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

This report covers the classification of law and court structure in the UK, including civil and criminal law, the role of the High Court and Supreme Court, case law as a source of laws, the process of making legislation, and statutory duties of employers to their employees. It also discusses wrongful dismissal and unfair dismissal actions.

BSc (Hons) 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
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 3-5
a) Civil Law 3
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 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 6
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 8
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Introduction
The term business law is a consolidation of all laws which are required to start and run the
business. Its having rules which need to follow for doing business. It contains state and
federal laws along with administrative regulations. UK legal system is governed by
constitutional monarchy where head of nation is either queen or king. The right, duties,
power, privilege, and function are governed by convention. As common law system prevail in
the country which is combination of legislation and judicial precedents. The execution of law
done by courts its structure are as follow: Supreme court it is a highest court of nation it deals
with the appeal regarding civil and criminal cases of UK. In criminal division appeal came
from the crown court while in the civil cases, appeal came from the tribunals, high court as
well as many other courts of the country. In high court further divided into many divisions
which includes queen's bench, family division, administrative court, divisional court and
lastly the chancery division (Barnard 2017). These court deals with two type of laws civil as
well as criminal law. This report cover the classification of law and court structure in UK.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
It comprises of rules and regulations that are laid down by authorities of nation to control
behavior. It is different from scientific law it is determine and announce by human being and
which can be change later by human intervention. Law came from two ways primary source
which cover enactments and case laws while secondary source covers textbook, opinion of
legal personalities and decision of courts. In UK common law prevails which is combination
of judge made law, customs and precedents which is originate from legal reform of king
Henry II in 12th century. It include both substantive and procedural rules (Freedland and
Dhorajiwala 2019).
Explanation with examples the following as means of classification of laws
in the English Legal system
a) Civil Law:
It is a law which deals with dispute regarding individuals and associations in this damages is
a main remedy and it is filed by private parties. It is like secular law which is other than
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ecclesiastical and religious law. It is a code of laws alike from common law which is based
on judicial precedents. There are different types of civil law which are as follow:
The law of contract- it relates to the constitution and interpretation of express and implied
agreements between organization or individuals. A Disputes regarding contracts deals with
whether there is a formation of contract or not. In which situation it consider as breach of
contract and what remedies are available for it.
Tort – It is a civil wrong which is a not a breach of contract and breach of trust. It derive from
Latin word tor-tum which means to twist. To established a claim under a tort the claimant
has to prove that the defendant having a ‘duty of care’ and he breach it. Tort are classify into
negligence, nuisance, trespass, defamation, battery, assault etc. Sometimes damages comes
under both contract and tort to make claim under tort there is no need of contract between
parties it can be establish by breach of duty.
Company law relates to the making and governing of company which have separate legal
identity its having members and director which run the company. It cover the matters related
to insolvency, winding up and merger and acquisition of the company.
Revenue law deal with the taxes and duties imposed on individuals or association of people
by the government. Like income tax, wealth tax, capital gain tax, value added tax, inheritance
tax etc.
Intellectual property law deals with the rights and duties regarding copyright, trademark,
patent, geographical indication, design etc.
Media law deals with dispute regarding matter published by individual or organization.
Information law states about liberty of information while communication law deals with
social networking sites.
Family law deals with matter regarding marriage, divorce custody of child etc. like Cases
regarding medical treatment of children due to tender age they unable to give consent .in the
same way cases regarding lack of capacity among adults are deal by the Court of Protection
and also deals with administrative issues (Hope et.al 2015).
b) Criminal Law:
It is different from the civil law and is not related to the commercial dispute. It is a set of
principles made to bring the culprit to justice by just trial by acquittal and conviction. Now a
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days the concept of rehabilitation introduce in criminal system. It relates to several steps like
police investigation, trial by courts,and punishments. In UK criminal law principle of beyond
reasonable doubt apply in criminal courts. It is based on two elements which includes mens
rea that is meant as guilty mind and secondly the actus reus which is meant as guilty act. To
constitute any act as criminal these two elements are required and it can be recognized by
dishonestly, intentionally, fraudulently, malice etc. crown prosecution services is an
important authority to prosecute the cases brought by police. It is headed by directorate of
public prosecution. The police officers derive their power to prevent crime from the Police
and criminal Evidence Act 1984 and code of practice of England.
Explanation of the role of the following Courts in the English Legal system
a) High Court:
It is a 3rd uppermost court basically deal with civil matters and its pleas of decision laid
down by lower judiciary. It is based on Royal Court of justice having district registries in
whole England and the Wales wherein the proceedings of high court are issued as well as
heard. It consist of single judge but in matters of criminal appeal, judicial review divisional
bench will heard the matters. In matters of defamation, false imprisonment, fraud, malicious
prosecution jury decide the matter. It have three division Queen's Bench which deal matter
related to contract and tort and criminal matters of crown court (Marson and Ferris 2018).
Chancery court headed by chancellor of high court which deals with civil work of companies,
patent and contentious probate. Family division it deals with matter relating to children and
its custody, and also matter of divorce, probate and medical treatment.
b) Supreme Court:
supreme court is an apex court of united kingdom it plays an vital role in development of UK.
In 2009 it replace the house of lords as a last appeal court in civil cases as well as criminal
cases in UK. The judge of the supreme court are called as president and deputy president. It
cannot hear the appeal unless official order not made by lower judiciary. Supreme court hear
the matter on question of law of general importance, case related to greatest public and
constitutional importance. It hear the appeal of court of appeal of the civil, criminal division
and at some extent the cases of the high court.
Part 2: Source of law
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Explanation of Case Law as a source of laws
As there is no codified law in England so, the functioning of courts depends on judicial
precedent or case law. It is a primary source of law which is came from judgments of courts
in UK legal system through reported various in law reports. At the time of referring the case
law it is consider in mind that it should be latest and authentic one. The production of
accurate law reports laying out the facts, issues, and decisions, as well as the legal principles
on which the judgement is based, is important to the development of the law. The concept of
judicial precedents is a distinctive feature of English law, in which decided cases of the courts
serve as a binding source of law for future decisions. The rulings of higher courts, not lesser
courts, bind a judge.
Explanation the process of making legislation
In UK two types of law are there codified and uncodified. Codified laws made by legislation
which extend to the whole of the UK. Parliament is legislative body having the authority to
make law (Mayer 2018). Such enactment is superior sources of law and may not be
challenged in court. Bill introduce in in parliament and start debate on it after that approved
by houses of parliament and send for assent once received assent it become law which is
called as Act.
The meaning and examples of Delegated Legislation
It means a law that is made by person or association of person having the authority to make
law authorized by parliament. Like an act made by parliament are consider as outline of law
to fulfill the gaps for that delegated legislation made it contain the administrative details.
Example of delegated legislation are: rules, regulations, by-laws, ordinance etc.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
There are several duties of the employer toward employee are as follow: making a policy
relating to the health and safety of employee at workplace. Provide a secure and healthy
working surroundings to his employees and secure others who are suffered by the work.
Ensure a sufficient and relevant information, direction, grooming and supervision to his
employees (Pattaro and Roversi 2016). Maintain safety and health standards and operation.
Hire responsible personnel to guarantee that the safety and health policy is wholly executed,
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and the safety and health standards, manual and procedures are rigorously determined and
followed. Ensure sufficient and proper personal protective instrumentation to his employee.
Duty of employer to grant leave in case of emergency. Duty to follow the rules regarding
minimum working hours.
Wrongful Dismissal and Unfair Dismissal Actions
It refers to averment for a breach of an employment contract. It is different from unfair
dismissal. The ordinary ground of breach is employer dismissed the employee without any
notice or with a notice which is less than the minimum prescribed period mention in
enactment or in the contract. Prior notice of termination needed, as mention in the
employment contract but it should not be less than a week for every year of service, with a
minimal of one week and a maximal of 12 weeks (Taylor and Emir 2015). It is called as
statutory minimum notice period. For suing on wrongful dismissal employee should prove
that he is dismissed in breach of employment contract not fulfill the statutory criteria of
notice and due to which employee suffered from loss. Unfair dismissal action means when
employer terminate the employee without any justified grounds by using wrong procedure.
There may be various reasons of unfair dismissal such as lack of capability, abusive
behavior ,redundancy, breach of law, any several other reasons like not working with
particular co-worker.
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Conclusion
This report conclude that law is a set of rules and regulations which is made by government
for governing its people. Further it divided into two parts civil and criminal law. Civil law
basically state about damages in this there are private parties. It govern by the principle of
preponderance where as in criminal law guilt of accuse prove beyond reasonable doubt. After
it in this report state about structure of courts in this special focus is on high court and
supreme court. High court divided into into three parts Queens's division it deals with contract
and tort matters, chancery court deals with civil work of company and family court deals with
custody of child, divorce etc. issues. It also describe about supreme court which is a apex
court of nation. Then it discuss about how legislation made and what is delegated legislation.
At last it deals with duties of employer toward employee which state about in conditions
when he will not exploited. And employee can not dismiss without giving notice and fair
reasons.
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References
Barnard, C., 2017. Brexit and Employment law.
Freedland, M. and Dhorajiwala, H., 2019. UK response to new trade Union strategies for new
forms of employment. European Labour Law Journal, 10(3), pp.281-290..
Hope, S., Pearce, A., Whitehead, M. and Law, C., 2015. Parental employment during early
childhood and overweight at 7-years: findings from the UK Millennium Cohort
Study. BMC obesity, 2(1), pp.1-Teague, P. and Donaghey, J., 2018. Brexit: EU
social policy and the UK employment model. Industrial Relations Journal, 49(5-6),
pp.512-533.
Marson, J. and Ferris, K., 2018. Business law. Oxford University Press.
Mayer, C., 2018. Prosperity: Better business makes the greater good. Oxford University
Press.
Pattaro, E. and Roversi, C., 2016. A Treatise of Legal Philosophy and General Jurisprudence:
Volume 1 Legal Philosophy in the Twentieth Century: The Civil Law World, Tome
1: Language Areas, Tome 2: Main Orientations and Topics. Springer Netherlands.
Taylor, S. and Emir, A., 2015. Employment law: an introduction. Oxford University Press,
USA.
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