Legal Systems: Classification and Sources of Law in UK

This report deals with the different ways in which law is classified along with the sources of law along with the various examples of such legal situations. It can be concluded that law can be classified based on various reasons while every type of law within UK is emerged over a period of time leading to form different set of rules that helps in governing the society.

SYSTEMS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Classification law.........................................................................................................................1
Sources of law..............................................................................................................................2
CONCLUSION................................................................................................................................4
REFERENCE...................................................................................................................................6

INTRODUCTION
There are different legal systems within the country. Each of the legal system will be
derived from a particular area based on different historical reasons. The law system in UK is a
combination of passing legislation while developing the precedents from the case law. It deals
with legal concepts that includes the constitution and the system of governance (Sellors, 2020).
It is essential to focus on division between different legal systems as well as secular legal
systems. These legal system impact the business of any company within that particular
company. This report deals with the different ways in which law is classified along with the
sources of law along with the various examples of such legal situations.
MAIN BODY
Classification law
The English law has evolved and is classified in various sections. There are several rules
that helps in controlling the activities of members of the society and different laws are used
within different situations and to govern the working conditions. Different classified laws helps
in regulating the relationships with the personal nature.
Criminal law: Within this law, the state or federal prosecutors working on the case
against the individual charged is known as a felony. It is possible that within criminal law, the
person charged has done some major crime. These law deals with handling the crime activities
such as murder, robber and many more while also punishing these criminal offences. A criminal
offence will influence the society in negative way and not just a single person. Punishing such
offenders and stopping from other such offenders to not commit such crimes is the main purpose
of criminal law (Marco Colino, 2019). Examples of criminal offence includes sex related crimes,
fraud, murder, dealing of illegal substances such as drugs, cases of money laundering and so on.
When the offender in subject of criminal activities are found guilty, they are termed as criminals
of UK and are penalized with fine along with prison sentences depending on the severity of the
crime committed.
According to the legal system within UK, police is allowed to detain an individual that is
to be arrested for a maximum duration of 24 hours. Within this period of time, the police can
either charge the individual for the crime or to release them for bail. This bail is granted under
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certain conditions such that the individuals have to return for another round of questioning. If the
person does not look guilty, then they are released without any charge. Criminal laws within the
UK legal system is put in place by the parliament to avoid any breaches of conduct that can be
harmful for the society. Criminal law is made to punish the offenders and providing ways that
will prevent from happening such crimes again within the country. The cases under this crime is
brought from the side of government and only the defendant of the case can bring appeal within
the criminal case and at the end will punish for the offence done (Gordon, 2017). The decision
taken by the court is either guilty or not guilty. This law maintains the stability within the state.
Civil law: This law is about filing the lawsuits against the individuals or even the
government fighting against other individuals or the organisations. Civil law will focus on
handling the situations that even involve the process of awarding the compensation. The purpose
of such law is to attain compensation for what is done to the injured party. The maximum of
civil lawsuits are filed by the private parties regarding the issues concerning with the money,
property, any disputes with their own family such as divorces and asking for the custody of child
and many more comes under the civil law. The areas to be covered within such matters are
related to rights of individuals towards property, person and various organisations. The cases of
personal injury includes having a fall, accidents on road, cases of medical malfunction and even
the dissolution of civil partnerships, all come under civil offence.
The employee rights within an organisation also comes under this law. It includes the
breaching of employment contract or even discriminating any employee against another one
(Bishop, 2019). In maximum of the cases, no individual is sentenced for prison but the losing
party will have to pay a lot of cash to the other party when they are found liable for the
compensation. The major proof within the civil law is to have the balance of the probabilities
while some cases are disciplinary proceedings leading to the misconduct. The aim behind civil
law is to put the person suffered from any harm to be in the initial position. It does right to an
unfair situation. Both the parties involved in the lawsuit have the right to appeal within a civil
case. The decision taken by the court in the case of civil law is whether the company or na
individual is liable or not and the liable party is punished in form of awarding a compensation.
Sources of law
The law of UK is divided into two parts which is primary sources and secondary sources.
Primary laws are the original laws and it includes case laws, European laws and legislation.
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While secondary sources consists of law journals, textbooks and parliamentary documents
(Suvanpanich and Na Nakorn, 2018). Basically sources of laws is called as the birth of laws. It is
rules and regulations which is given by the government of the country in order to govern the
territory. Legislation is the primary law and it is having rules and regulations which citizens of
the country has to follow. Legislation carriesmany activities like they regulate, provide funds,
restrict, declare etc. they also make new laws like amends, parliament or rebuild old laws. Law
making powers can be delegated by the legislation to the other bodies. Delegation legislation of
UK involves bye laws, statutory instruments etc. there are various legislation, whose power is
undertaken by nation's constitution. Legislature also have some sort of power. It is the court
which have various power to regulate, interpret statutes etc. likewise the parliament of the
country are also having power to legislate. Legislative programmes are decided at the executive
level. The procedure which is followed in UK is that the bill is initiated in the parliament, and
after the various discussions and amendments, bill gets passed or approved. Hence it becomes
the act.
Case law is the based on the doctrine of decisive and is also concerned with the jurisdictions of
the English common law. Precedent is said to be the law principle which is made after many
years of decisions. It is observed that the judgement which is provided by the judge in certain
cases becomes the sources of law. If in the case, there is no available legislation on the specific
part. Then judge plays vital role because by using its own mind they decide about the right or
wrong. The precent decisions which is taken by the judges becomes guidance to the many same
cases which have same nature (Левковець, 2019). Therefore in the future judges uses the final
decision made in the past by another judge in the judgement.
Equity, it is the other source of law and is also one of the case law. It is also like common law
only but have quite different application. The main achievements of this sources of laws are
charities, equitable, trusts etc.
European union law is the law which is operating in many states of Europe. EU laws mainly
focus on promoting peace and well being of their citizens. EU comprise of economic policies,
social policies etc. the legal foundation of EU consists of treaty of European union. After the
introduction of Brexit, there has been ban in regards of free movement of goods and workers
from European union to UK. Before Brexit there was goods and workers are allowed to move
from EU to UK but now it has been restricted. If talking about EU laws, it is breaking the
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barriers which is associated with the trade. So it has given the rights to the movement of
workers, materials, goods and services. Hence it has reduced the prices of the consumer goods
and also upgrade the living standard of the people (Abdullah, 2017). The benefit of free trade is
taken by various parties and groups. Europe has introduced many social rights to the people
which brings social progress in the life of the people and also improve their standard of living.
Free movement of goods is passed by the principle of non discrimination.
Parliamentary conventions, these are the laws which are not so strict but if it got breached then it
is considered as the breach of law. In the English legal system this law can be find out. It is also
used as the compensation of the UK's single written constitution. This law falls within two
houses which is house of lords and house of commons, within the Britain and their colonies.
Example after the finance act of 1909, power has been taken by the house of lords in order to
pass the bill. Britain have good relations with their colonies and are self governing (Connor and
et.al., 2018).
Another source of law is the customer. It is the general law which is written but it is existing
within the country since long time. That is why it has became the sources of law. Apart form
general custom there is particular custom also which can take place and then becomes right.
Example:
Tesco supermarket ltd vs Natrass, this is the case in UK in which house lords has been taken
major decision in regards of corporate liability. In this case the company which is Tesco has
offered the discount on the detergent powder and on the posters they have given the
advertisement regarding the same. Store was going out of stock of the lower prices product so
that is why staff of the store have started filling self with the regularly priced product (Singh,
2018). The store manager did not replace the posters from the store and customer was charged
with the more prices than what is mentioned on the poster. Company is charged with Trade
description act 1968, as court has said that they have given false advertisement relating to the
washing powder prices. But company says that they have take precautions and due diligence. At
the time of judgement is found that house of Lords said that manager cannot be considered as
the part of the directing part of the company and its action is not attributable.
Table cases
year
Tesco supermarket ltd vs Natrass 1971
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Table legislation
finance act of 1909
Trade description act 1968
CONCLUSION
It can be concluded that law can be classified based on various reasons while every type
of law within UK is emerged over a period of time leading to form different set of rules that
helps in governing the society. Law is classified into different sections to avoid the confusion in
the administering of such laws. Legal systems are an important aspect to be considered before
expanding the business in other countries. The legal body of within the UK work with a certain
structure. The law is made using various sources. These sources of law are a hierarchy that is to
be followed when making a law within the country. These sources are of prime importance
within the legal system of UK. It can also be seen as that the law making process within the UK
is dependent on various parameters and influence the commercial financial organizations.
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REFERENCE
Books and Journals
Abdullah, S., 2017. To what extent will Brexit have an impact on employment law regarding
Equal Pay in the UK? (Doctoral dissertation, Cardiff Metropolitan University).
Bishop, J., 2019. Determining the risk of digital addiction to adolescent targets of internet
trolling: Implications for the UK legal system. In Internet and Technology Addiction:
Breakthroughs in Research and Practice (pp. 641-652). IGI Global.
Connor, P.M. and et.al., 2018. Sources of risk and uncertainty in UK smart grid deployment: An
expert stakeholder analysis. Energy. 161. pp.1-9.
Gordon, M.J., 2017. Brexit: The relationship between the UK Parliament and the UK
Government.
Marco Colino, S., 2019. Competition Law of the EU and UK.
Sellors, C.P., 2020. Too much drama defining film in UK copyright law. Journal of Media
Law, 12(2), pp.191-215.
Singh, V.V., 2018. Corporate Criminal Liability: A Critical Legal Study. International Journal
of Research And Analytical Reviews. 5(2I).
Suvanpanich, T. and Na Nakorn, P.N., 2018. The Impacts and Implications of Human Rights
upon the EU and the UK Arbitration Process. International Journal of Crime, Law and
Social Issues. 5(2).
Левковець, А., 2019. COMMON LAW IN THE UK.
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