BMP4002 Business Law: Classifications, Sources, & UK Legal System

This report provides a comprehensive overview of the UK legal system for business law, covering classifications of law (civil and criminal), sources of law (case law and legislation), and key aspects of employment law. It explains the roles of the High Court and Supreme Court, the legislative process,...Read More

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
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
High Court:.............................................................................................................................4
Supreme Court: .....................................................................................................................4
Part 2: Source of law..................................................................................................................5
Explanation of Case Law as a source of laws ...................................................................5
Explanation of the process of making Legislation.................................................................5
The meaning and examples of Delegated Legislation...........................................................5
Part 3: UK law making process: Employment Law ....................................................................6
Statutory Duties of Employers to their employees ............................................................6
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................7
Conclusion..................................................................................................................................7
References..................................................................................................................................7
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Introduction
In all the country there is been seen that the development of the rules and the
regulations is variably being important their involves all the rights and the regulations through
which the engagement and their abiding laws can be merged. Their involves that in UK there
is been seen that their constitution is partly written and not wholly codified. For all the nature
and the means with the major technicality their analyzed that all the work are needed to be
adapted and the law is evolved with the mean time for the general nature and their benefits.
Law enforces the command and their working through the superior nature and their variable
governmental authority(Cormacain, 2021). This report will cover all the classification of law
with the different sources and the mere legislation and their further case laws implementation.
There by it will also manage to have the statutory obligation of all the legal rights.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Legal system of UK is the most important element in which the constitutions is
unwritten and not fully codified. Their is been seen that all the laws and the mere tendency to
maintain the balanced and their regulations is through the imposition and the adaptability of
the work. Law is the command which is been provided by the superiors in order to manage all
the orders and to create a positive approach in the society. Their implemented the methods of
working and their adaptability in all the areas through which the considerable conditions are
taken place. In UK their is statutory and common law in which prior deals with all the bill
enhancements and the legislative areas and the later one is the judges made law. They helps
in making the legal system to be managed properly and also in conducting the improvisation
with all the legal authoritative values. The house of commons and the house of lords manages
all the codification and the making of rules and regulations for the government and their
terms(Gordon, 2021).
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
The civil law is comprised with protection of all the person for their property rights
and also helps in attaining and maintaining the work in order to maintain the legal nature.
Their is complied that all the disputes related to the property and also for the breach in the
agreements with the general incompetency to perform any contract is being made under it.
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Civil helps in setting the disputes which are related to land and the property. The courts
which deals with the civil law are like the county court, supreme court, high court, family
court, employment tribunals and many more. The major relief that are been provided by them
to all the persons are like the injunctions, damages, specific performance of contract,
compensation and many more(Gorsky, and Mold, 2020).
b) Criminal Law:
These are all the laws which are been made by the government in order to provide all
the protection of the person safety, morality and their working nature. The criminal law is
made for the protection of the society from various issues which can affect their image and
can also attain and maintain the nature and the working conditions. The courts which mainly
considers and deals with the criminal issues are like the Queens bench, chancery court,
juvenile court, high court and supreme court. The main elements and the punishments which
are been provided in the criminal law are like the death penalty, fine, imprisonment and many
more. Some of the crimes which are seen in this are like assault, murder,rape, theft and many
more. Thus their main aim is to manage and remove the heinous crimes from the society and
also maintain the law and order and protection with the help of criminal law(Avbelj, and et.
al., 2020).
Explanation of the role of the following Courts in the English Legal
system
High Court:
This is also been known as the Her majesty court in England it is the most important
court which manages and involves all the issues and the cases related to the criminal and the
civil matters. Their is analyses that all such cases in which the contemplation can be
maintained and there is seen that civil issues are undertaken. The major areas and the
divisions which are being seen in the high court are like the Queens bench, county court,
family divisions, court of appeals and many more. High court manages and also maintain the
law and order all the appeals which are being made by the lower court are examined and
judged by the high court. This also provide the judgment related to the general conditions and
the matters for the public safety. The individual which are not satisfied with all such works
can go to the supreme court for the future appeals (Castka, Searcy, and Mohr, 2020).
Supreme Court:
This is the final court in which all the final judgments are being made in regard to the
management and the public safety. As this court will merely manage and hear all the final
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hearings in which the appeals which are being made by the high court. This involves the
working nature and the courts order for the public safety and importance. Their is analyses
that all the nature and the working is generally being adapted according to the material facts,
arguments and the evidence collected. Supreme court contemplates and maintain the law and
order through which all the general working can be in-framed. Their is also seen that the
supreme court gives the final judgment through which all the law and the order make binding
decisions on the parties and can maintain the judicial precedents and common law (Dahan,
and et. al., 2020)
Part 2: Source of law
Explanation of Case Law as a source of laws
These are the common laws in which all the judges made laws are being taken as the
important source. Their involves all the work and the nature through which the common law
can be stipulated. As when the judges heard any case they consider all the material facts with
the evidences and the general working and nature. Their is been seen that in all such areas
when such cases care taken to manage the landmark judgments which are related to the
public importance then it will be treated as the judicial precedents. All the case laws in UK
are the most important law making process as it is been managed as the law report and their
further transcripts are managed and framed. For all the work and their general nature their the
judges involves their working and their nature as in accordance to the cases and their
judgments (Peng, 2021).
Explanation of the process of making Legislation
It is the important law making process as in UK there is seen the statutory law
making through which all the rights and the adaptability can be underlined through their main
focus and sources. The legislation are the key materials and the facts as it provided that there
are mainly 2 houses which are like the House of commons and the House of Lords through
which they make the bill. All the issues which are needed for the public importance are taken
in the considerations and all a discussion is held in which the bill will be introduced. Both the
houses will have the voting rights and there is been seen that all the loopholes, considerations
and the necessary changes are taken as adverse. Once the royal assent is given to the bill by
the monarch then it will be bind on all and will be applied as an Act on all the individuals.
The meaning and examples of Delegated Legislation
The delegated legislation is mainly all the subordinate legislation where all the law
making powers are being opted and given to the person who were having the rights and the
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considerable expertise knowledge. Their is been seen that in it all the transfer of the rights to
the another government and the ministers is been taken place their involves that all the nature
and the working is managed accordingly. Some of the major example of all the delegated
legislation are like the by-laws, ordinance, rules and the regulations. This is generally been
taken as it is a time saving process and it involves all the rights and the duties for all the
citizens without any delay (Dyer, 2021).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment act 1996 is an important tribunal which is made in order to manage and
maintain all the rights which are being related to the employees who are being working in the
company or the organisation. As their main focus is to remove discrimination and also to
promote equality in all then working areas. Their is been seen that in all such varied places
the major rights and the involvement where the companies generally focus are like the duties
to maintain and manage all the statutory obligations by the employers towards the employees
who are working in the company. Some of the major rights are like:
 Their should not be any kind of discrimination seen in the organisation by the
employers to their employees on the basis of religion, race, sex, color, caste etc.
 The salary and the wages are needed to be given on timely manner which implies that
their should not be any issues regarding the payment and all the employees should be
paid the salary without any discrimination(Iacobucci, 2020).
 Proper training and developments sessions should be given to all the candidates who
are being working in the company in an effective manner. Their is been seen that all
the other employees should also get the training in timely manner so as to implies and
manage and avoid all the accidents in workplace.
 Their is required that proper care for the health and hygiene is needed to be managed
and their involves and need to manage the work accordingly. It contemplates that all
the rights for the person are being administered under it. Proper supervision is needed
to be taken by the employers for the employees work.
 Leaves should be provided timely to all the m,embers and there is analyses that all the
maternity, paternity and sick leaves been given to the members in proper and adequate
time.
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Wrongful Dismissal and Unfair Dismissal Actions
Their is seen that the employment act mainly have some certain rules for termination
in which they manage the rules and the proper notice will have to served accordingly.
Wrongful dismissal are4 generally all those termination in which no notice is served to the
employees and the dismissal to the person is done in wrongful manner. Their implies that all
the rules and the regulations are embodied according to the employment act. In all such areas
where the employees without being making aware about the dismissal are directly terminated
then it will be amounted to wrongful dismissal. In all such cases the employees can go to the
tribunal and ask for the compensations and adequate relief (Smith, 2020).
Unfair dismissal is mainly dismissing any employee in an unfair manner without
making them aware about the actual reason for their dismissal. Their is also seen that all such
cases where no adequate reason is given for dismissing then it will be covered in it. Unfair
dismissal will be like for all the employees working since 2 years and they can file for it
within 3 months tenure of being dismissed. Compensation and the damages can be asked
within the allotted time period by the employees.
Conclusion
It is concluded from this above report that law is the most important command
through which all the government can regulate and manage the functions and the
implications. Legislation is a law making authority which manages all the law through
enactment of bill and general conditions of reading and managing the bills. Their can be seen
that case laws are the common laws in actions which manages the judges made rules and
regulations. Further it is also concluded that employment tribunal helps in maintain the rules
and statutory obligation for employees like the training and development and the health and
hygiene.
References
Dyer, C., 2021. Judge overturns decision to strike consultant surgeon off medical register.
Dahan, S., and et. al., 2020. The Unpredictable Nature of Termination Notice: A Data
Science Experiment. McGill Law Journal, Forthcoming.
Avbelj, M., and et. al., 2020, August. EU Financial Regulation Soft Law in the Member
States: Finland, France, Germany, Italy, the Netherlands, Slovenia and the UK.
Solar.
Cormacain, R., 2021. legislation in Northern Ireland.
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Gordon, L., 2021. Banking on your workers: avoid falling foul of employment legislation.
Nursing And Residential Care, 23(9), pp.1-4.
Gorsky, M. and Mold, A., 2020. Documentary analysis. Qualitative research in health care,
pp.83-96.
Castka, P., Searcy, C. and Mohr, J., 2020. Technology-enhanced auditing: Improving veracity
and timeliness in social and environmental audits of supply chains. Journal of
Cleaner Production, 258, p.120773.
Peng, H.Z., 2021. Tackling Tax Avoidance in the UK and Singapore. Sing. Comp. L. Rev.,
p.134.
Iacobucci, G., 2020. Pandemic preparedness: Government must release 2016 report, says
information commissioner.
Smith, O., 2020. Researching English Sexual Violence Trials Using Court Observation
Methods. SAGE Publications Ltd.
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