BMP4002 - UK Legal System: BSc Business Management - Business Law

This report provides a detailed analysis of the UK legal system for business, covering various aspects such as the classifications of law (civil and criminal), sources of law (case law and legislation), and the UK law-making process, with a focus on employment law. It explains the roles of the High Court and Supreme Court, statutory duties of employers, and actions related to wrongful and unfair dismissal. The report concludes by emphasizing the importance of business laws in forming effective business organizations and ensuring legal compliance.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
1

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
2

Introduction
Business law are the law which is used in order to form business organization
in more effective manner. These law helps in making development of proper legal
structure possible that leads towards development of business organization
according to legal structure existing within an country. Business law has helped in
making development of legal structure in more organized manner which helps in
making goals and objectives which are formed by business organization. In this law
various legislation has been formed which makes business operate with more
effectiveness. Also the law has makes business organization attain sustainability
within its process. Further, business law makes rules and regulations formed upon
functioning of business organization. Scope of these laws are wider as it covers
about various aspects existing within corporate world. Nature is dynamic as it directly
impacts functioning of business organization. Report covers about the concept in
relation to legal system of an country. The source of law has been explained through
law making process within an organization. In then end law making process of
business organization has been discussed.
Part 1: Classifications of Law
a) Define laws and identify the respective legal systems in the
UK
Laws refers to rules an regulations which has been formed for purpose of deal
with different aspects present in community and society. These laws help society to
secure correct justice and provide legislation. It is a laws responsibility to overcome
from all the social factors that is present in the society or community. Rules were
applied for developing the legal system of the country laws are formed. Civil and
Criminal law are two useful and important law that is used by the Legal system of
United Kingdom. These laws helps United Kingdom to understand all those factors
that has a drastic impact on environment of the society. By using civil and criminal
law legal system of UK develop its English Legal system for forming legislation with
more appropriate manner.
b) Explanation with examples the following as means of
classification of laws in the English Legal system
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a) Civil Law: Civil law plays a vital role for dealing civil issues that is present in
the society are affected from private issues of individual's that exist in society. In
other words civil laws are that which are formed to develop the society(Conant,
2018) . This helps the society to understand individual's behaviour towards their
country or their society. This also help to develop laws in to stop civil wrongs that
was conducted by the person which make disturbance in the environment of the
society. It is also leads to make served justice in appropriate manner. It is a
procedure of forming civil laws that is covered in a code of civil procedure that help
the justice served in society more relevant and effective manner. This makes the
civil laws apply in society in their real aspect form. This help the society to serve real
or correct justice on civil cases. These laws develop various aspects in order to
make justice more effective and strong. For serving justice in real manner these laws
are developed. Civil law has two meaning , first it means it is an private law for an
individual such as their contract cases, personal injury or any other disputes which is
legal between two individuals. It is different from criminal law. Second it means it is
an civil code based legal system. .
b) Criminal Law:
Criminal law is that law which work on those factors which help the society to
deals with those elements which increase the crime in the society. These laws has a
ability to impact on the society at large level. Further, it is a law deals with the crime
that take place in the society and that has great social impact. Under this criminal
nature is affected by the annoyance or wrong done by an individual. Criminal
procedure code is used in criminal laws which defines the various aspect that
present in the society. Criminal law is dealing from criminal activities that helps
served justice in effective manner. These laws work on crimes like assault, murder,
kidnapping, rape, extortion and mob bleaching in order to served justice against
these crimes. These laws handle psychotic people and criminals in appropriate or
effective manner.
In criminal law court used criminal procedure code which covered various
process with different trials and proceeding . The different legislation which has been
formed by these laws helps the court to punished criminals with the penalties in
accordance to their offense. These laws helps the society to develop public safety
and security in relation to criminal cases(Beckers, 2018).
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Explanation of the role of the following Courts in the English Legal system
High Court:
High court is an important part of judiciary for dealing civil and criminal cases.
The high court has a authority for dealing those appeals which was given by the
lowest court judgement. United Kingdom divides the judicial system that present
within high court are Chancellery bench , Family bench and Queen's bench. Queen's
bench handles all types of criminal cases that presents in the society. The
chancellery bench of high court dealing with civil cases of the society in more
appropriate manner. Family bench of high courts deals with marriage related matter.
All these division helped in creating legal system more effective and also helped
them to develop more appropriate and become strong for High Courts of UK.
According to this any case has not been deal directly in the court due to the
presence of hierarchy system.
Supreme Court:
Highest court for appealing is supreme court as it has a power to listen those
cases High court passes judgement . The Supreme court heard those appeal that
challenged the high court judgement in particular cases. It is the responsibility of the
supreme court to protects judicial framework which is formed in country. Protection
of fundamental rights and constitutional of country is the duty of supreme country.
These courts have authority for dealing various problems that has been faced by the
society people from which any fundamental rights break. These courts has a
authority which allow them to create sub committee that prepare report about the
impact of legislation over society.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law is one of the most important source that is present within legal
system of a country. They are based upon common law principles through which
judgment has been passed by judges after analyzing about facts and issues in
relation to particular case. Through the source new law has been formed in order to
increase transparency within legal system of an organization. As per the source
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landmark judgment has been passed which is used in future reference over
situations existing within society. This is helpful in securing justice in real sense
making judiciary process more effective in nature(Alpa, 2018).
Explanation of the process of making Legislation
Legislation is one of the most important thing which used process making law
developed upon issues existing within society applied in United Kingdom. Through
this statutory laws has been formed in relation over issues existing within society. In
this three reading process has been used in forming laws as per legal structure of an
organization. Laws formed makes justice served in more effective way.
The meaning and examples of Delegated Legislation
Delegated legislation means that kind of legislation formed by passing an
order through executive. In this powers is divided to subordinates providing authority
to act in particular situation. This source has helped in making legal system of
United Kingdom more accurate. It allows burden reduce over executives by allowing
power to be segregated with other authority helping in making applicability of law
more effective in nature. 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:
Legal system of United Kingdom is one of the most effective legal system which is
based over various organs used in forming law. These organs are legislative,
executive and judiciary. They have been explained as follows:
 Legislative: This is one of the most important organ that has been used in
order to develop laws in more effective manner. It uses three stage reading
process within which first stage bill is presented and no discussion is done
over it. Then comes second stage in this discussion is done about the bill
within House of Commons and Whipe system is used for voting. Then comes
third stage which makes bill is send to house of Lords and then bill is send for
royal assistance which makes bill become permanent law.
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 Executive: This is second important organ which handles all kinds of work in
relation to applicability of law. As per this organ power given to executive
makes laws more effective as per societies demand. It helps in making legal
structure more effective in nature helping in securing justice(RendEisenstadt,
and Pacella, 2018.).
 Judiciary: This is third organ which helps in making constitution and
fundamental rights protected in more effective manner. Also it makes new
judgment passed for making justice secured as per legal system.
Employment Law
These laws makes various aspects in relation to protection of rights of
employee's through maintaining strong relation with employees. Employment law
makes various aspects like equality, wages and rights handled by using proper legal
structure.
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 They helps in maintaining health and security of employees.
 Wages of employee's handled in more secured manner through proper legal
structure.
 Employee's requires to treat equal manner and no discrimination should be
done.
Wrongful Dismissal and Unfair Dismissal Actions
Under employment law unfair dismissal and wrongful dismissal is covered
within Employee Right act 1996 section 92. It explains that employee's can be
dismissed only when fraud, theft or violation of ethical code of conduct is done in
effective manner.
Conclusion
From the above discussion it is concluded that business laws are those laws
that has been used in making business organization formed in more effective
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manner. As per the report civil and criminal law has been discussed with various
aspects of these laws. Further, legislation, delegated legislation and case law as
sources of law has been explained. In the end employment law with duties of
employer towards employee is explained with wrong full dismissal of employee.
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REFRENCES
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Beckers, A., 2018. The Creeping Juridification of the Code of Conduct for Business
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