BMP4002 Business Management: Report on the UK Legal System

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 UK's legal systems, further classifying laws into civil and criminal categories, with examples for each. The roles of the High Court and Supreme Court withi...Read More

Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Introduction 3
Part 1: Classifications of Law 3-5
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 3-5
a) Civil Law 3
b) Criminal Law 4
Explanation of the role of the following Courts in the English Legal
system 5
a) High Court 5
b) Supreme Court 5
Part 2: Source of law 5-6
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: Employment Law 6-7
Statutory Duties of Employers to their employees 6
Wrongful Dismissal and Unfair Dismissal Actions 7
Conclusion 8
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Introduction
Business law is a combination of various laws which are requisite to begin and run the
business. Its consist of rules which are required to follow for running a business. It include
federal laws with administrative regulations. UK legal system have constitutional monarchy
where the head of nation is either male or female monarch. The right, duties, immunity,
liability, power, privilege are regulated by the convention. As common law system exist in
the UK which is accumulation of legislation and stare decisis (Hardman, 2022). The function
of court is to implement the law of country the structure of court are as follow: Supreme court
of UK is the apex court of nation. It hear the appeal related to civil and criminal matters of
UK. In criminal court hear the appeal of crown court and civil court hear the appeal of high
court, tribunals and other courts of nation. High court bifurcated into queen's court,
administrative court, family court, divisional court, and court of chancery. The business of
such court to deals with civil and criminal law. Here, this report explain the classification of
law and structure of court in UK.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law refers to rules and regulations which are made by authorities of country to govern the
behavior person. It is alike from scientific law it is made by and declare by human being and
later on can be alter by human involvement. Law laid down by two ways primary source
which cover legislation and judicial precedents and secondary source having textbook,
opinion of judges and legal personalities and the judgment of courts (Ku, 2020). Common
law system govern the UK which is made from the of judicial precedents, customary laws
which is develop from legal reform of king Henry II in 12th century. It comprises of
substantive and procedural laws.
Explanation with examples the following as means of classification of laws
in the English Legal system
a) Civil Law:
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Civil law deals with dispute related to persons, associations or group of associations in which
damages is a primary remedy in a suit between private parties. It is like secular law which
has no religion. Civil law is different from common law which is based on judicial
precedents. There are various kind of civil law such as contract law which specify about
formation of contract between individuals and organization. Generally, in contract dispute
occurs related to formation of contract or not. In such situation there is a breach of contract
for which remedies are there which can be avail from court. Law of Tort is a civil wrong
which is exclusive of breach of contract and breach of trust. The term tort comes from latin
word tor-tum which means to twist. To make a claim in tort the plaintiff has to prove that the
defendant breach a duty of care which suppose to do (Mogaji, 2020). Tort are consist of rule
of strict liability, negligence, battery, trespass, nuisance defamation, and assault etc.
Sometimes damages arises under both contract and tort for making claim under tort it is not
necessary to enter into a contract between parties it can be claimed on the basis of breach of
duty. Company law states about the formation and governing of company it has its own
separate legal identity directors and member are their who run the company. It also deals
with the matters accompanying to insolvency, merger and acquisition and winding up of the
company. Revenue law relates to taxes and duties imposed on persons or association of
persons by the government. Such as income tax, wealth tax, capital gain tax and inheritance
tax etc. Intellectual property law relates with the privileges and liberty regarding copyright,
trademark, patent, geographical indication, design etc. Family law laid down to resolve
matter related to marriage, divorce and parenting of child etc. like Cases regarding medical
care of children of tender age who unable to give consent. In the same way cases of lack of
capacity among adults is a concern of the Court of Protection and also function on
administrative issues.
b) Criminal Law:
Criminal law is deals with criminal matter it is alike from civil law which deals with
commercial dispute. It deals with offender and offences which bring the wrongdoer to court
and by just trial whether wrong doer either acquittal or conviction. Recently the concept of
retribution introduce in criminal system. It has procedure which has to follow such as police
investigation, trial by courts and penalization. In UK criminal law while dealing with
criminal matter principle of beyond reasonable doubt apply. In criminal cases to convict the
accused mens rea and actus reus must be prove. To make any act as criminal these two
elements are requisite and it can be acknowledged by dishonestly, intentionally, fraudulently,
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malice etc. Crown Prosecution Services is an important service to prosecute the cases of
which is cognizance is taken by police. Directorate of public prosecution is the head of it.
The Police and criminal Evidence Act 1984 and code of practice of England give power to
police officer for preventing crime.
Explanation of the role of the following Courts in the English Legal system
a) High Court:
High court UK consider as a 3rd apex court which deal with civil matters and appeals of lower
judiciary made in it. It is like Royal Court of justice having district offices in Britain and
Wales where high court proceedings takes place. It consist of individual judge but in matters
of criminal appeal or judicial review divisional bench will hear the matters. Jury will sit and
decide matter related to defamation, false imprisonment, fraud, malicious prosecution. It
divided into three division Queen's Bench which deal matter related to contract and tort and
crown court deals with criminal matters. Chancellor of high court who is the head of
chancery court deals with civil matters of companies, patent and probate. Family division
deals with matter relating to children and its custody, and also matter of divorce, probate and
medical treatment.
b) Supreme Court:
Supreme Court is an apex court of united kingdom it plays an vital role in development of
UK. In 2009 it replace the house of lords as a last appeal court in civil cases and criminal
cases in England and wales (Nasrollahi and Jafari, 2020). The judge of supreme court called
as president and deputy president. It cannot hear the appeal unless official order not made by
lower judiciary. Supreme court hear the matter on question of law of general importance,
case related to greatest public and constitutional importance. It hear the appeal of court of
appeal of civil division, criminal division and at some extent cases of high court.
Part 2: source of law
Explanation of Case Law as a source of laws
In England uncodified law prevail due to which the functioning of courts depends on judicial
precedent or case law. It is one of the chief source of law which is laid down from judgments
of courts in UK legal system in various law reports. When case law refer it is keep in mind
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that it should be current one and reliable. The development of the law depends upon the
making of reliable law reports which mention the facts, issues and judgment of the court and
also consider legal principles on basis of which judgment is made. The major attribute of
common law is the doctrine of judicial precedents which is a decided cases of the courts form
a irrevocable source of law for future decisions. A judge can refer the decisions of upper
courts.
Explanation the process of making Legislation
In UK two types of law are prevail codified and uncodified. Codified laws means a law in
written form like legislation made by legislative body which extend to the whole of the UK.
Parliament in UK having the authority to make law. It is a superior sources of law and may
not be question in the court. Draft present in a parliament and start debate on it after
discussion bill passed by houses of parliament and send for assent when assent received it
become law which recognize as an Act (Sivani, 2019).
The meaning and examples of Delegated Legislation
Delegated legislation also known as subordinate legislation in which a law made by
subordinate authorities which is authorized by the parliament. As an act made by parliament
are consider as blue print of law the filling of it done by delegated authorities which contain
an administrative details. Such as rules, regulations, by-laws and ordinance etc.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Duties are the liabilities which the person are suppose to do. In the same way employer
having certain duties toward employee like making of guidelines relating to the health and
safety of employee at place of work. Furnish a secure and healthy working atmosphere for
an employees and secure others who are affected by the work. Guarantee a sufficient and
relevant information, direction, training and supervision to his employees. Keep safe and
healthy norms and operation (Test, 2021). Employ responsible personnel who assure that the
safety and health policy are effectively executed and manual and its procedures are strictly
determined and followed. Assure adequate and proper personal protective tools to his
employee. Grant leave in case of an emergency. Follow the norms of minimum working
hours.
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Wrongful Dismissal and Unfair Dismissal Actions
The term Wrongful dismissal means terminate the employment of an employee without
providing the benefits as per employment law. It is alike from unfair dismissal. The prime
ground of breach is an employer dismissed the employee without giving notice or terminate
the employee without following minimum prescribed notice period laid down in an
enactment or in the contract. Prior notice of termination should be mention in the contract of
employment but it should not be less than a week for per year of service, minimal it is one
week and a maximal it is 12 week. It is called as legal minimal notice period (Whiteside,
2021). In case of wrongful dismissal employee need to prove that he is fired by breaking of
employment contract and statutory criteria of notice not fulfill due to which employee go
through from loss. Unfair dismissal action means termination of employment without
providing justified grounds and using wrong procedure by employer against employees.
There may be many reasons of unfair it like deficiency of capability, abusive behavior,
redundancy, break of law, any many other reasons such as not working with particular co-
worker.
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Conclusion
This report conclude that law is a set of norms which is made by legislative authorities for
proper functioning of nation. As law divided in civil and criminal law. Civil law mention
about damages which is a prime remedy between private parties. It based on the principle of
preponderance and in criminal law offences of an accused prove beyond reasonable doubt.
Later part of report discuss about structure of courts by highlighting on high court and
supreme court. High court have three parts Queens's division which deals with contract and
tortious matters, chancery court functioning on civil matters of company and family court
deals with issues regarding child and divorce etc. It also explain about supreme court which is
an highest court in UK. Further it mention about formation of legislation and what is
delegated legislation. At last duties of employer toward employee discuss which mention the
conditions of exploitation. And without giving notice and fair reasons employee can not
terminated.
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Books and references
Hardman, J., 2022. The Plight of the UK Private Company Minority Shareholder. European
Business Law Review, 33(1).
Ku, C., 2020. The Changing Practices of International Law. Edited by Tanja Aalberts and
Thomas Gammeltoft-Hansen. Cambridge, UK: Cambridge University Press, 2018.
Pp. xix, 251. Index. American Journal of International Law, 114(1), pp.173-177.
Mogaji, E., 2020. Brand name nomenclature of UK law firms. Available at SSRN 3644042.
Nasrollahi, S.N. and Jafari, N.F., 2020. A Comparative Review of the Legal Framework
Applicable to E-marketing in Iran and the UK.
Sivani, K.M.S., 2019. Critical Analysis of the Effects of Regulations under Competition Law
on Mergers and Acquisitions: A Comparison of the India, EU, US and UK
Laws. Journal of Corporate Governance and International Business Law, 2(2).
Test, R., 2021. An Unwelcome Development in the UK Corporate. BUSINESS LAW
INTERNATIONAL, 22(2).
Whiteside, N., 2021. Before the Gig Economy: UK Employment Policy and the Casual
Labour Question. Industrial Law Journal, 50(4), pp.610-635.
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