Legal System for Business: Classifications of Law, Source of Law, and UK Law Making Process
Verified
Added on 2023/06/10
|9
|2263
|230
AI Summary
This report discusses the UK legal system, classifications of law, source of law, and the UK law making process. It also covers employment law and the statutory duties of employers to their employees.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
BSc (Hons) Business Management BMP4002Business Law Assessment 1 Legal System for Business Law Submitted by: Name: ID: 1
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Contents Introduction2 Part 1: Classifications of Law 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 system4-5 a) Civil Law4 b) Criminal Law5 Explanation of the role of the following Courts in the English Legal system5-6 a)High Court5 b)Supreme Court5 Part 2: Source of law6-7 Explanation of Case Law as a source of laws6 Explanation of the process of making Legislation6 The meaning and examples of Delegated Legislation7 Part 3:UK law making process:Employment Law7-8 Statutory Duties of Employers to their employees8 Wrongful Dismissal and Unfair Dismissal Actions Conclusion8 2
3
Introduction Law and order are required to maintain effective governance in the country. As aresult,theneedforlegislationarose.Thelegislatureisthebodywhoseprimary responsibility it is to create effective laws for the country. Citizens and the government must abide by the laws enacted by the legislature. Everyone is equal in the eyes of the law, according to English law. Furthermore, the laws can be amended by the country's legislature. All of the basic legal laws of the United Kingdom are discussed in this report (Butler, 2021). This report also explains how the UK legal system works. It also discusses the differences between civil and criminal law in the United Kingdom. It also goes into detail about how the UK courts work. It clarifies the powers and duties of the country's civil and criminal courts. The final section of this report goes over the country's labour laws in greater detail. This also explains that any aggrieved party in the case can go to court to seek justice. It discusses the rights and responsibilities of the company's employees and employers. Part 1: Classifications of Law Define laws and identify the respective legal systems in the UK The word legislation is governed by the rules that residents and governmental agencies of the state must follow. Everyone who lives in the country is required to follow the laws that apply to them. If someone does not follow the rules, there are penalties and fines as outlined in the country's laws. The primary laws are the laws created by legislation. This is because these laws apply to all citizens of the country, regardless of caste, gender, or economic status. The legislature must take special care when drafting and enforcing laws to ensure that individual rights are not harmed. There are numerous uncodified laws in the UnitedKingdom.Thisisbecausetheyareonlypartlyauthoredbythehouseof representatives (Estlund, 2020). It is necessary to write them completely in order to convert them into a codified form. Furthermore, there are two types of laws in the country: common 4
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
rules and statutory laws. The common laws are those who have resulted from choices taken in the country's courts. Common laws are also referred to as judicial precedents. Judicial precedents are rulings and judgments over a case issued by the nation's supreme and high courts. Furthermore, statutory laws are those enacted by the legislature through the legislative process. The law is developed in this manner by following a prescribed procedure in the country's parliament. The parliament must pass laws which are just and fair to the nation's population. The rights must be structured in such a way that they do not violate the fundamental rights of the country's citizens. Explanation with examples the following as means of classification of laws in the English Legal system a) Civil Law:Civil laws seem to be those that do not pertain to crime. It encompasses civil matters such as land and building, divorce, tortand so on. The settlement to the aggrieved parties is provided for by civil law. The contract's parties can be two individuals or two legal entities. It can be one person and one legal entity. It includes issues regarding the plaintiff party's privileges and breach of the duty. Civil laws also include employment, contract, and other related laws. High courts, county courts, tribunals, and so on are some of the courts and tribunals that deal with civil cases. The Supreme Court, as the highest court in the country, can hear all types of cases, and for both civil as wecriminal cases. The plaintiff is the party who has suffered a loss. The plaintiff files a complaint in the appropriate court regarding such grievance. The appellant is the person or entity who is responsible for the plaintiff's team losing. In a court of law, the defendant must prove its innocence (Freedl and, 2020). The court generally grants the aggrieved party specific performance, injunction, or financial compensation to restore it to its actual position prior to the loss. b) Criminal Law:The criminal law primarily deals with criminal matters. It specifies the penalties and punishments for crimes committed by the defendant. The burden of proof is on the accused to prove his or her naiveté in a criminal court. Criminal law addresses the crime as a whole, rather than a single person or group. This is because crime affects the entire society rather than an individual or a crime organization. The state's primary goal in developing criminal law is to reduce crime in society. It also ensures that the country's rule of law are upheld by punishing offenders who commit heinous acts.The person who commits the crime is referred to as the criminal or offender in that particular case. Rape, murder, assault, thievery, robbery, and other crimes are defined by criminal law. The Supreme Court, 5
High Court, divisional courts, and some specific courts as prescribed by law are the courts that deal with criminal cases (Graw, et.al., 2019). Explanation of the role of the following Courts in the English Legal system a)High Court:Her Grandness Court of England is another name for the High Court. This is the state's second level of court. The court is critical in delivering justice to the innocent party in a case. In the hierarchy, the high court is just below the supreme court. The decisions of the country's higher courts are binding on the lower courts. Every district and session court in the country is required to follow the decisions of the country's high courts and Supreme Court. The high court hears the most important cases, which primarily concern the parties' rights and duties.It also addresses issues in which subordinate courts have failed to provide justice. In addition, matters involving monetary limits are heard in the high court. Any judgement relating to this can be appealed to the country's Supreme Court (James and Thomas, 2020). b)Supreme Court:The Supreme Court is also known as the country's highest court. It is the country's highest court. It is in charge of delivering justice to the country. In general, it renders decisions of national and public importance. These issues have an impact on the present and future of society because they shape it in a certain way. All appeals from the country's lower courts can be heard by the Supreme Court. There are also cases filed in the country's highest court that call the constitution into question (Mangan, 2020). Part 2: Source of law Explanation of Case Law as a source of laws The main source of the country's common law is the decisions of the high court or the supreme court. Judicial precedents are case laws that are issued by courts when they render a decision in a case. Subordinate courts are required to follow prosecutorial binding precedent. The exception to following judicial precedent is that the subordinate court must only obey judicial precedents if the statistics and time of the particular instance are the same in the expected to deal case of the lower court (Miller, 2021).It is founded on the presumption of 6
judicial precedent, which asserts that when delivering a judgement on a similar matter in a case, the lower courts must consider the judgments of the higher courts. Explanation of the process of making Legislation In the United Kingdom, legislation is a primary source of law. The legislative process is extremely complex. To create a just and accurate law for the country, the legislature requires a number of skilled and specialised individuals. There are several stages to the legislative process. The House of Lords and the House of People are the two legislative houses in the United Kingdom (Scott-Patel, 2019). The House of Lords is the upper house of parliament, and the House of Commons is the lower house. The first stage is when a member ofparliamentintroducesthedraught.Thesecondstepbeginswhenthemembersof parliament begin debating such a draught. In this step, the member discusses the draught, and the associate of parliament discovers the title and body of the draught. The third and final step is when the draught receives Royal Assent. The royal assent makes the draught law. Finally, once such royal assent is granted to the draught, it becomes relevant to the subject of the country. The meaning and examples of Delegated Legislation When the higher authority delegated power to the lower authority, this is referred to as representative legislation. Such authority is delegated by the higher authority in order to carry out the laws of the country. The primary goal of delegation is to reduce the burden of high control. Part 3:UK law making process:Employment Law Statutory Duties of Employers to their employees According to the Employment Act of 1996, the employer has several responsibilities to its employees. The following are some of the responsibilities of employers:- Employees should receive appropriate training. The salary must be paid in accordance with the country's National Minimum Wage Act. 7
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Employees must not be discriminated against because of their caste, religion, grace, or any other factor. The company should provide a safe and healthy work environment for the employees. Wrongful Dismissal and Unfair Dismissal Actions When a leader dismisses a worker without giving the employee adequate notice, this is referred to as wrong dismissal. Unfair dismissal occurs when an employee is fired by his or her employer for no legitimate and just reason. In both cases, the employee has the right to sue the employer for reinstatement. The employee can go to court to assert his or her legal rights under the country's labour laws (Wevers, 2021). Conclusion From the above report, it has been concluded thatthe legislature, employment laws, and delegation of powers are all necessary. Employment laws are in place to protect employees. The delegation of authority relieves the higher authority of the additional burden. Furthermore, the employer is required to fulfil its obligations to its employees in accordance with the country's labour laws. REFERENCE Butler, S., 2021. Uber drivers entitled to workers’ rights, UK supreme court rules.The Guardian,19. Estlund, C., 2020. Individual employee rights at work. InComparative employment relations in the global economy(pp. 191-214). Routledge. Freedland, M., 2020. Employment Law Revisited.Dalhousie LJ,43, p.515. Graw, S., et.al., 2019.Understanding business law. LexisNexis Butterworths. James, N. and Thomas, T., 2020.Business law. John Wiley & Sons. Mangan, D., 2020. Freedom and Dignity in the UK workplace.Italian Labour Law e- Journal,13(2), pp.35-49. Miller, R.L., 2021.Business Law Today, the Essentials: Text and Summarized Cases. Cengage learning. Scott-Patel, K., 2019. UK Employment Law-A Good Plan for Workers?.Int'l. In-House Counsel J.,12, p.1. Wevers, H., 2021.A Basic Guide to International Business Law. Routledge. 8