Classification of Law and Source of Law in the UK Legal System

This report discusses the classifications of law and sources of law in the UK legal system. It covers the role of courts, case law, and the process of making legislation. Additionally, it explores the statutory duties of employers and wrongful dismissal in employment law.

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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
PART 1: CLASSIFICATIONS OF LAW.......................................................................................3
Law and respective legal systems in the UK..............................................................................3
Classification of laws in the English Legal system.....................................................................3
Role of the following Courts in the English Legal system..........................................................5
PART 2: SOURCE OF LAW..........................................................................................................5
1. Explanation of Case Law as a source of laws..........................................................................5
2. Process of making Legislation.................................................................................................6
3. Delegated Legislation..............................................................................................................7
PART 3: UK LAW MAKING PROCESS: EMPLOYMENT LAW..............................................7
Statutory Duties of Employers to their employees......................................................................7
Wrongful Dismissal and Unfair Dismissal Actions.....................................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................1

INTRODUCTION
Laws are legal rules and regulations that are made by the government in order to
maintained law and order in the society. They are important as they acts as a guidelines related to
what a society is accepted to do so that no harm can be caused to any individual in any
circumstances. The English law has been categorised into two such as Civil and criminal law that
helps in reducing conflict within the society and maintaining peace and harmony. This report has
contained three parts such as: the first one contained classification of law, role of high courts,
while second has depicted information related to explanation of case law. In the part three,
information related to statutory duties of employer toward employees, wrong dismissal has been
covered in the report.
PART 1: CLASSIFICATIONS OF LAW
Law and respective legal systems in the UK
Law can be defined as system of rules and regulations that govern the communities so
that no harm or negative impact can be caused to any individual in any of the circumstances.
United Kingdom has three separate legal systems such as one for Scotland, Northern Ireland and
England and Wales. So it can be stated that at England and wales, common law has been made in
society that are being abided by all people. At the same time there are three legal jurisdictions
each of them have court further that law through jurisprudence. Moreover, the United Kingdom
have unwritten constitution so there is no single written document that clarify about the rights of
individual and the way government should work (Partington, 2021). There are five division, as
per the UK law system that are responsible for taking decision or making laws that needs to be
abided by individuals while living in society. Likewise the supreme and senior courts of England
are responsible for dealing with court of appeal, crown court and high court. Country court,
family proceeding and magistrate are the third level of court present in United Kingdom.
Moreover, Ecclesiastical courts and the corner are special court that are categorised as fourth
court and patent country courts, military and election are fifth court or legal system across UK
responsible for maintaining peace and harmony in the country.
Classification of laws in the English Legal system
English system has classified law into two such as criminal law and civil law that
contribute in maintaining peace and harmony within the society. The two laws as per the English
legal system can be defined as follows:

1. Civil Law: These are laws that deal with cases where wrong is done to particular
individual or it is mainly concerned with disputes related to private parties. For examples
the employee and employer, consumer and suppliers and other. As per the civil law, the
injured party can sue in court in order to gain payment of damages or injunction. There
are different types of civil laws such as contract, tort, company and revenue that can
helps in resolving the conflict. Furthermore, most of the civil law are because of breach
of contract, negligence etc so they are codified (biding for all) set of legal rules that need
to be followed by people (Duff, 2018). Likewise it include contract law that is an
agreement between two or more parties to act in particular manner or fulfil their
respective obligation and if any one fail that it has to make payment of loosed caused to
other party. Family law is also part of civil laws as there are many dispute among the
family member that are to be resolved by the court. So it is branch of civil law that deals
with child custody, divorce and marriage and other family issues.
2. Criminal Law: It is body of law that related to crime or it is mainly concerned with the
offences against the society at large. Criminals are prosecuted by the state in order to
punished people that have conducted crime in society. In another word, it is complex
system of law and procedure that defines criminal acts, set of punishment, and outline the
rules for guiding criminal process for arresting and providing punishment to the
individual for conducting crime. In addition to this the crime, are classified on the basis
of three main categories such as Misdemeanors, Felonies and infractions. Such as
Felonies are punishment related to criminal case that are given to prison for more than
one year and it is results of serious physical harm caused to other person. For example
murder, assault with deadly weapon (Ristroph, 2020). Secondly, misdemeanours are less
serious crime so the prison gets punishment up to a year within the jail likewise careless
driving and petty theft. The third basis on which criminal law are classified is infraction
that include only petty offence that are conducted by people such as violation of traffic
rule thereby it only result in fines rather than imprisonment. Therefore, the criminal laws
are mainly concerned with causing any physical harm to any individual by breaking the
law (Meyn, 2017).

Role of the following Courts in the English Legal system
Courts are mainly responsible for interpreting and applying the relevant law and
regulations to the case so that appropriate solution can be find of the problem in effective
manner. So, the court in English legal system mainly exist to do justice, enhance social order,
resolve the dispute among the parties, to guarantee liberty and equality in order to ensure due to
process of law.
1. High Court: The judge of high court generally sits in London and has three division such
as Chancery division, family division and Queen Bench division. It generally deals with
case related to business disputes and intellectual property, enforcement of mortgage etc.
Moreover, this division include three specialist courts likewise patent court, companies
court and Bankruptcy court. While the Queen Bench division handle case related to
commercial, technology and administrative courts, common business law i,e contract and
tort (Von Savigny, 2020). On the other hand, family is last division in high court that hear
all cases related to children and family. In most of the high courts, the single judge is
responsible for taking decision related to resolving the key issue face by people living in
the society. It is the final court that takes decision related to issue for resolving the
problem face by individual.
High court Supreme Court: It is the final court of appeal in United Kingdom related to
civil cases while for criminal case in Wales, England and Northern Ireland. This court is
mainly responsible for hearing cases that are constitutional important and affecting large
number of people. So, Supreme Court hears all type of case whether civil, criminal and
other. It maintained highest standard that are being set by Appellate committees, but
separate from government as well as parliament (Muscat, 2020). Moreover the Supreme
Court hears cases or appeals on arguable point of law of greatest public importance
thereby it is mainly responsible for maintaining peace and harmony in society through
effectively reducing the chance of conflict, crime in the society.
PART 2: SOURCE OF LAW
1. Explanation of Case Law as a source of laws
Case law are third source of law in which the judge of the court make rules or
take right decision on the basis of facts, information pertaining to particular case. State

case law come from state court while the Federal case law come from federal courts. In
English common law, case law has its own origin and used by the judge to come at final
decision in order to resolve conflict arising between the parties in most effective manner.
In another words, case law can be defined as law that are solely based on judicial
decision rather than law on regulation or constitution. Each state have its own rules and
regulation therefore the case of London cannot be used decided on the basis of laws
prevailing in the Wales (Partington, 2021). At the same time, high courts have different
point of view in each case and each states so it is not at all possible. Moreover, case law
contribute the court in take quickly decision in case the dispute are of similar nature.
Therefore, at last it can be summarised that case law are source of law that provide ideas
related to necessary changes that needs to be made in common law and helps courts in
taking effective decision.
2. Process of making Legislation
Rule and legislation are generally made through generation of particular idea, then a bill is
presented to the parliament for taking decision related to whether the law need to be frame in the
society or not. Bill start either in two Houses such as House of Commons and House of Lords,
both the houses need to agree for final text of bill before it is signed by Monarch and become an
act of parliament. So, a bill is proposed law that is introduce in the parliament and once the bill
has been debated, approve by house of parliament, received by Royal assent. Then it becomes a
legal law that has to be abided by each and every individual within the society (Walkland, 2021).
Likewise, there are various stages through which the bill of new law goes through for approval
such as first reading, second reading, committee stage, report stages, third reading, consideration
of amendments and royal assent. The processes that are followed for making legislation in
United Kingdom can be illustrated in detailed as follows:
1. Preparation of bill: The first process that has been followed to make new legislation in
the country is preparing the bill through coordinating people that have idea related to
what all policy, rule and for which it need to be made.
2. Toward introduction: Then the bill is being introduced through attaching it with other
necessary document as bill cannot be introduced until it has been cleared for introduction
by meeting of PBL committee.

3. Parliament stage: In this stage government will take decision only when it is sure that
both houses have given balance response to the making of new law. So there are range of
stages through which bill goes in houses such as first reading, second reading, committee
stage, report stages, third reading, consideration of amendments (Novak, Rozenberg and
Bendjaballah, 2021).
4. Royal assent and beyond: So after the consent of Royal assent, the law is finally
approve and it become an act thereby all individual in society must abided to same while
performing their respective task
3. Delegated Legislation
It is the law that has not being passed by an act of parliament rather than the government
minister through delegating the person or entity in the United Kingdom. So it give power to
government minister and other to take necessary decision related to passing of the law for
benefits of society. Therefore it is officiated by signature of his authorised representative or
author with an motivate to implement the new law to resolve key issue that are face by people.
PART 3: UK LAW MAKING PROCESS: EMPLOYMENT LAW
Statutory Duties of Employers to their employees
Employees have various statutory duties towards their employees as they have hire them
to work for organisation so that it can enjoy high profit margin. Therefore the statutory duties of
employer toward its employees are:
1. Prevent risks to health
2. Provide safe working environment
3. Provide adequate first aid facilities.
4. Make sure safe working practices are set up and followed
5. Avoid discrimination and harassment at workplace (Estlund, 2018).
6. Make sure that Plant, equipment and machinery provided to employees are is safe to use.

Wrongful Dismissal and Unfair Dismissal Actions
Wrongful dismissal can be defined as situation where the employer has terminated from the
employment before giving the reasonable notice to employee. On the other hand, unfair
dismissal action is where employer have terminated its employees on unfair ground or without a
valid reason (Secunda, 2019).
CONCLUSION
From the above report it can be concluded that law contribute in maintaining peace and
harmony through resolving conflict between the people. At last it has been summarised that
employer have range of statutory duties toward its employees and it cannot unfair dismissed
employee for the company.

REFERENCES
Books and journals
Duff, R. A., 2018. The realm of criminal law. Oxford University Press.
Estlund, C., 2018. What Should We Do after Work: Automation and Employment. Yale LJ, 128,
p.254.
Meyn, I., 2017. Why Civil and Criminal Procedure Are So Different: A Forgotten
History. Fordham L. Rev., 86. p.697.
Muscat, B., 2020. Insolvency Close-out Netting: A comparative study of English, French and US
laws in a global perspective (Doctoral dissertation, Leiden University).
Novak, S., Rozenberg, O. and Bendjaballah, S., 2021. Enduring consensus: why the EU
legislative process stays the same. Journal of European Integration, 43(4). pp.475-493.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Ristroph, A., 2020. Criminal law as public ordering. University of Toronto Law
Journal, 70(supplement 1), pp.64-83.
Secunda, P. M., 2019. The employee right to disconnect. Notre Dame J. Int'l Comp. L., 9, p.1.
Von Savigny, F. C., 2020. A Treatise on the Conflict of Laws. BoD–Books on Demand.
Walkland, S. A., 2021. The legislative process in Great Britain. Routledge.

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