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

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Added on  2023/06/14

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This report provides an overview of the UK legal system for business law, including classifications and sources of law. It also covers the UK law making process and statutory duties of employers to their employees. Additionally, it discusses wrongful and unfair dismissal actions.

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BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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 ....................................................................4
Statutory Duties of Employers to their employees ............................................................4
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................4
Conclusion..................................................................................................................................4
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Introduction
Law comprise to be a ruling framework in society it regulates, manages all the laws
and the general principles which helps in outlining the general capacity and the working
through which all the society rules and the working can be applied. It is mainly the command
and the actions with certain rules that are being given by the superior authority in order to
manage the working and also to frame the morality and the peace in the society. In UK there
is no proper written constitution and there is applied that all the laws are being made by the
statutory and the common law applicability. Business law provides all the set of rules being
made for the commercial activities and the transactions through which all the legal
applications are being applied(Oswalt, 2022). This report will provide the classification of
law with all the major sources of law a and further this also cover various statutory obligation
for all elements being addressed in the employment act for the employees.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law governs sovereign command in all higher authorities helps in giving reflecting
applicability of basic principles in order to manage the legality and also to remove all the
crime and the illegal activities in the society. Their is been seen that it helps in protecting all
the individuals and also in managing the principles to be assigned in systematic manner. In
UK their is been that they have no written and systematic constitution as they complies with
partly written and not fully codified laws(SMITH, . and Fremont-Smith, 2022). They mainly
have the statutory and the common law in which all the statutory law comprise of the
legislation in which the house of common and the house of lords manage the rules and the
principles with the help of the bill enactment. Their is also seen that further the common law
provides the judge made law in which all the laws and the rules are being made through
judges and they implies all the legal and the applicability of the principles through judicial
precedents. All these frames to have the major rules and the management through which the
reflection of the work and the management of the general adequacy is aligned.
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Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
It is mainly the laws that implies and are made by court to frame laws for disputes
related with property as it also manages general framework through which all the general
rules and the addressing of the underlining affects are being made. Their is been seen that in
civil law solves all the issues in relation to the property and this covers in various courts
which for instance, county court, appellate, supreme court and the Her majesty court in
England. It solve disputes of the person related to property and the agreements being made in
between them. Their is been drawn some of the major punishment in the court which giving
damages for all the accuracy and also injunction etc.(Macauley 2022).
b) Criminal Law:
It an superior law that manages and protects of the individuals and their life, safety
and security. It is mainly all such laws which deals with the criminal matters and this implies
to manage all the basic principles with applicability through managing crime. Their is been
seen issues which are observed as like culpable homicide rape, cruelty etc. All such crimes
are being charged and heard by the courts like the juvenile court, divisional bench. Some of
the major punishment which are being given as fine for all the crime, death sentence and
many more.(Srivastava, and et. al., 2022).
Explanation of the role of the following Courts in the English Legal
system
High Court:
It is the highest court complies to have her majesty court of England in which they
manage all the work and the justice to be provided to all the individuals. Their is been
provided that the main aim of the court is to manage the profit and also to imply the safety
compliance through which all the working can be opted. High couirt mainly have different
benches in which they promote the ju7stice some of them are the divisional bench, county
court, family court and m,any more all of these manages the justice for the public. All the
decisions are being taken by them are rendered to be the appeals which are raised by the
lower courts. In case when there is been seen that any of the people is not satisfied with high
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court then they can manage and go to the supreme court. It helps out in accompanying all the
laws and the manage through which the rules and their public importance is being attained
(Harper, and et. al., 2022).
Supreme Court:
This governs as highest courtl which deals with appellate matters and issues it is
being addressed that in all the courts when the decision which are being given are not
satisfactory then they can shift to the SC. This court manages and hear and collect all the
evidence and maintain to provide the judgment according to which the safety morality and
the public safety can be attempted. Their is been applied that all the decisions or the judgment
which are given by the court will be binding on all the lower court and their can also be
applied the transcripts through which the law records can be made so that the judicial binding
affect can be applied(Dau,Moore, and Abrahms,2022).
Part 2: Source of law
Explanation of Case Law as a source of laws
It is mainly all judge made law that is provides that all the judgment that are being
created and given by the court will be effected as the binding decision on all. Their is applied
that in all the court the judge try to manage the safety and the liberty and along with it such
judgments are being farmed through which the individuals can apply all the nature and the
possible ways for the legislative principles. This is mainly complies with the doctrine of stare
decisive in which all the judgment will be treated as a the binding affect on all the person or
the individuals. The judgments or the case laws that re been given by the superior court will
be managed through the higher court and be applied on all the superior and the lower court.
The law records are being made through which the judgment framed can be opted (Li, Li,
Su, and Chen, 2022).
Explanation of the process of making Legislation
Legislation are legal bodies and principles in which superior authority tries to make
the law and the legal applicability. As I n UK there is no written constitution which is been
given so the court manages to provide that all the laws are being made through the bill which
is introduced by both the houses in the reading. Here the initial reading usually manages the
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discussion on the bill and also the amendments and the changes that are required to be made
with proper voting in all of them., the other stages involved to cover the loopholes that are
being remained in the bill. Once all of them are covered then the bill will be passed for the
royal monarch and then it will gain the royal assent will be applied on all the individuals as
for the safety and the working.
The meaning and examples of Delegated Legislation
This implies to be the subordinate legislation in which all the regulations and the
frameworks with which the delegation of the power and the authority is being made. Here all
the powers when being given to the ministers or the other expertise who are having the proper
knowledge regarding the working then it will imply to be the delegated legislation. This
manages to provide the governmental bodies and the working through which the public
importance are being framed. Some of the major examples pf all the delegated legislation are
like bylaws, order of councils, regulations and many more. This is mainly being used in order
to get the right decision for the public and also to save the time for all the other governmental
issues and the management (Reimert, and Rust, 2022).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law 1996 implies all the statutory rights to all the employees in the
organization there is been seen that in order to frame and manage the general competence and
also to make all the companies to evaluate and manage the working in all the companies. In
order to protect the employees some of the major rights which are been given to the
employees are as follows:
It provides that all the employees majorly have the right to get the protection from the
organization this implies that all the comp0anijues there by are required to provide the
health and safety of the employees in the workplace. It is been seen that all the nature
and the general medical facilities are needed to be given.
All the leaves and the remunerations are needed to be given to the employees as all
maternity, paternity and the medical reasons.
Training session are needed to be given to all the employees for all their facilities and
the working as in order to manage the general adherence and their is been implied that
it is important to make all the employees to learn the use of equipment and the
facilities with all the nature and their systematic working.
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Wrongful Dismissal and Unfair Dismissal Actions
It is the termination the employees from organization in order to manage their
working and also to apprehend and frame the removal of the employees due to some issues.
Their are only two types of dismissal which are wrongful and unfair dis,missal. The wrongful
dismissal is mainly when the employees are being removed from the company without
serving them the proper notice and also without providing them the actual reason for their
termination. In all such cases employees have the right to go to the court as there is been seen
that about 2 months notice is required to be served in all the organization. So they can ask for
compensation (Clayton-Hathway,2022).
unfair dismissal is all removal of employees in company by not giving any reason
cause this mandates and provides that all the employees when being removed for unfair
reason like asking for the maternity leave, denial on any illegal work, trade union and many
more. In all such areas the employees can manage and implies for compensation from the
company.
Conclusion
From this analysis, business law are majorly all the company and their activity and
the transaction in which the general trading and the legal activities can be applied in working.
Law helps in giving the command to the company in which they manage and contemplates all
the laws and the basic principles. Legislation is mainly the law making process given by the
government through which all the laws and the enactments are applied in the company.
Further it is also concluded that wrongful dismissal is terminating any of the employees
without serving them the notice.
References
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Dau, L.A., Moore, E.M. and Abrahms, M., 2022. How Does Terrorism Change the Business
Landscape for Firms?: A New Framework for Analyzing Risks. In Contemporary
Challenges for Agile Project Management (pp. 267-293). IGI Global.
Oswalt, M.M., 2022. Liminal Labor Law. California Law Review, 110.
SMITH, M.R.F. and Fremont-Smith, M.R., 2022. Governing Nonprofit Organizations. In
Governing Nonprofit Organizations. Harvard University Press.
Macauley, M., 2022. Social Power and Legal Culture. Stanford University Press.
Srivastava, and et. al., 2022. A qualitative exploration of the media's influence on UK
women's views of breastfeeding. British Journal of Midwifery, 30(1), pp.10-18.
Harper, and et. al., 2022. Prenatal Gyrification Pattern Affects Age at Onset in
Frontotemporal Dementia. Cerebral Cortex.
Li, N., Li, H., Su, G. and Chen, J., 2022. Heavy metal distribution profiles in soil and
groundwater near pig farms in China. Chemosphere, p.133721.
Reimert, E. and Rust, A. eds., 2022. Klaus Vogel on double taxation conventions. Kluwer
Law International BV.
Clayton-Hathway, K., 2022. Governance and Leadership in British Horseracing: A Gender
Perspective. In Gender Equity in UK Sport Leadership and Governance. Emerald
Publishing Limited.
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