BMP4002 Business Law: Analysis of the UK Legal System for Businesses

This report provides a comprehensive overview of the UK legal system as it pertains to business law. It begins by defining laws and identifying the civil and criminal legal systems in the UK, further explaining the classifications of law with examples. The role of various courts within the English legal system is also discussed. The report then delves into the sources of law, including case law and legislation, and explains the process of making legislation, including delegated legislation. Finally, the report examines UK employment law, covering statutory duties of employers, wrongful dismissal, and unfair dismissal actions. This document is available on Desklib, a platform offering a range of study tools and solved assignments for students.

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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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: .................................................................................................................4
Explanation of the role of the following Courts in the English Legal system........................4
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: .................................................................................................6
Employment Law ..................................................................................................................6
Statutory Duties of Employers to their employees ............................................................6
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................7
Conclusion..................................................................................................................................7
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Introduction
Business law are the law that has been developed in order to form business
organization according to legal structure provided by a country. These laws makes
development upon certain aspects which directly impacts business organizations
functioning. Also business law makes both goals with objectives achieved in more
effective manner. These laws makes business organization work as per legal status
of an organization. In this major aspect of business has been covered that makes
effectiveness formed for providing guidance regarding its functions. Business law
makes business organization covers aspect in order to attain legal status. These
laws makes business structure developed making business organization perform
functions with ease. Business law has been handling various activities which is
based upon business functions. Scope is wider as it has tendency ti impact business
organizations and its functioning. In this report things covered is based upon various
kinds of law and sources of law. In the end employment law has been covered.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Laws refers to those factors which is used in forming various aspects that are
exist in society or community. Different legislation has been used by laws in order to
improved legal structure of the country in effective manner. It also used to deal with
various activities which cause negative impacts on the society. According to the legal
system of UK two main laws are exist which are civil and criminal laws. They are
basically used in dealing with different aspects of society. Civil and criminal helps
legal system performed in effective manner(Gore and Camp, 2020).
Explanation with examples the following as means of classification of
laws in the English Legal system
a) Civil Law:
Civil law plays an important role in order to deal with civil aspects which has
been take place within society. These laws are basically used for dealing private
problems or issues which is faced by an individual living in society. This will formed
to understand behavioral patterns of an individual that exist in society. Civil laws
formed great impact on society when an individual conduct wrong things. This will
also help legal system in order to served justice in more effectual manner. The
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important factor of civil law is civil procedure code which helps legal system to
served justice for the society. By the use of civil code procedure various type
process can be understand in most relevant manner. It is also used in serving justice
in civil cases. Civil law used common law in order to mark better decision in those
cases in which statutory civil laws fails for providing justice to them. Justice related to
the matters of property, contact law, law of torts and employment law can be secured
with the help of these laws. These laws also formed different kind of effective
principles which help in taking justice related to private law. It is a civil code based
legal system and also different from criminal law.
b) Criminal Law:
Criminal law refers to those laws in which various prospects formed in order to
deal with those crime which has been take place within a society. These laws have
an ability to give an great impact on society by dealing with criminal activities which
has been creating problems for the society. This also help legal system by identifying
those elements which increasing crimes in a society. These laws deals with crime
with the help of legislation or acts in which punishments has been mentioned
regarding to the particular crimes which has been take place in the society. Criminal
law offenses are also known as crime under the law. In this law criminal procedure
code has been used in which different procedure has been mentioned related to
trial and proceedings and also help in taking investigation which has been required in
order to solve criminal cases. Various offenses has been covered in these laws are
like assault, kidnapping, murder, mob bleaching, rape and extortion which helps in
serving justice in relevant manner. Psychotic people and criminals are to be handle
in these laws in effectual manner (Faulconbridge, 2019).
In respect of this criminal procedure code has been used by courts in which
various process has been covered related to different proceedings and trials. These
laws formed different legislation in order to punished criminals by charging penalties
from them according to their offense. With the help of these society develop safety
and security related to their public which can be affected from criminal cases.
Explanation of the role of the following Courts in the English Legal
system
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High court is an essential part of judicial system of United Kingdom. This court
basically used to handles all types of cases related to criminal and civil law.
According to the judicial system of United Kingdom this is a second highest court for
appealing. This court has been divided in three parts i.e. Chancellery bench,
Queen's bench and family Bench(Davis and Geyfman, 2017). In Queen's bench,
cases related to crimes are to be handled and judgment has been also provided in it.
In Chancellery bench, cases related to civil and private cases are to handle in this
and judgement is also provided. And in Family bench, cases related to marriage and
child born are to be handle here and judgement is also provided. All these division
make English legal system easiest and simple. High courts have power in order to
make rules which has been applied in lower courts for their proper function.

Supreme court is one of the most important or powerful court of legal system
which helps society to pass judgements by applying relevant law in it. It will legal
system by protecting fundamental rights and constitution of United Kingdom. Various
power has been provided to these laws which make it effective in order to served
justice. Supreme court is also handle those case in which lower courts failed in order
to pass judgements on over it. Supreme court have various powers in which quasi
judicial functions formed legal committees in order to deal up such cases. With the
help of common law new laws has been formed in order to make justice has been
served in real manner.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law is one of the most important source which has been used in order to
make law formation possible which helps in making justice served in its real sense.
Through this source statutory law are improved when they fail to serve justice and
loopholes are created within it. In this source common law principle is applied
making landmark judgments created which is used as law in future. These source
uses facts, issues and legislation that is analyzed in detail to understand basic
problem related to case on situational basis. It helps in making justice served in its
real sense.
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Explanation of the process of making Legislation
Legislation is another source which is used in order to form permanent law
that is statutory in nature. The law formed form legislation is used as statutory law
which is based upon issues effecting society. In order to form law three reading
process has been specified within constitution of United Kingdom. Through this
justice has been served by enhancing functions of judiciary (Simons and Handl,
2019).
The meaning and examples of Delegated Legislation
Delegated legislation is related to the process which includes administrative
work. It has been created to give power through an ordinance. This makes burden
reduced over executives by allowing administrative actions taken on time. In this an
ordinance is passed within which all information related to formation of authority has
been mentioned with time period. This is an important aspect present within legal
system of a country. It has been helping in making power to be segregated in the
right hands. Example in relation to delegated legislation is, ministry exercises power
of applying emergency and can also be applied with the help of Privy Council.
Part 3: UK law making process:
Employment Law
In these laws various aspects in relation to problem faced by employee has
been discussed. Also the law includes rights and duties of employees that is required
to be followed by a company. In employment law different factors regarding
employment has been covered which are quality, wages and rights that cannot be
taken from employees as per work done by them(Strathausen, 2017). In the laws
legislation that has been covered are Equality Act 2010, Employee Right Act 1996,
National minimum wage Act 1986 with Health and security act 1985. The law has
been formed with strong relationship between employer and employee. These laws
has been given power to employees in order to make compensation attained over
damages.
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
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 They helps in maintaining health and security of employees. It is one of the
most important duty to be followed by employer within an organization through
developing health care policies.
 Wages of employee's handled in more secured manner through proper legal
structure. This is based over providing wages in legal manner and provided
salary on time.
 Employee's requires to treat equal manner and no discrimination should be
done. This increase diversity within work place which makes unity developed
within an organization.
Wrongful Dismissal and Unfair Dismissal Actions
In employment law unfair dismissal has been explained which is based upon
Employees Right act 1996(Yusoff and Oseni, 2019). Section 92 of the act has been
explained that dismissal without any valid reason is not legal in nature. According to
the act an employee can only be dismissed when valid reason exists which is related
to fraud, theft and ethical code of conduct. In this an employee must violate any of
the rules and regulations of employees.
Conclusion
Business laws are the laws that has been used in order to make business
organization formed in more effective manner. These laws regulates functioning of
business laws which makes business organization operate with proper legal
structure. In this report things covered is based upon civil and criminal law which has
helped in making legal system of United Kingdom formed in more effective way.
Further, legislation, delegated legislation and case law has been defined which
makes law formation possible as per societies aspects. Then employment law has
been covered with full dismissal of employee.
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