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

This report discusses the classification of law and the legal system in the UK, including civil and criminal law. It also covers the sources of law, the process of making legislation, and the statutory duties of employers in employment law. Additionally, it explains wrongful and unfair dismissal actions.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business Law
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Contents
Introduction 3
Part 1: Classifications of Law 3-4
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
a) Civil Law 3
b) Criminal Law 3
Explanation of the role of the following Courts in the English Legal system
4-6
a) High Court 4
b) Supreme Court 4
Part 2: Source of law 4-6
Explanation of Case Law as a source of laws 5
Explanation of the process of making Legislation 5
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 7
References 8
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Introduction
The law can be defined as a specific system within the society that helps in
minimizing crimes, business agreements or any social relationship. Every country has its own
laws and regulations that are mandatory to comply and follow with (Alarie and Green, 2017).
The present report talks about the classification of law and the legal system that is existing in
UK, the different laws such as civil law and criminal law. Along with this, the report also
includes various types of courts that formulates laws that are supreme court and high court. In
continuation to this, different sources and process of making certain legislation with an
example of delegated legislation is being explained. Lastly, the statutorily duties of an
employee as well as wrongful & unfair dismissal actions are mentioned.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
A law is a system that comprises of different rules or regulations in a particular
country or within community that is enforced by the penalties if not followed. The legal
system of law in UK includes English & Wales legal system. Scotland and another is
Northern Ireland legal system (Bokovnya, Khisamova and Begishev, 2019).
Explanation with examples the following as means of classification of laws in
the English Legal system
a) Civil Law:
The Civil law is being associated with property and rights related to an individual
organization or people within the society. Such laws are not always secured by the criminal
law. Cases from such laws are being settled between organizations and individual which
often includes an award of compensation form one party. In case of civil law no individual is
being sent to prison as penalty. The examples of civil law includes breach of contract,
personal injury, employment law, family disputes, and various others. This includes two
parties that is defendant and claimant. The cases in UK court are being filled by private
parties or advocates that involves payment of compensation to one of the party who is not
found guilty. The main aim of civil law in UK is to look for a remedy in respect to the injured
person (Camilleri, 2018).
b) Criminal Law:
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The criminal law is related with different breaches or offenses that has a negative
impact upon the society as well as on nation. This sector mentions the Parliamentary act that
are deemed to be either unacceptable or acceptable within the UK. In case any individual
breaches the criminal law then it is subjected to the criminal prosecution. Cases related to
crime is being heard and solved in Crown court or in Magistrate Court in UK. Examples of
Criminal law includes drug dealing, fraud, criminal damage, murder, money laundering, etc.
The main aim of criminal law is top provide punishment to an individual who has involves in
illegal or offense activities and focuses upon the maintenance of stability in country (Child
and Ormerod, 2017).
Explanation of the role of the following Courts in the English Legal system
a) High Court:
The high court in UK is known as the third largest court among all. The court deals
with different types of civil appeals and cases upon the decisions which are made by the
lower court. The court is being situated in London and includes district registries within all
the High courts where the case proceedings is heard and issued. The main role of High Court
is to deal with priority civil cases as well as fresh cases. The High court is being bounded by
its previous decisions for the cases across the law of England & Wales. High court also plays
a role in solving cases with a right decision and providing appropriate compensation to those
who are not found guilty (Giliker, 2021).
b) Supreme Court:
The Supreme Court is known as the final court in UK where the appeals gets final
judgment. Supreme Court generally hears and solves criminal cases that has a negative affect
upon the population of UK. The Supreme Court functions according to the country's
governmental guidance in respect to administration support. The main role of Supreme court
is to provide development in UK law. Such court deals with both civil as well as criminal law
covering geographical areas of England & wales, Northern Ireland and the Scotland (Li,
2018).
Part 2: Source of law
Explanation of Case Law as a source of laws
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The case laws includes a detail description of a fact or certain case that has been
solved or resolved by the court having some judgment upon it. In general terms the decisions
which are taken in past are considered to be a case law. Source of law refers to a reference
from where an advocate or judge has referred similar situation and considered the same as a
basis for new decision. There are two source of case laws such as primary and secondary. The
primary law includes an original or authoritative statement being give by judge. Whereas, on
the other hand, the secondary source includes legal test books, journals, legal encyclopedias
as well as parliamentary or non parliamentary published documents (Pavlich, 2017).
A successful case law is based upon the production of authentic or reliable legal
reports that comprises of certain facts, decisions or issues that are complied with legal
principles. A case law is categorized as a primary source of law as this is made by a court.
Explanation of the process of making Legislation
In order to have a specific legislation it is necessary to follow certain steps that are
defined by the House of Lords in UK. Firstly a bill is drafter for a new law and is required to
be presented in Parliament. After the bill following steps are to be considered either in two of
the houses that is House of Lords and House of Commons. Following are the stages that are
to be considered for making a legislation: First Reading: At this stage a bill is arrived in the House of Lords where a bill is read
in chamber as a formality. Second Reading: This includes a major debate upon the key areas as well as the
purpose of a bill that needs to be passed. An area of concern that may need changes
are considered here. Committee Stage: At this stage the members commences the work in respect to the
bill by considering votes from members. Report Stage: An opportunity is being provided in order to examine the bill & make
required changes. For the changes more votes or debates is being considered. Third reading: This involves closing up of any loopholes in the bill and presents a
final opportunity to vote. Consideration of amendments: At this level, the bill with changes if made any is
forwarded to the House of Commons so that the changes can be done. And the
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changes accepted or rejected by the House of Commons is then sent back to House of
Lords (Ramsay and Webster, 2019).

Royal Assent: This is the last stage where both the honorable houses gets agree to a
bill and approves the same in a form of legislation.
The meaning and examples of Delegated Legislation
A delegated legislation is a law which is not being passed by the Parliamentary Act
but are approved by the country's government ministers who are delegated with an authority
or by an entity in UK. Such legislation is being applied in different purposes like fixing of
particular date upon which the Parliamentary Act would come into force, setting of a public
service or fees for something, etc. The main aim of establishing Delegated legislation is to
safeguard the time of Parliament through considering some technical matters in detail. The
legislation is being signed by the authorized representatives or by an author of such
legislation. In context to UK, the delegated legislation is being published by Queen's Printer
which is an authorized party to publish UK laws (Silke, 2018).
An example of delegated legislation is a rule or regulation being set by the parliament
in order to have a description related to the implementation of Act that is prepared by
ministers. Another example could be a method or powers in respect to the dissolution of
public body , etc.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The various Statutory Duties of employer in UK are mentioned below:
 Payment to employees with a minimum amount set in a National Minimum Wage
policy by UK.
 Providing employees with a proper payslip of their working in itemized way or a
detailed breakdown.
 Providing a clean & safe working environment to the employee's of an organization in
UK.
 Offering a rest period of minimum 20 minutes daily to the employees.
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Wrongful Dismissal and Unfair Dismissal Actions
A wrongful dismissal refers to a dismissal in respect to the breach of contract and
getting only a relevant consideration or compensation after hearing of claim in tribunal which
will be categorized as a contractual obligation of a company. A wrongful dismissal includes
breach of notice period, breach of contract or even a termination of a contract that has been
made for a particular task.
In respect to Unfair Dismissal Actions, an employee in UK is required to have
minimum two years of regular services with the company and should establish a Two limb
test which needs not to be satisfied at the time of dismissal. The two limb test refers to a 5
fair reasons in respect to dismissal which are listed under authority books or in guidelines
(Tian, 2018).
Conclusion
From the above report it can be concluded that laws are the set of rules which is
required to be followed by each individual or organization. There are different legislation and
courts in UK which solves different cases like Criminal or Civil cases. In order to have
appropriate solution to the case it is needed to access case laws as a source. In UK there are
mandatory statutory duties which are needed to be performed by all those organizations
which provides employment.
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REFERENCES
Books and Journals
Alarie, B. and Green, A.J., 2017.
Commitment and cooperation on high courts: A cross-
country examination of institutional constraints on judges. Oxford University Press.
Bokovnya, A.Y., Khisamova, Z.I. and Begishev, I.R., 2019. Study of Russian and the UK
Legislations in Combating Digital Crimes.
Helix. 9(5). pp.5458-5461.
Camilleri, J., 2018.
A critical analysis on the legal principles of the UK UBER judgement;
what would the effect be had this judgement been delivered in Malta? (Bachelor's
thesis, University of Malta).
Child, J. and Ormerod, D., 2017.
Smith, Hogan, and Ormerod's Essentials of Criminal Law.
Oxford University Press.
Giliker, P., 2021. Can the Supreme Court halt the ongoing expansion of vicarious liability:
Barclays and Morrison in the UK Supreme Court?.
Tottel's Journal of Professional
Negligence.
Li, Y.C., 2018. Law review and comparison of dismissal regulations. In
Severance Payment
and Labor Mobility (pp. 125-146). Springer, Singapore.
Pavlich, G., 2017. Before the Law: Criminalization, Accusation and Justice: Lindsay Farmer.
Making the modern criminal law: Criminalization and civil order. Nicola Lacey. In
search of criminal responsibility: Ideas, interests, and institutions. Alan Norrie.
Justice and the slaughter bench: Essays on law’s broken dialectic.
Law and
Critique. 28(3).
Ramsay, I. and Webster, M., 2019. The Origins and Evolution of the Statutory Duties of
Trade Union Officers.
Australian Business Law Review. 47(1). pp.23-39.
Silke, H., 2018. 15 years and counting: Some reflections on the current state of the UK
criminal cartel offence.
Competition Law & Policy Debate. 4(1). pp.44-50.
Tian, M.A., 2018. Study on the Compensation for Acquirable Interests in Wrongful
Dismissal.
Journal of Panzhihua University, p.03.
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