Legal System for Business: Classifications of Law, Source of Law, UK Law Making Process, and Employment Law
Verified
Added on 2023/06/17
|8
|2276
|313
AI Summary
This article discusses the legal system for business, including classifications of law, source of law, UK law making process, and employment law. It covers topics such as civil law, criminal law, case law, delegated legislation, and statutory duties of employers to their employees.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
Business Management BMP4002Business Law Assessment 1 Legal System for Business Law Submitted by: Name: ID: Contents 0
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Introduction2 Part 1: Classifications of Lawp-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 systemp-p a) Civil Lawp b) Criminal Lawp Explanation of the role of the following Courts in the English Legal systemp-p a)High Courtp b)Supreme Courtp Part 2: Source of lawp-p Explanationof Case Law as a source of lawsp Explanation of the process of making Legislationp The meaning and examples of Delegated Legislationp Part 3:UK law making process:Employment Lawp-p Statutory Duties of Employers to their employeesp Wrongful Dismissal and Unfair Dismissal Actions Conclusionp 1
Introduction Business law is based over making business organization formed in more effective manner. These laws help in dealing with those aspects making business process completed in more effective manner. Further, business law provides upon making goals and objectives achievedin more effective manner. Business law providesappropriatestructurewhichmakesbusinessorganizationfunctionin appropriate manner. Further business law uses various laws that help in making improvement done within various process of business. Also the law has wider scope in relation to working of business organization. Nature is dynamic since it helps businesstoprogressinmoreeffectivemanner.Furtherthefileisbasedover concepts of law in relation with legal system within United Kingdom. Then sources of lawhasbeencoveredwithemploymentlawsanddutiesofemployertowards employee is covered with unfair dismissal. Part 1: Classifications of Law Define laws and identify the respective legal systems in the UK Law mean best disciplinary actions help in developing legal structure within a country. These are recognized in relation to societal activities whichtend to harm basic structureof society(Willink, 2021). Lawconsists of legislation, acts and sections that lead towards forming legal structure in order to maintain law and order within society. Laws are based upon issues within which three organs of government requires to interfere. This organ has provided rules and regulations which helps in structuring legal perspective within a country. Within the legal system of United Kingdom there are two main laws which have been developed that is civil and criminal law. Explanation with examples the following as means of classification of laws in the English Legal system a)Civil Law: These laws are based upon legislations that are used in order to protect individual living within country like United Kingdom. In other words similar means those laws that has been formed in order to develop on various aspects that is 2
related to individual existing within society. These laws help in making individuals legalperspectiveunderstoodandbettermanner.Further,civillawdealsupon various perspective that has made individual's tendencies outlined in relation to various situations within society. Civil law is covered within civil procedure code which defines about process and procedure required to be followed in order to punish criminals conducting civil wrong.These laws have been developed in order to makes justice served in its real sense. The term “civil law” can have two meanings (Secrieru, 2018). First, it can mean matters of private law, such as personal injury, contract cases or other legal disputes between private individuals. This is distinct from criminal law. Second, it can mean a legal system based on a civil code b)Criminal Law: These laws are used in order to deal upon those aspects which are related to crime taking place within society. Such law impacts public at large throughcrimecommittedbyaperson.Thelawhasmadedevelopment possible through criminal procedure code that has made existing process in order to deal over criminal activities taking place within society. Under criminal law different offence like murder, assault, rape , kidnapping, extortion and mob bleaching is covered. This law has provided means of faire justice within society through punishing criminals over crime committed by them. Explanation of the role of the following Courts in the English Legal system a)High Court: This court is second highest court having responsibility over securing judiciary within particular country. Further, the court handles all kind of cases within its judicial proceedings. Also it helps in making justice served to an individual(Pawlowski, 2021). Three main division of high courts which are Queens bench that handles all kind of criminal cases which has makes criminal punished in more effective manner. Second division is Chancallory division under this all kinds of civil cases is handled. Third division is family court which deals all matters related to family, marriage and children born out of it. These divisions have provided strong legal structure that has helped in securing justice within particular case. The court only handles cases transferred from lower courts and no case can directly be heard within high court. 3
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
b)Supreme Court: This is known as highest court of appeal making justice served in relation to cases transferred from high court. The case is heard in the form of appeal thus Supreme Court is known as court of appeal. Further court deals with all kind of cases that makes judicial framework formed within country. The court has been embedded with different powers in relation over various aspects of legal system within United Kingdom. Court has power form another laws using common law principle existing within United Kingdom. This court has power to eradicate law though a special ordinance making law null void in nature. This power has been given in order to secure justice in its real sense. Supreme court in order to procure justice and maintain independence of judiciary. Part 2: Source of law Explanation of Case Law as a source of laws Case lawmeans those important sources that havebeen providedwith relevancy upon law making process. The source is able to provide justice in case when statutory laws fail to secure justice. As per the source landmark case law makes analysis done upon facts and law applied within it. It helps in understanding about law applicability within particular case. Source is used only when justice is not served in its real sense through applying statutory law within it. The landmark judgment passed through the source is used within future over procuring justice (Giner and Pardo, 2018). Explanation of the process of making Legislation Legislation means those acts that make law and order understood while forming law in more effective manner. According to source law has been formed using three reading process which makes justice procure in more effective manner. This source uses three reading process prescribed within constitution of UK. The meaning and examples of Delegated Legislation 4
Delegated legislation is one of the most important sources that is used by executive in order to make sub authority for handling particular task in relation to legal activities taking place within society. The legislation leads upon passing order or circular specifying purpose for which subordinate authority has been formed within particular case. These authorities have been given power to act immediately in relationtoparticularcasewithinsociety.Theyactimmediatelyuponvarious situations existing within society. It makes legal structure more effective and makes justice served in its real sense. This can be understood with the help of example that is Ministery exercises power of applying emergency and can also be applied with the help of Privy Council(Ferreira and Costa, 2019). Part 3:UK law making process: Legal system of United Kingdom is very effective in nature through law formed in more effective manner. There are three main organs which are legislative, executive and judiciary. Further explanation in relation to law making process of UK is as follows: Legislative:These are the basic organ title been used in order to make law within country like UK. Also it is considered one of the most important organ which helps in making laws with in UK and has very important to law role to play within its law making process. In order to make laws stage processes andfollowedwhichhasbeendefinedwithintheConstitutionofUnited Kingdom. First stage bill is only presented and no discussion is done upon it. Second stage of development discuss in detail with house of commons. Can come 3rd stage within which the bill is been sent to house of Lords for having for the discussion with amendment made in house of commons. Then in the end Royal assistance is provided to the bill w which makes it permanent law. Executive:Thesecondmostimportantorganusewiththelawmaking processofUnitedKingdomexecutive.Itincludesbureaucraticand administrative officers. They have been given power to make sure that the legislation is applied in appropriate manner within the society and serve the purpose of Justice(Ballem, 2019). 5
Judiciary:Third most important organ is judiciary which deals with trials and proceedings taking place in relation to Civil and criminal cases, it contains court and legal system which help in securing constitution of a country. The actasProtectoroffundamentalrightsofanindividualitalsoguide government in relation to see that lost found by them serve the purpose of Justice Employment Law Employment laws are those laws which have been form in order to protect the rightsanddutiesofemployees.Losshashelpinsecuringjusticewithinan organization. These laws covers legislation which health and employee to deal over variousissuesandproblemsthatisfacedbyitwithinanorganizationorat workplace. Statutory Duties of Employers to their employees There are various kinds of duties employer that has been explained as follows: To maintain health and security of employees Wages should be given in secured manner and on timely basis Employees should be treated equally as per equality law. Wrongful Dismissal and Unfair Dismissal Actions Unfair dismissal the process within which an employee has been dismissed from an organization this is of is color, religion and gender. This has been discussed under section 29 of employee’s right at 1996. As per the act reply can only be dismissed when he commits fraud,theft or any other unethical workforce violets ethical regulations of an organization(Amini and et. al., 2020) Conclusion From this discussion it can be concluded that business laws are those laws whichhelpsinformationofbusinessorganization.Alsotheselawshelpsin developingproperprocesswhichmakesbusinessorganizationworkinmore effective manner. This person to be covered is based upon employment lost sources of laws, law making process of UK. 6
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
REFRENCES Books and Journals Amini, A and et. al.., 2020. Terms and Conditions of Transfer of Lease Agreement to New Tenant in Iranian Jurisprudence and Law. Ballem, J.B., 2019. Preface to the Third Edition. In The Oil & Gas Lease in Canada (pp. xi-xii). University of Toronto Press. Dow, J., 2019. To Drill or Not to Drill: Does a Lessee Truly Have to Drill a Well to Satisfy the Habendum Clause of an Oil and Gas Lease?. Tex. Tech L. Rev., 52, p.315. Ferreira, A.C. and Costa, M.S., 2019. CJEU issues decision on rural property lease VAT exemption. International Tax Review. Giner, B. and Pardo, F., 2018. The value relevance of operating lease liabilities: Economic effects of IFRS 16. Australian Accounting Review, 28(4), pp.496- 511. Pawlowski, M., 2021. The concurrent lease as a financing tool. Estates Gazette, (2111), pp.54-55. Secrieru, A., 2018. Lease Contract for Real Estate: Its Role and Place in the Circulation of the Republic of Moldova (Civil Law Issues). Studii Juridice Universitare, p.135. Willink, D., 2021. Hope Community Church (Wymondham) v Phelan & Ors: High Court (Chancery Division): Falk J, 22 May 2020 [2020] EWHC 1240 (Ch) Rightofchurchcongregationtoenfranchiselease.EcclesiasticalLaw Journal, 23(2), pp.244-245. Zhang, K and et. al.2017. A Review of the Impact of Marijuana's Legalization on Colorado's Industrial Warehouse Lease Rates: How High is High?. Journal of Real Estate Literature, 25(1), pp.1-29. 7