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

This report provides an overview of the legal system for business law in the UK, including classifications of law, sources of law, and the UK law making process. It covers topics such as civil and criminal law, case law, legislation, and delegated legislation. It also discusses employment law, including statutory duties of employers and wrongful and unfair dismissal actions.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Table of 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
a) Civil Law: ...........................................................................................................................3
b) Criminal Law: .................................................................................................................3
Explanation of the role of the following Courts in the English Legal system........................3
High Court:.............................................................................................................................3
Supreme Court: .....................................................................................................................3
Part 2: Source of law..................................................................................................................3
Explanation of Case Law as a source of laws ...................................................................3
Explanation of the process of making Legislation.................................................................3
The meaning and examples of Delegated Legislation...........................................................3
Part 3: UK law making process: Employment Law ....................................................................3
Statutory Duties of Employers to their employees ............................................................3
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................3
Conclusion..................................................................................................................................3
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Introduction
In UK their implies to have the common law system and it is managed by the
combination of different methods and the legislative management and working. All the law
making is generally being done through the royal assent of the monarch and also through the
judges made laws. In order to maintain the peace and the general compliance in the society
there is analyses that protection can only be done through the implementation of the rules and
the regulations and the working nature. It implies that all the law is superiors command
through which the management and the nature of working and the adherence can be assumed.
Law helps in preventing all the harms from the society and create the positive approach for
all (Albanesi, 2021). In this report their will be provided the identification of legal system
with the roles of courts, their will also be explained the meaning of the legislation and the
common law. Further it will cover the statutory obligation which are applied in the
employment act.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is the act of the parliament through which all the regulations and the compliance
of rules are being administered. Law can be termed as the regulations and the principles
through which the form of policies and their general management of recognition is attained. It
is the collection of rules through which the positive rules and the constitutionality can be
managed. This manages the conditions through which the society can frame the structure and
can also manage the systematic rule in which all the alignment on the rules can be maintained
( Monaghan, and Monaghan, 2018). Law commands all the individuals to make the work to
be done in a systematic manner and there is also be seen that in all such cases where the rules
and regulations are given and altered by the supreme authority which can be the parliament or
the other government bodies that is incorporated as under. In UK there is been seen that two
important houses are being taken in order they are like the House of Commons and the House
of Lords and both helps in managing and implementing the rules for the work. The commons
on the other hand is the judges made laws. All these helps in forming the laws in society.
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Explanation with examples the following as means of classification of laws in the English
Legal system
a) Civil Law:
All such cases in which the parties generally manages all the work through which the
rights for the property and the management is being adhered. Their involves all the issues
which are in context to the property or the damage of the rights of the person against the
property. Civil law helps in managing the disputes between all the organisations and the
individuals and there is idealised that the main elements through which there work can
effectively being managed and administered are encountered in it. All the standard of proof in
the civil cases are generally on the balance of probabilities. Some of the major offences
which are covered in the civil law are like the employment tribunals, breach in the contract,
personal harm or injury, negligence etc. some of the important courts which deals with the
civil cases are like the county court, high court, supreme court and other family courts. It
helps in framing and managing the law and order for the public(Owusu-Dapaa, 2021)
(David, 2018).
b) Criminal Law:
All the issues which affect the society in negative manner and the conditions in which
the society is generally affected negatively is outlined under it. This is generally the breach of
the conduct which is being made in order to maintain all the positive approach in the society.
Criminal law helps in providing all the general adherence and the legal nature through which
the work can be maintained. Their main aim is to remove all kind of breach from the society
and there is managed all the criminal prosecution through which the criminal varies functions
and the adaptability can be maintained(Dabbicco, and Mattei 2021). The major standard of
proof in all the criminal cases lies on the reasonable doubt on the person and the main aim is
to remove any kind of crime that can affect the life and the liberty of the individual. Some of
the courts which deals with all the criminal offenses are like the Divisional bench, Queens
bench, high court, supreme court and many more. The major example of all such offenses are
like the assault, murder, manslaughter, sexual offenses and many more.
Explanation of the role of the following Courts in the English Legal system
High Court:
It is the Her majesty court in England which is the second highest appellate court. It
involves all the general nature of working in which the appeals with all the civil and the
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criminal matters are covered. The High court is situated in London and there is been seen that
it works for the management and the general nature and principles of working in the justice.
High court enforce and maintain all the law and order in the society and it manages all the
working with further adjudication. Their is generally several division which are being made
in the court they are like the family division, queens bench, divisional court, juvenile and all
other are being covered under it. The appeals of all the lower courts are being granted under
this and the individual who are not being satisfied by the judgement of the High court can
raise the final appeal in supreme court (Schnell, and Clayton, 2021).
Supreme Court:
It is the final court in which all the judgments for the final hearing and the appeals are
being raised. Their involves the nature and the working through which the justice is given
through the managing of public importance and safety. It implies that supreme court manages
the law and orders and all the judgments made by them will be final and create a binding
impact on all. The common law and the judicial precedents are being made under it. And all
the law reports are made through their judgments no appeals can be raised on the division of
the supreme court (Querton, 2019).
Part 2: Source of law
Explanation of Case Law as a source of laws
It is the common law through which all the legal rules and the regulations are being
made. This is the most important aspect in UK. As most of the laws are being made through
it. Their is been seen that when the judges use to provide any of the judgment that is verdict
on the basis of the material facts, laws, evidences that are being taken and the arguments
heard. Then the court usually hear and give the decision according to the safety and the
compliance p0f public importance for the society. All those judgments which creates a public
safety, morality, peace will their by be known as the important law which will be applied on
all the subordinate and the lower court. These are written under the law reports and the
transcripts through which the legality is managed, it is known as the judicial precedents or
doctrine of stare decisive.
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Explanation of the process of making Legislation
Legislation are all the law making authorities which helps in making the legal terms
and the laws for the society. In UK the major source of legislation is the statutory law where
the House of commons and the House of Lords make the laws by the introduction of bill
through both the houses. Their is been seen that Bill which is been made will cover the
matters for the public importance and it will be transferred through different stages they
requires the necessary amendments and the loopholes are covered. The voting is generally
being made in between them through which all the nature and the principles are abided and
managed. Once the bill get the assent of the monarch it will become an Act and be applied on
all (Miller, and et. al., 2021).
The meaning and examples of Delegated Legislation
This is mainly the subordinate legislation which helps in maintain the law and order in
the society. As when there is seen that the law making power is transferred to nay other
authority or the government bodies that will be amounted to the delegation. This is mainly the
implementation of all the laws and the legal channels through which the works and their
compliance is considered. All such powers are given to the experts which have the
knowledge about the laws. And their will be seen that in such abrupt-ion and managing
functions rules and the delegation will frame the laws with general nature. Some of the
example of the delegated legislation are like the by-laws, orders, rules and many more. This
saves the time and also further helps to take the decision for the public safety
(Mirmohammad Sadeghi, and et. al., 2018).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
In Employment act 1996, there is been given various rights for managing the law and
order they are like:
 Employers should always manage the law and the records in the copany of all the
employees being working over their. Their is been seen that all the authentic details
should be managed.
 Leaves and the other maternity, paternity benefits should be given on timely basis to
all the member or the employees working.
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 Their the training and development session should be provided by the employers to
the employees in the company.
 Their is needed to be managed and given the health and hygiene facilities in all the
working areas for the employees.
 No discrimination is needed to be made with the employees on the basis of sex, race,
color, caste and many more.
Wrongful Dismissal and Unfair Dismissal Actions
This is generally the dismissal which is not done in the legal manner. Here the
wrongful dismissal are all the termination of the employees from the company or the
organization without serving the proper notice and this manages and make the employees to
be loss of the work. As in the employment act 1996 it is important to give all the details and
the notice to served before terminating any employees and if that is not made then it will be
amounted to wrongful dismissal. In all such cases the compensation is the adequate relief
which can be taken from the court for the protection and the damages that are suffered by the
parties. (Yidana, 2021).
Unfair dismissal is the statutory rights which are given to the employees who are been
dismissed in an unfair manner or with reasonableness means by the employers. All those
employees who were working in the company from 2 years time period will qualify for the
rights available in it. This can be granted as for the employees on removing them unfairly like
on flexible working hours, maternity leaves, health and safety etc. The actions can be taken
against this is within the 3 months and they can go to the employment tribunal and ask for the
damages.
Conclusion
From this report this is summaries that law in UK is comprised from the statutory and
the common law terms and all the rules are being made under it through all such means.
Legislation is the important part which manages the law making and is implement the
authority to maintain the work in proper manner by enactment of bill. Their is seen that the
high court are the second highest court of appeals and deals with all the matters in it through
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general terms. Further the above summary also provides that the unfair dismissal can be
claimed within 3 months time period and the employees can go to the court and ask for the
compensation for all such cases.
References
Miller, C., and et. al., 2021. Embedding changes in legislation for organ and tissue donation
across England and Jersey. British Journal of Nursing, 30(5), pp.310-312.
Schnell, A. and Clayton, N., 2021. Spineless legislation.
Albanesi, E., 2021. Models of parliamentary scrutiny of the quality of legislation. How
different drafting models and forms.
Monaghan, C. and Monaghan, N. eds., 2018. Financial Crime and Corporate Misconduct: A
Critical Evaluation of Fraud Legislation. Routledge.
David, K., 2018. Criminal fraud legislation since 2006. In Financial Crime and Corporate
Misconduct (pp. 93-102). Routledge.
Owusu-Dapaa, E., 2021. A Ghanaian perspective. The Routledge Handbook of African Law.
Dabbicco, G. and Mattei, G., 2021. The reconciliation of budgeting with financial reporting:
A comparative study of Italy and the UK. Public Money & Management, 41(2),
pp.127-137.
Querton, C., 2019. The Impact of Brexit on Gender and Asylum Law in the UK. In Gender
and Queer Perspectives on Brexit (pp. 209-238). Palgrave Macmillan, Cham.
Mirmohammad Sadeghi, H., and et. al., 2018. The Role of Established Concepts of Civil
Law in Explanation of Property Offences in Iran and UK Legal System. Journal of
Comparative Law, 5(1), pp.25-46.
Yidana, N., 2021. Sale in the Ordinary Course of Business Under Ghana Law: Recent
Developments and Lessons from the UK. Business Law Review, 42(3).
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