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

This report discusses the classification of law and legal systems in the UK, civil and criminal law, the role of high and supreme court, case law, legislation making process, delegated legislation, and employment law.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Introduction 2
Part 1: Classifications of Law p-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 system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
law is form by the government which consists of set of rules and regulations for
controlling the actions of the citizen. Law is essential and is present in every country
so that peace can be maintained. This report will discuss about the classification of
law and legal systems in the UK. It will explain civil and criminal law and the role of
high and supreme court. It further shed light on case law, legislation making process
and delegated legislation. It will also discuss employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
law is concerned with legal settings and consists of rules and regulations which is
enforced by the government of the country and controls the actions of their citizens.
Laws are made by the legal authority so that rights of the government can be
protected and also peace in the society can be maintained (Terziev, Petkov and
Dragomir, 2021). Laws are enforced by the people and everybody have to follow the
law regardless of their gender, age, religion etc. if talking about IK then it can be said
that it is the democratic country and having constitutional monarchy. In the monarch
system, they have the power of making rules and systems.
Country is having supreme court which solve the civil and criminal cases which are
related with England, Ireland, Netherlands etc. the law of UK and Wales are quite
similar. UK law is consisting of five divisions which is supreme court, senior court of
England which further involves country court, juvenile, magistrate and family
proceedings. There is special court as well which includes Ecclesiastical court and
Corner court.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
it is the law which protect the rights of the citizen. In language it means dealing with
the attitude or behavior of the individual. If an individual will get hurt or its reputation
got damaged by other person. Than that person is punishable in the eyes of law.
Civil laws cases are usually get filed by the private person and they are oppose by
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the juries. Generally in the civil cases accused are given monetary punishment and
imprisonment is generally ignored in civil law. The party which has claimed on the
other party has to work hard for proving their point. As court give judgment on the
basis of evidence. So that is why the first party have to give evidence to the court, to
prove that the other party is guilty (Berisha and et.al., 2021). Court give punishment
if the allegation has proved right. Evidence is form in the form of affidavit in front of
the judge in the court. Example of civil laws are child custody, defamation, breach of
contract etc.
b) Criminal Law:
this law is concerned with the behavior of the people which can be offensive for the
public, society or for the government. In this law, case is filled by the state
government in against of any party or the individual. In the criminal court the case
has been discussed and the judgment is taken by the jury. The state government
which has fill the case against the accused person has to present evidence so that
accused person can be proved guilty. In this case party who files the case can
present eye witness in the court to prove their point. The punishment which is given
in the criminal law can be their in the form of fines or imprisonment or in the
monetary terms (Carvalho, 2017). In this court criminal is also given right to explain
their point. Prosecution brings legal representative who represents them in the court.
Example of criminal law are sexual assault or any other assault, murder, domestic
violence, fraud, theft etc.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
the high court of the UK is situated in England and is made by consisting of three
divisions of the original jurisdiction and applet. High court most of the time deal with
the civil cases as compared to the criminal cases (Graham and et.al., 2020). High
court which is situated in UK consists of two divisions which is known with the
Chancery division which is handles by the chancellor of the high court. High court
solves the cases which is related with the business disputes, intellectual property
etc. the another division is Queen bench which deals with tort laws cases which are
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related to family disputes, adoption, marriage etc. along with that it also handles
various contract law. The main role of the UK high court to quickly review the judicial
system and they have to apply the law on the citizen so that peace in the nation can
be maintained (Bosworth, Parmar and Vázquez, 2018). In order to maintain peace it
is essential that citizens should be given rights which can safeguard them.
b) Supreme Court:
supreme court is the head of all the court present in UK. This court deals with the
most complex cases. It also contribute in the development of the country. This court
gives judgment on the basis of the already made laws. This court deals with the
special types of cases (Mochizuki, 2019). It also deals with the cases which is
concerned about the general public as they are responsible for the general public
welfare. It is the last stage of the legal system of UK. The decision which is taken by
this court have to be followed by everyone.
Part 2: Source of law
Explanation of Case Law as a source of laws
case laws are the type of law which is based on the judicial decision and is not the
law which is concerned with the regulations, constitutional etc. this law is there for
the unique dispute which is solve in the court on the basis of the presented evidence.
This law get interchanged with the common law (Coenen, 2017). Normally it gathers
the authority and precedent which has already prepared by the previous judicial
which is concerned with the unique topics. It is different from one jurisdiction to the
another as every case separate case have separate judgment. Example case of
wales cannot be solved with the law of London as the state law is different. High
court of every state have different opinion with the same case.
Case laws provides help to the court in making decisions fast if the nature of the
case is similar. The sources which is collected in the case laws are the reported
judgment and publication selects the cases as it can influence the society.
Unreported judgment is considered as the other source that are the decisions which
are published into books and journal. It do not create any changes in the common
law. Case laws denotes that there is requirement of changes in the common laws. It
helps court in the decision-making process.
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Explanation of the process of making Legislation
it is the procedure under which in the parliament bills are presented and as per the
proposal the laws are formed (Allen, Derry and Loveless, 2020). In layman language
it can be said that it is the law making process. At the initial stage bill is presented in
the parliament meeting and bill is presented by the member of house. Bill can be
related to the policies of the government or can be regarding regulations which is
imposed by the government. Bill is divided into two which is private peer bills and
private member bill. In the second stage legislative takes the decisions. The
emergency bill which is passed by the parliament is not comes under the legislation.
If the government of the country has to make any changes in the bill than they also
have to follow certain procedure which means that a bid has to be submitted in the
parliament business. Before passing the bill it travels through various stages which is
the first and second stage and the voting stage.
The meaning and examples of Delegated Legislation
Delegated Legislation means the laws which is not formed directly by the parliament
but is made with the authority of the parliament (Wilkinson, 2017). Subordinate is the
other name of this act. As it is the process in which power is given to the
subordinates. Parliament provide very little power to the government so that they can
maintain law and order in the country. There is various types of Delegated
Legislation authority like determinations, standards, ordinance etc. its major use is in
the case of solving any emergency situations or case (Evans, 2017). This act is
flexible so that is why minor changes can be made in this. It can be related to the
fees of the public etc. example is the emergency power which is utilized by the
ministers which are in the power. It also consists of the decisions which is made by
the central or the state government for maintaining peace in the country.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
there are many duties which employer is abide with. Employers should have provide
safe working place to their employees. As employees cannot work at the unsafe
place. Ensuring Security and safety of the employee is the duty of employer.
Employees who are working at the construction areas should have been provided
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with the first aid facilities because they can get hurt anytime and first facility is the
basic need of the employees at the time of any accident (Smaili and Arroyo, 2019).
Employer should have also make sure that they do maintenance of the plants and
machinery so that employee will not get harm in any manner. Those machinery
which is not properly maintained from long time can cause accident. Employer
should treat their every employee fair and equal. They should not have discriminate
their employees on the basis of their caste, age, gender, religion, color, race etc.
promotion or remunerations should been provided on the basis of the performance of
the employee and not on the basis of favoritism.
Wrongful Dismissal and Unfair Dismissal Actions
Wrongful Dismissal refers to the breach of contract. The other name of Wrongful
Dismissal is the wrongful discharge. It is the condition in which the employment
contract of the employee is terminated by the employer. In this situation termination
of the employee is done by breaching the employment contract terms. Sometimes
employee is forced to give resignation by their employer (Raitio and Raulus 2017). In
this case right of the employee is getting violated. The example of Wrongful
Dismissal is when employer terminate the employee because of his or her caste,
race, gender etc.
Unfair Dismissal Actions means when employee gets terminated by their employer
on the unfair grounds which can be indistinct, harsh etc. it is called as unfair because
employer do not have valid point to terminate their employee. Example if the worker
is not capable to carry their job role because he or she is ill or disable. Employment
contract of the employee is terminated unfairly (Sen, 2018). This has violated rights
of the employee because employee cannot get terminated by any unfair means.
Conclusion
through this report it can be concluded that law is the set rules and regulation which
is imposed by the legal authority. This report has described in detail the legal system
of the UK. Civil law is concerned with the protecting rights of the people. Criminal law
is the high level law which is exercised in the case of domestic violence, assault etc.
high court deals with the cases which is family related but supreme court deals with
special cases. The sentence which is declare by the supreme court is final. This
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report has analyzed case laws. Legislation making process and delegated legislation.
Safe working place is the right of the employee and duty of employer to provide.
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References
Books and Journal
Allen, M., Derry, C. and Loveless, J., 2020. Complete criminal law: text, cases, and
materials. Oxford University Press.
Berisha, E. and et.al., 2021. Spatial governance and planning systems in the public
control of spatial development: a European typology. European planning
studies. 29(1). pp.181-200.
Bosworth, M., Parmar, A. and Vázquez, Y. eds., 2018. Race, criminal justice, and
migration control: Enforcing the boundaries of belonging. Oxford University
Press.
Carvalho, H., 2017. The preventive turn in criminal law. Oxford University Press.
Coenen, D.T., 2017. Freedom of Speech and the Criminal Law. BUL Rev.. 97.
p.1533.
Evans, D.S., 2017. The Emerging High-Court Jurisprudence on the Antitrust
Analysis of Multisided Platforms. Available at SSRN 2948596.
Graham, M. and et.al., 2020. The Fairwork Foundation: Strategies for improving
platform work in a global context. Geoforum. 112. pp.100-103.
Mochizuki, M., 2019. 7. Public Sector Labor and the Privatization Challenge: The
Railway and Telecommunications Unions. In Political Dynamics in
Contemporary Japan (pp. 181-199). Cornell University Press.
Raitio, J. and Raulus, H., 2017. The UK EU referendum and the move towards
Brexit. Maastricht Journal of European and Comparative Law. 24(1). pp.25-
42.
Sen, R., 2018. Articles of faith: religion, secularism, and the Indian Supreme Court.
Oxford University Press.
Smaili, N. and Arroyo, P., 2019. Categorization of whistleblowers using the
whistleblowing triangle. Journal of Business Ethics. 157(1). pp.95-117.
Terziev, V., Petkov, M. and Dragomir, K., 2021. Sources of European Union
law. Available at SSRN 3838631.
Wilkinson, F., 2017. Deregulation, structured labour markets and unemployment.
In Unemployment: Theory, policy and structure (pp. 167-186). De Gruyter.
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