BMP4002 Business Law Assessment 1: Analysis of UK Legal System

This report provides a comprehensive analysis of the UK legal system in the context of business law. It begins by defining laws and identifying the legal systems in the UK, further classifying laws into civil and criminal categories with relevant examples. The roles of the High Court and Supreme Court within the English legal system are explained, followed by an exploration of case law and legislation as sources of law, including delegated legislation. The report also delves into the UK law-making process, specifically focusing on employment law, statutory duties of employers, and actions related to wrongful and unfair dismissal. The report concludes by summarizing the key aspects of the UK legal system and its implications for businesses operating within the UK.

BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
The term law carries a great amount of significance as it contains and carries the legal
power according to which all the judiciary, legislature and executive systems of countries like
the United Kingdom works. The following report will accurately cover the mentioned aspects
in the particularly chosen context of business law which is implemented in each country
comprising UK (Wevers., 2021). This report below will accurately relate about the several
dimensions that connect to the aspect of business law in the specified context of the United
Kingdom through first depicting law, then business law including its civil plus criminal
divisions. It will later illustrate specific roles of different courts, its law source, procedure and
implication of delegation along with finally describing and analysing the process regarding
creating employment laws, wrong and unfair dismissal of actions.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
In the specific context of the United Kingdom the country has a stable, solidified, and
segmented legal systems which are representative of the varied legislative elements and
processes that are comprised under them (Cupido., 2019). Given its historical origins, the UK
legal body could be divided into two main components that is now delineated and applied in
the form of its England, Wales and Northern Ireland specific regions. This specific legal
palate of business law concerns to that law which is superimposed within professional and
organizational setups the absence to adherence for which can result in associated penalty and
suspension of business practice. In present context of the United Kingdom, the jury and
legislative system linked to laws seem categorically applicable according to 'Acts of Union'
year 1707-1800. It could be related with its prospective legal frameworks of business law and
corporate law below which falls two sub-sections of two fields of 'corporate governance' and
'corporate finance'. The UK law of business has been specially designed for unique regards to
its various kinds of business modules that include sole proprietorship, partnership, limited
enterprise, confined liability partnership, limited liability organization, etc.
Explanation with examples the following as means of classification
of laws in the English Legal system
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a) Civil Law:
As per its name suggests, the word civil implies event or anything that comes under a
specific framework of place, country, society or community connected areas the integral
active elements of it would constitute its national denizens and relative surroundings
(Pencheva., 2021). In this particular context of United Kingdom's legislative classifications
such legal dimensions of the civil law consists of varied types of behaviour which display
injuries related cases concerning individuals, infrastructure, assets, communities,
corporations, and other such constituents. Few generic examples regarding this for UK
legislative scenario can be that of family issues, marital fights, negligence of civil
partnerships, or personal/physical and societal mishaps like road accidents, defamation cases,
etc. According to the brief of it provided by Geldart in his introduction to English Civil Law,
it could be clearly said that a main defining aspect which basically demarcates this law versus
criminal and any other legal entity was the aspect of which result does the implementation of
such law serves that is termed 'redress'. Significant example of this law case comprise breach
of agreement, remuneration law, etc. the agreements where are not respected and
discrimination prevails instead of its absence.
b) Criminal Law:
Against civil law, this criminal law basically pertains to handling cases concerning
offences or procedural breaches of rules which impacts its nearby society in a degrading and
upsetting manner (Emerson., 2016). It can be explained with such view that is in issues of
criminal aspects only single person does not get affected but the whole gamut of the society
gets disruptive. In these cases UK's Parliament Acts has been deemed area of the criminal law
which is subject to natives of Wales and England. The UK legal system possesses a
comprehensive agreement of initiating actions for the actors of such offences of acts of
criminal deviancies the follow-up of it is presented in front of the CPS (Prosecution Service
of Crown) which is led by a royal hearing within court for Magistrates. Some examples in
which this law is recognized and implemented comprise criminal disruption to citizens,
material wealth, and firms; physical offences or assaults, perpetrating killings/punishable by
law crimes, drug dealings, plus illegitimate obtaining of money. The English criminal law
focuses on handling the elimination of these malfunctioning features which deteriorates
society's and nation's tranquility.
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Explanation of the role of the following Courts in the English Legal
system
a) High Court:
The legal procedure in United Kingdom comes under its country's major constituent
parts of governing administration named judiciary plus the remaining two being namely
executive/governmental and legislative (Miller., 2016). Judiciary in capacity includes three
bodies that goes as the Supreme and high courts and the House for Commons. UK's high
court pattern is known as the 3rd largest law-making body of rules which mostly manages the
civil cases and related grants and denies appeals which come from lower courts and courts of
its levels. Its central headquarters are located at the Royal Court of Justice; although its
various district councils are also working in its major areas of the nation where the connected
issues get identified, acknowledged and solved. The British High court is formed of 3 specific
divisions which are the Queen's Bench, family and chancery divisions. Its vital roles could
also be attributed as per the several divisions below which its judicial review seems based on
current residing monarch's judgement towards whom urgent cases of solvency like business
conflicts and immediately required civil concern cases are transferred for equal hearing
including order of sentence. In such particular scenario of business law aspect UK high court
possess another duty to fulfil which is led by the business (commercial) court division below
which it mainly deals with jurisdictional, country-wide and international business disputes.
b) Supreme Court:
Higher above the local or High courts and its related legislative component nodes is
the topmost and individually vital legal body namely Supreme Court which is final place of
pleadings in this country of UK upon which exists no other judiciary body (Mallor. and
Barnes., 2020). Cases of disputes that are not adhered to in high court later on gets taken to
this apex court in which every kind of city-related, crime-oriented, organizational and
company business law issues are registered, subpoenaed, appealed, and attended after. In
special context of the particular geographic boundaries, many of such cases which come filed
from England, nearby Wales and its Northern Ireland counterparts and zones are admitted at
this supreme court which studies these cases based on every one of its arguable areas of legal
concern and which are of extreme constitutional importance. This supreme court denotes,
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focuses on the concerns and concentrates specifically on those cases concerning the greatest
public, local, and business importance plus also aids in fuelling the effectual development of
its subsidiary responsibilities of other courts including this particular role that tells much
about UK's apex court as the top leading body of legal importance in these civil and corporate
law zones.
Part 2: Source of law
Explanation of Case Law as a source of laws
The case laws refer to the laws which are designated and drafted on such basis of few
previous cases and with respective of certain verdicts formed and based on them. These are
moreover known as layman laws since these are founded on very common aspects. The
elaborate facts taken from such past legislative and judiciary decisions are totally referred and
determined by this specific source of regulation as this highlights multiple wide spectrum of
the conditions in the current contexts (Kubasek. and et.al., 2019). According to one Latin
phrase that goes like “Stare Decisi” it is deemed that be and let these decisions gain ground,
making it the yardstick principle which is worked upon by the jury/judge, that also concerns
the specified sources of laws for the making of new rules. Such standard principle
furthermore respects numerous judgments including decisions formed by some previous
judges considering mostly their thinking influence regarding decision-making. Such source of
lawful-regulation serves as an interpretation of many situations from relative past that are
focused from varied sources to exemplify the legislative bodies.
Explanation of the process of making Legislation
The process of formulating legislation encompasses varied number of stages and steps
which are compulsory for the passing of several bills. In such a process it should and must be
that specific bill first should go through every stage of lord. This step first is related with
studying of such bill, that must be read in closed chambers. After this step, there comes a
debate regarding the integral concept and its areas, which is commenced to determine and
accomplish requirements of various alterations which are required in this bill. Step number
three of legislation-making, seems associated with each member of UK parliament for
carefully looking through entire whole bill for the creation of the accurate formation of this
by acknowledging every of the little changes that need to be inserted. Such stage might also
include voting since it is linked with the changes. The later amendments in such bill would be
made with voting in its report stage. Furthermore, the next stage will be final step in which
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the last amendments are made. It is this considering step where all related corrections and
altercations are finally filtered and are dispatched ahead towards commons house regarding
the motive of extra acceptance (Kozhevnikov., 2022). The final changes are created by
common house after which it is sent to the lords for their concern of retracing which is
continual till such bill gets passed.
The meaning and examples of Delegated Legislation
The delegated legislation can be defined as rules that are handled by country's
government bodies. Notwithstanding any legal bodies, it is managed by UK's ministers.
Though it is to be noted that these ministers are extended the influencing power by such
parliaments only. All the statutory tools are the and form the topmost widely utilized and
applied delegated legislation. There exists also four kinds of delegation of legislation namely:
 Orders of the Council
 Instruments of Statutory limitations
 By laws
 Sovereignty of Parliament
There exist also almost 3000 of such legislations which are created and processed every year.
Although, only a thousand (1000) are deemed as considered.
Example of Delegation Legislation: Certain powers of emergency which are processed and
exercised by these ministers concerning any purpose for introducing force and power politics.
Privy zones of council lords generate the issuing orders of council. It is then utilized for the
motive of dominating and regulating the legal-professional bodies especially for its higher
segment of education.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
The aforementioned statutory duties refer to those laws that are regarded important for
many business organizations, for numerous members relating to diverse professions in
conjunction with the governmental codes to obey (Kelly. Hammer. and Hendy., 2017). For
instance, like some hospitals attribute their duty for their patients. In the context of UK, there
exist different laws that formulate, define and determine the roles and duties of its employers
to their employees. From a number of associated statutory duties regarding the bosses, as are
mentioned; the role of providing a healthy plus secure environment in a workplace for the
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staff, the responsibility towards the goodwill prosperity of the personnel, the role of assessing
varied threatening risks at a workplace including the correct identification of multiple factors
which might generate harm towards the workers' mental health and physiological health in a
professional workplace. All such duties fall under these statutory duties regarding the
employers for their employees. Each single component which harms the experience of the
staff at the company needs to be removed by those concerned and every particular thing
which can be improved and enhanced for the employees must be done effectually and
efficiently through provision of training episodes at a regular pace. These statutory duties are
also known for increasing productivity levels of employees in the business firm.
Wrongful Dismissal and Unfair Dismissal Actions
The discharge and redundancy without specifying and provision of any purpose by the
business organizations are seemed as unfair and incorrect terminations (Scotford., 2021).
Such cases mainly appear during the employers and the companies are holding resentment
towards the workers of their company. But for such concern there exist also some rules and
law-abiding regulations and rights proffered towards the employees for seeking the main
reason for their expulsion and related dismissal and the purpose should need to be as per the
companies' policy frameworks and laws. When the purpose does not seem appropriate, it
gives the staff a superior hand for accomplishing justice, and those can register plea as per the
norms in associated courts. The workers are also provided rights for claiming proper reasons
related to the inaccurate dismissal while they have been given the period of two years as the
criterion set by the company.
Conclusion
From the above report it can be concluded that it has accurately and comprehensively
conducted a complete analysis of the entire coherent structural framework pertaining to the
business law in the particular context of the United Kingdom. The report has analysed that
there are various kinds of laws that relate to many dimensions like civil, criminal and
corporate. Starting from the identification and description of UK's legal system the report has
properly explained with examples the areas of civil and criminal laws along with the
elaborate illustration of the roles of both the high and supreme courts that persist in the
English legal system. It has explained the source of law through case law explanation which
has been followed by extensive descriptions of the legislation making process and the
meaning of delegated legislation. Finally, it has covered the statutory duties of employers
towards employees which is later on followed by an elaborate illustration of wrongful
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expulsion and unfair dismissal actions.
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REFERENCES
Book and Journals
Cupido, M., 2019. Common Law and Civil Law Approaches to Excessive Group Crimes.
In The Common Law and the Civil Law Today: Convergence and Divergence (pp.
289-316). Vernon Press.
Emerson, R.W., 2016. Business law. Simon and Schuster.
Kelly, D., Hammer, R. and Hendy, J., 2017. Business law. Routledge.
Kozhevnikov, V.V., 2022. About Delegated Legislation. SIASAT. 7(2). pp.82-98.
Kubasek, N.K. and et.al., 2019. Dynamic business law: The essentials(pp. 28-50). McGraw-
Hill Education.
Mallor, J. and Barnes, A.J., 2020. Business law the ethical, global, and e-commerce
environment.
Miller, R.L., 2016. Business law today, comprehensive. Cengage Learning.
Pencheva, M., 2021. EU-UK police and judicial cooperation in criminal matters. Springer
International Publishing.
Scotford, E., 2021. Legislation and the stress of environmental problems. Current Legal
Problems. 74(1). pp.299-327.
Wevers, H., 2021. A Basic Guide to International Business Law. Routledge.
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