Legal System for Business: UK Law Classification, Source, and Making Process for Employment Law - BMP4002 Assessment 1 | Desklib

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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1

Contents
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....................................................................................................................4
a) Civil Law:....................................................................................................................................4
b) Criminal Law:..............................................................................................................................4
a) High Court:.............................................................................................................................4
b) Supreme Court:.......................................................................................................................5
Part 2: Source of law........................................................................................................................5
Explanation of Case Law as a source of laws..................................................................................5
Explanation of the process of making Legislation...........................................................................6
The meaning and examples of Delegated Legislation.....................................................................6
Part 3: UK law making process: Employment Law.........................................................................7
Statutory Duties of Employers to their employees..........................................................................7
Wrongful Dismissal and Unfair Dismissal Actions.........................................................................7
INTRODUCTION.........................................................................................................................11
MAIN BODY.................................................................................................................................11
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12
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Introduction
Business law is a body of law that duly govern commerce and business. In the United
Kingdom legal system there are certain set of rules that has been duly enforced and created
which protects the right of employee and employer (Azizi and Shahbazinia, 2021). Legal system
is mainly a process or procedure which interpret and enforce the law. It is essential for all the
organisations to adhere the laws which has been included and enforced in the United Kingdom
legal system, as it helps them to conduct their roles and responsibilities in an effective manner.
Present report include discussion on respective legal system in United Kingdom along with the
example of civil and criminal law. In addition to this role of high court and supreme court is also
being discussed in this report along with explanation of case laws and process of making
legislation. Report also includes statutory duties of employees towards the employee and
discussion upon wrongful dismissal and unfair dismissal action.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law is defined as system of rules that a particular community or country duly recognise
which regulate the action of its member and citizens and enforce imposition of penalties. In
simple term law is system of rules which is enforced or created through government or social
institution in order to regulate behaviour. It is a profession or a discipline which is associated
with practices, customs and rules of a conduct of a community.
In United Kingdom there are mainly three separate legal system, England and Wales,
Scotland and Northern Ireland. The United Kingdom constitution is mainly inclusive of number
of sources in which some are written such as statutes and others are institutional convention
which are unwritten (Buxton, 2021). In this the constitutional conventions play an important and
are non-legal and unwritten source of the constitution which do not need a procedure for their
creation and if constitutional convention law become obsolete, they can be dispensed without
any formal step taken. Furthermore, it has been identified that in United Kingdom there is a
parliamentary system of governance in which the Westminster Parliament is the supreme law-
making body. The United Kingdom mainly have four legal system in England and Wales mainly
operate a common law system which duly combined the passing of legislation by parliament.
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Explanation with examples the following as means of classification of
laws in the English Legal system
a) Civil Law:
Civil law in English legal system is mainly originating in mainland Europe and adopted in
much of the world. It is mainly an intellectualized with a framework of Roman law. Civil law
system is mainly relied on legal codes and written that use which keeps on constantly updated
and establish punishment legal procedure and what can or cannot be brought before a court
(Jhanwar, 2021). Criminal law mainly deals with behaviour which constitutes an injury to private
party or individual such as Corporation. Some of the certain examples of civil law are, breach of
contract, property damage, deformation including slander and libel, negligence which results in
injury or death.
b) Criminal Law:
Criminal law is defined as a law of punishment and crime in which the crown prosecutes the
accused. This law is mainly associated with families, touts, companies, contract and more. It has
been evaluated that criminal law mainly operate to offer a party who has been duly enforceable
claim with a remedy such as declaration or damage (Jones, 2021). Criminal law in English legal
system is mainly associated to breacher and offences which have negative impact upon society as
a whole rather than a single individual. In simple terms criminal law mainly deals with behaviour
that can be define as an offence against the state, society or public. Some examples of criminal
law include drunken driving, assault, theft and murder.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High Court mainly deals at first instant with all high importance and high value. Civil law
cases respective court also have supervisory jurisdiction over all the subordinate courts as well as
tribunals with a few statutory exceptions (Mutch, 2021). In the English legal system High Court
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