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

This report covers the classification of law, sources of law, and UK law making process for employment law. It also discusses the statutory duties of employers to their employees and wrongful and unfair dismissal actions.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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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..................................................................................................................................4
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Introduction
In changing societal culture and norms the most important role is being played by the
legal system in every country. It helps out to maintain the peace and prosperity and this also
develops the positivity in the environment. In UK their introduced the constitutional
monarchy through which they manage the powers, functions and the applicable duties with
which the individuals can apply and manage the reasonable nature of trust. Their implied the
common law system in which all the compliance are being made by statutory and case laws.
For all the systematic working of the organisation there is also reframed the business law that
adapts all the mercantile laws and the commercial adaptability with which the law making
and the management can be structured(Schiavone, and et.al., 2022). This report will; cover
the classification of law with all the various sources in which criminal and civil law are
applied. Further it will also provide the employment law with statutory obligations.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
In UK all the monarch system and the compliance of conventions, treaties and the
laws are applied as the legal system in UK. Their is being provided the commands and the
authorities for all the supreme person and individuals with which the effective management
and the protection of the society is managed. In England and Wales there is applied then
legislation which is passed through all the creation of the precedents and the case laws and
the other applicability of law are managed by the bill enactment by both the houses. Which
are House of commons as this is the well known lower house in the parliament that make
laws and also checks the scrutiny of work by the government and also cover the issues and
the debates and house of Lords which is the second important chamber manages all the
complements of working like shaping the law, challenging and checking all work which is
drawn by the government(Strebel, 2018). As the constitution of UK is not fully written and
there is no proper codification so all such implementation of laws are being applied by the
parliamentary powers and certain action that are taken. It also provides the privates and the
public law with which they eventually maintain the general conveyance and also the
constitutionalism to protect the 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 issues and the disputes which arise in organization and individuals or the
conflicts that are accrued through property related matters are converted under it. In all such
laws the burden of proof lies on the plaintiff with the balance of probabilities. Some of the
major cases that are been seen in the civil matters are like the personal injury, divorce
proceedings, breach in agreements and other infringements which occur in the law. The
punishments which are been given in it are like damages, disposition of property,
compensation as the adequate relief and many more. All the cases in the civil law are filed by
the private party. And the court which deals with all such are county court. Family court,
administration, high court and supreme court(Puscasu, 2021).
b) Criminal Law:
This comprise with the body of law which manages all the crimes and the issues
through which punishments can be undertaken and the protection of the individuals rights,
liberty and safety. This frames to have the legal punishments with which all the criminal
offenses are covered. The burden of proof in all such are on the defendant or the state. The
cases which deals with the criminal matters and the law are like robbery, assault,
trafficking,murder and many more. The punishments which are being given in the criminal
law are dealt penalty, imprisonment, and both. All the appeals in these cases can be raised to
the further higher courts as the dealing of all such issues are being managed by the Queens
bench, high court, supreme court and so on(Wood, 2019).
Explanation of the role of the following Courts in the English Legal
system
High Court:
This court is majorly being comprised of court system in London. As high court is
divided in appellate and also in original jurisdiction with compliance of the three divisions
that are encompassed in all the criminal and the civil matters. Their is been provided certain
divisions which are namely chancery that are comprised and managed on the High court that
deals with all the disputes in relation to property and other intellectual claims. In alliance with
this there is given the Queens bench that are been altered and presides over president in order
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to manage the hearing for all the tort, contract and general cases in relation to libel and
slander. High court manages both administration with law and equity. This implicates to
maintain the specific work with divisions. This is the second senior court in England all the
appeals of this court will be moved to the supreme court. And this court apply all the ranking
and the further management through crown court(Zahed, Shahandashti and Najafi, 2018) .
Supreme Court:
This court is introduced through the constitutional reform 2005 which manage to
maintain the court in UK. This is the highest appellate court form the house of parliament in
which they maintain and involve all such decision making through which the public
importance and morality is being addressed. Their complied to provide all the effective nature
and function with which the adherence of 12 senior most judges are being made. All the
appeals through which the civil cases and the criminal appellate areas are managed will be
through legislation and the subsequent enactments. Their is been seen that in order to
maintain the judicial precedents there is given SC hear both the parties with which they gain
the necessary judgement by collecting the evidence and the material facts. And all the
decision in and final judgement will be binding(Mellow, Walsh and Tevlin, 2018).
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law are the mired areas and tradition with local areas and customs through which
the court manage and issue societal principals with the guidelines with the general rulings and
the uniform system is made. This is the important source of law in which all the facts for the
particular case is being given then it manages and hear all the evidence and the ruling for the
effective areas and functions. Their is been analyzed that case laws are binding and when the
judgments is being raised in order to protect the society and the culture are comprised in it.
All such judges implies to have the applicability and the passing of the law through which the
management of the laws are being framed. Their is been seen that court frame the doctrine of
stare decisive with which all the judgment will be of binding nature and this will eventually
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manage the strict laws and abidance. This comprise of statue, regulation and the constitutions
with which all the concern disputes are being resolved.
Explanation of the process of making Legislation
It is the statue which are being passed by the higher authorities in order to manage and
frame all the laws and the opinion s that are required to be regulated to maintain the
judgment. Their is been seen that in all such areas where state and the country is focusing to
imp0lement certain strategies with which the compliance of the law making can be managed.
Legislation is superior authority that helps so implicitly manage all the law making in the
country through house of commons and ghosdyue of lords. Their is being raised that in order
to make the by-laws and the regulations there is been given imposed that house of commons
and lords are involves ion law making by different reading process where they mandates to
make the introduction of the bill and also the loopholes, changes and the further amendments
are drawn and undertaken. Their is also complied to have certain areas and elements with
which the voting in the bill is made and the final stage will provide the royal assent of the
monarch in which they will apply and frame the law on all the individuals(Bussey, 2018).
The meaning and examples of Delegated Legislation
This is conferring the powers to the another person in order to act on behalf of
another. This is generally all the enactment through which the act of parliament with the
ministers of government and their percolated agency is applied. All such delegated legislation
is applied when their is observed that legislature is having so much of work or there is
requirement of technical knowledge in all the modern legislature. Their is also provided the
complexities and the framing contingencies with which the law making can be re framed.
Thus there is been given that the scrutinize areas and the delegate areas with which the
further legislation is imposed will be covered under it. This maintain all the necessary areas
and the changes to be opted and applied. For instance, ordinance, By-laws, regulations are
some of the main example of delegated legislation.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment act 1996 is given by government for the general safety with which they
manage the effective principles and the rights. In order to manage the compliance there are
provided some of the statutory rights are being given as follows:
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 All the wages are required to be given to the employees according to the national
minimum wages act.
 Their is needed to be given the clean and safe environment in all the wpokrt place
premises with all the protective c;clothing, first aid and other drinker facilitates.
 Their is needed to be given the certain amount of holiday and paid leave to the
employees.
 A dismissal notice is given to the employees with which they maintain all the
termination notice period in which all the work and the effective nature of systematic
working is applied.
Wrongful Dismissal and Unfair Dismissal Actions
The wrongful dismissal is mainly the breach of the employees contract with which all
the claims that are being laid down in the company are not being framed. In all such areas
where the breach of terms and condition's that are implied kin the notice is made will be
covered in it. As termination of the employees is a specific task and are for fixed tenure.
Employees will have the right to redundancy procedure with all the contractual disciplinary
(Berkmann, 2019).
The unfair dismissal is on the other hand will be statutory right given in the
employment law 1996. it provides all such unfair means and practices with which the
compliance and the issues in relation to the effective management of the person is made. this
is been seen for all such employees who are being working in the company from 2 years and
are dismissed due to unsatisfactory reasons. The employees in all such areas will have the
right to go to the court and ask for the compensation and the rewards for the removal.
Conclusion
From this above summary it is been summaries that law is the most important part of
the society which helps in managing the essential principles and it provides protection to the
society and also contemplates to manage the liberty and equality to all the citizens. UK have
unwritten constitutions in which the common law system provides the rules and the effective
law making with which the non codified applicability can be framed. Civil law manages
protection of the rights and the property. Whereas the supreme court is the high court which
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hear the final judgment. Further it can also be seen that employment law manages all the
statutory obligation and the management of rights given by the employees in which they
attain the health and safety compliance and also the training facilities.
References
Berkmann, B.J., 2019. Christian law: The sources. In Routledge Handbook of Religious Laws
(pp. 108-121). Routledge.
Bussey, B.W., 2018. Law Matters but Politics Matter More: The Supreme Court of Canada
and Trinity Western University. Oxford Journal of Law and Religion, 7(3), pp.559-
568.
Mellow, M.A., Walsh, S.T. and Tevlin, T.R., 2018. Supreme Court Strikes Another Blow to
Litigation Tourism in Bristol-Myers Squibb. Def. Counsel J., 85, p.1.
Puscasu, V., 2021. Subsequent Discovery of the Plurality of Offences. The Decision No.
22/2020, Pronounced by the High Court of Justice, and Some Principled Answers.
Law Series Annals WU Timisoara, p.26.
Schiavone, and et.al., 2022. Prevalence of second-hand tobacco smoke in relation to smoke-
free legislation in the European Union. Preventive medicine, 154, p.106868.
Strebel, E., 2018. High court to hear oral arguments involving improperly built barn.
Wisconsin Law Journal.
Wood, R.J., 2019. Identifying borrowed sources in secured transactions law reform. Uniform
Law Review, 24(3), pp.545-575.
Zahed, S.E., Shahandashti, S.M. and Najafi, M., 2018. Financing underground freight
transportation systems in Texas: identification of funding sources and assessment of
enabling legislation. Journal of Pipeline Systems Engineering and Practice, 9(2),
p.06018001.
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