bartolacelli, A., 2019. The unsuccessful pursuit for sustainability in italian business
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Sustainability (Cambridge University Press, 2019).
Clarkson, K.W. and Miller, R.L., 2020. Business law: Text and cases. Cengage Learning.
Graw, S., and.et.al., 2019. Understanding business law. LexisNexis Butterworths.
Gürsel, Y., 2019. Handbook for Foreigners to Conduct a Banking Business Under Turkish
Legal System: Establishment of a Subsidiary. Available at SSRN 3440045.
INDEMNITIES, C., 2019. BUSINESS LAW OURNAL.
Miller, R.L., 2021. Business Law Today, Comprehensive. Cengage Learning.
Miller, R.L., 2021. Business Law Today, the Essentials: Text and Summarized Cases.
Cengage learning.
Schmitthoff, C.M., 2020. International business law: a new law merchant. In Current Law
and Social Problems, II (pp. 129-153). University of Toronto Press.
Singer, L.R., 2018. Settling disputes: Conflict resolution in business, families, and the legal
system. Routledge.
Smith, M., 2020. A modern approach to regulation: Integrating law, system architecture and
blockchain technology in Australia. Australian Business Law Review, 48(5),
pp.460-465.
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