BMP4002 Business Law Exam 2021/22: Analysis of UK Legal & Labour Laws

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This report provides a detailed analysis of the UK legal system, covering classifications of law, including civil and criminal law, and the roles of various courts such as the High Court and Supreme Court. It explains case law and legislation as sources of law, along with the process of making legislation, including delegated legislation. The report also examines UK employment law, focusing on statutory duties of employers to their employees, and actions related to wrongful and unfair dismissal. It emphasizes the importance of law and order in effective governance and the equality of all people under British law. The document is available on Desklib, a platform offering study tools and solved assignments for students.
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BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 13 August 2022 at 10:00am
Submission Cut-off Date & Time: Monday 15 August 2022 at 10:00am
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number
[There are THREE questions. You are required to answer all THREE questions. For each
sub-questions, use heading such as “Answer to the Question no. 1(i)” or “Answer to the
Question no. 1(ii)” etc. Start writing you answer from this page (page 2).]
Law and order are needed to manage effectual governance in the nation and this basically gives out
curve in the requirement for the suitable legislation in the country as well. Citizens of the country
and the government need to follow all the rules as well as laws that are imposed by the legal
authorities of the country and Legislature is the governance body whose having their mean
obligation is to impose several effectual laws for the nation. In addition to this all the people in the
eyes of the legislation and laws are equal in accordance to the British law. Also the laws can be
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modified by the legislature of the nation and every of the common imposed legal policies and laws
of the nation United Kingdom are described below in the respective report (Gong, 2022).
Moreover to this the following report will also cover about the brief description on how the working
of legal system of the UK is done and it will also mention about the differences among the criminal
and civil laws of the United Kingdom as well. It will also cover about the brief details regarding
how the court in the United Kingdom worth and it also represents the duties and powers of the
nation’s criminal civil courts. In the last part of the respective report will cover about the labour
laws as well.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The term legislation is refers to the laws and rules which legal and residential authorities of
the nation need to focus on following. All the people that are citizen or non-citizen of the nation are
needed to Abide by the rules and imposed laws which basically applied to them and if a person does
not focus on avoiding any of the rules or laws which are imposed by the organizations then there are
several files as well as penalty which are described by the laws of the nation. In addition to this the
primary laws refers to the laws that are imposed by the registration and it is because these rules and
laws apply to every member of the nation irrespective of their gender, economic status or cast. The
legislature need to focus on Providing special care at the time when imposing and drafting the rules
and laws in order to make sure that the rights of a person is safe and not harmed (Hadi,
Sulistiyono, and Sudarwanto, 2022). There are several of the unqualified rules and laws in the
Britain and it is because they are not fully authored by the members of the representatives of the
nation moreover to this it is crucial in order to write the partly authored laws and rules completely
in accordance to convert them in a specific codified form. Also there are several kind of the laws in
the nation which are statutory laws and other one is common rules in which common rules refers to
those rose that have the outcome from the options which are taken in the courts of the country and
these laws are also means to the judicial precedents. In this judicial precedents means to the rulings
as well as judgement regarding the case that are issued through the High Court and Supreme Court
of the country. Also statutory laws means to those laws that are imposed by the legislature by the
process of legislative. The law is also imposed in this way through abiding specific method and
procedure in the parliament of the country and the parliament need to pause all the rules and laws
that are fair and genuine to the population in citizen of the country. The rights of individual need to
be structured in a systematic way that they do not harm and violate the basic rights of the people of
the nation.
Explanation with examples the following as means of classification of
laws in the English Legal system
a) Civil Law: Civil laws refers to those laws that does not need to relate to any misconduct or
law breaking. It involves several different civil matters that are related to divorce, land and building
and various more. In the settlement is offered to the distressed parties by the assistance of civil law.
In addition to this the parties that are in contract can be either 2 or more than 2 legal entities and it
can also be a single individual or anyone entity. This basically involves problems that are related to
the privileges as well as breach of the duty of plaintiff’s party. Moreover to this civil laws also
involves contract, employment and other laws related to this (Huong, 2022). There are several
different court that focus on dealing with the civil cases which are county court, High Court,
tribunals and various more. Moreover to this the Supreme Court is known to be the highest court in
whole nation and it is having the obligation to work on every kind of cases either it is civil or if it is
criminal case. The plaintiff as known to be the party that basically has suffered any type of a loss
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and the plaintiff need to issue a complaint against the appellant in the suitable court related to their
grievance. Whereas the appellant is known to be the individual or the entity that is basically
responsible for the loss of the plaintiff. The defendant is required to prove their innocence in the
court of law and the court basically grants the distress particular injunction, fiscal reward or
performance in order to restore themselves to there earlier position before their loss.
b) Criminal Law: The criminal law commonly functions with the matters related to crime and
its particularly give the result of punishment and penalties for the committed crimes by the person
or the entity. In addition to this the pressure of the proof it’s basically is on the person who is
accused in order to prove its innocence in front of the Criminal Court (Wasilewski, 2022).
Moreover to this the law of criminal address the basic crime as of whole instead of a single
individual or the group and it is due to crime influence the whole community instead of that
particular individual or the criminal organization. The primary goal of the nation is to create such
criminal lawyer in order to minimise the level of crime in the community and it also make sure that
rule of law of the nation are basically a very through punishing the criminals that commits terrible
crimes. An individual that commits the crime in means to the offender or the criminal in that
specific issue. In the criminal law murder, assault, robbery, rape and various more crimes that are
involved in the criminal law. Divisional court, Supreme Court, High Court are various particular
quote that focused in dealing with the several different criminal cases (Keskiner, and et.al.,
2022).
Explanation of the role of the following Courts in the English Legal
system
a) High Court: Another name for the High Court is that her grandness court of England.
The High Court is known to be the second level quote of the state and the main obligation of
the court is to provide justice to the party which is innocent and deserves justice. In the
hierarchy of the legal system after the Supreme Court the next is High Court and the
decisions that are given by the High Court are need to follow by the lower courts. All the
session as well as District Court of the nation is needed to follow all the imposed decisions
of the supreme and High Court of the country. The High Court deals in hearing several of
the crucial cases in which the main concern is the right and duties of the both parties and it
also applies to address the problems where the lower level quote have not able to offer
suitable justice to the people. Moreover to this the case is basically involves the monetary
restrictions that deal in the High Court and all the pass judgment that are in respect to it can
be also file in the Supreme Court of the nation.
b) Supreme Court: The Supreme Court is also considered as the highest court of the
nation and the Supreme Court is basically in is in charge of offering justice to the nation. In
simple words it offers decisions that are related to betterment of the nation as well as
satisfied and these issues decision have the influence on the current as well as future of the
community because it is the reason they shape it in a specific manner (Siregar, and
Mustomi, 2022). Every of the appeal from the lower level quotes of the nation can be heard
and deal by the Supreme Court of the nation and there are also several cases that are issued
in the highest court of the nature which can lead to the questioning of the constitution of the
country as well
Part 2: Source of law
Explanation of Case Law as a source of laws
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The main source of the common law of the nation is the offer decision of the higher level court of
the nation. Judiciary president refers to those case laws which are dealt by the code at the time when
they give a specific decision regarding the case. All the subordinate courts are need to abide
prosecution binding precedent (Mann, and Roberts, 2022).
Explanation of the process of making Legislation
Legislation is the primary and major source of law in the United Kingdom and the process
of legislative is highly complex and difficult. In order to create a specific as well as suitable law for
the nation the legislation need specific specialized individual (Zhu, 2022). In addition to this the
House of Lord is known to be the upper house and the House of Commons is the lower House of
the parliament. The initial stage in which the parliament introduce the draft and the another level
starts when the members start arguing regarding the draft of the law. The Member of Parliament
focus on discussing the drought and the parliament finds the body and title of the drought. And in
the last step is Ben the arrival of the draft at royal assent.
The meaning and examples of Delegated Legislation
At the time when legal authorities she divide the authority to the lower level people so it is means to
the representative legislation and the main goal of basis to minimise the pressure of the higher
authorities (Meyer, Leixnering, and Veldman, 2022).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The workers need to receive suitable training.
Salary of the employees need to be given in respect to the National minimum wage act of
the nation.
The organization need to offer healthy as well as safe environment of working for the
worker.
Wrongful Dismissal and Unfair Dismissal Actions
At the time when manager or leader terminates the employee without providing the worker the sufficient
time of notice than it is known to be the wrongful termination and the worker can go to court in order to seek
justice under the labour laws of the country (Pană, 2022).
From the above reported has been concluded that the employment laws, legislature as well
as delegation of the duties and authorities and every of these things are required and mandatory. In
addition to this the organization or the employer is needed to accomplish their responsibilities and
obligation towards their workers in relation to the labours loss act of the nation.
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Reference List (if Any)
Gong, X., 2022. Hydrogen Projects: Legal and Regulatory Challenges and Opportunities:
by Dalia Majumder-Russell, London, Globe Law and Business, 2021, 111 pp,£
125.00 (paperback), ISBN 978-1-78742-442-5,£ 125.00 (ebook) ISBN 978-1-
78742-442-5.
Hadi, H., Sulistiyono, A. and Sudarwanto, A.S., 2022. Good Corporate Governance and
Tender Conspiracy in Perceptions of Business Competition in Indonesia. Journal
of Positive School Psychology, pp.11352-11356.
Huong, V.T.M., 2022. Business households in the context of Vietnam's culture and
law. Linguistics and Culture Review, 6(1), pp.127-142.
Keskiner, E., and et.al., 2022. Becoming Successful in the Business and Law Sectors:
Institutional Structures and Individual Resources. In New Social Mobility (pp. 79-
104). Springer, Cham.
Mann, R.A. and Roberts, B.S., 2022. Smith & Roberson's business law. Cengage
Learning.
Meyer, R.E., Leixnering, S. and Veldman, J. eds., 2022. The Corporation: Rethinking the
Iconic Form of Business Organization. Emerald Group Publishing.
Pană, N., 2022 Business law: collaborative economy vs. participatory economy in the
digital age. In Building an Adapted Business Law (pp. 75-85). Societatea de Stiinte
Juridice si Administrative.
Siregar, H.A. and Mustomi, O., 2022. Implementation of the Partnership System in
Improvement Competitiveness of Cooperative Business in Pasir Jambu Village,
Pasir Jambu District, Bandung Regency. Budapest International Research and
Critics Institute (BIRCI-Journal): Humanities and Social Sciences, 5(2).
Wasilewski, R.R., 2022 Term of office as an indicator of independence of the antitrust
authority in the implementation of the ECN+ Directive: experiences of Polish law
and of the Polish antitrust authority. In Building an Adapted Business Law (pp.
303-311). Societatea de Stiinte Juridice si Administrative.
Zhu, M., 2022. Using a CDFI-Like Program to Expand Online Lending to Minority Business
Owners. Columbia Business Law Review, 2022(1).
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