Business Law: Classifications, Sources, and the UK's Legal System

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This report provides a comprehensive overview of business law, focusing on classifications of law (civil and criminal), sources of law (case law, legislation, delegated legislation), and the UK's legal system, including the roles of the High Court and Supreme Court. It further explains the process of making legislation in the UK, detailing the three-reading process and the roles of the legislative, executive, and judiciary branches. The report also touches upon employment law, outlining statutory duties of employers and addressing wrongful and unfair dismissal actions. The document concludes by emphasizing the importance of the legal system in providing a structured framework for business operations and ensuring justice within society, highlighting Desklib as a resource for students seeking further assistance.
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BUSINESS LAW
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Part 1: Classifications of law ..........................................................................................................3
Define laws and identify the respective legal systems in the UK. .............................................3
Explain the role of the following Courts in the English Legal system ......................................4
Part 2: Source of law ......................................................................................................................6
Explain Case Law as a source of laws........................................................................................6
b) Wrongful Dismissal and Unfair Dismissal Actions................................................................8
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................9
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INTRODUCTION
Business laws are the law that helps in governing over rules and regulations which deals
with formation of business organization. These laws deals with both commercial and corporate
activities taking place in relation to business organization. The laws has been evolved from time
to time as per requirements of legal system within an country. Further, legal system has made
business law develop framework leading towards forming business organization with legality
achieved in business organization. Also legal system and business law has important role to play
within functioning of business organization. Scope of legal system and business law are wider as
they effects business organizations directly. In this report classification upon civil and criminal
law is done. The report explains about sources of law, UK law making process with contract law
has been explained.
MAIN BODY
Part 1: Classifications of law
Define laws and identify the respective legal systems in the UK.
Law is one of the most important part of countries as it helps in monitoring of various
activities from individual and public perspective. They helps in making various factors and
elements outlined within the legislation or act that has been formed by government. The legal
system of United Kingdom is based upon different aspects that is covered within two main laws
which are criminal and civil law. These laws has helped in enhancing legal system through
working upon factors and elements which causes disturbance in relation over legal structure
within society. As per the legal system of United Kingdom there are two main laws that has been
divided as civil and criminal law.
Both civil and criminal law has helped in making improvement done in relation to legal
framework through providing legislation within which wring and criminal activities are handled
upon activities taking place in society. These laws has helped in enhancing legal system of
United Kingdom by passing laws which has helped in making judicial process more effective in
nature. These laws has been explained as follows:
a) Civil Law: These laws deals with legislation that has been formed through dealing with all
kind of wrong that has been committed by citizen living within society. In an country like United
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Kingdom civil laws has played important role in serving justice with the helps of procedure
defined within Civil procedure code. Civil law deals with cases in relation to property, tort law,
contract law and money laundering with various other civil aspects. The code has helped in
understanding about behaviour of employee's working within an organization. Also under civil
laws penalties and punishments regarding civil law has been covered which makes money
various aspects of crime covered in more effective manner. Through civil laws rules and
regulations related to private person has been explained. The term “civil law” can have two
meanings. First, it can mean matters of private law, such as personal injury, contract cases or
other legal disputes between private individuals. This is distinct from criminal law. Second, it
can mean a legal system based on a civil code(Rentorff, 2019).
b) Criminal Law
These law means those order that deal with various aspects based upon crime that is
taking place within society. As per the law public at large is impacted due to offence committed
by an person. Also criminal law offense committed are based over criminal activities taking
place within society. Criminal law is handled through criminal procedure code that makes better
legal structure enhanced within country like UK. Under criminal law offences like murder,
assault, rape , kidnapping, extortion and mob lynching is handled through fair means of justice.
The law makes public to be protected from criminal activities. In criminal procedure code
various aspects related with trial, proceedings and investigation has been explained. Also
punishments process is provided within it. The law makes public safety achieved in United
Kingdom. Criminal law makes various aspects of society covered within it related to criminal
offense(Mora-Sanguinetti and Pérez-Valls, 2021).
Explain the role of the following Courts in the English Legal system
English legal structure is one of the most effective legal system and includes judiciary
within it. The judicial structure of United Kingdom works upon hierarchy of courts within which
Supreme Court is the highest court, then comes high court and in the end small courts exists.
This is the structure of code that has been followed. Further High court and Supreme Court has
been explained as follows:
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a) High Court
The court has been given power within United Kingdom and holds responsibility in order
to secure justice within English legal system. It has developed judicial proceedings process by
proving various solutions in relation upon trials conducted in more effective manner. In High
Court of United Kingdom there are three major divisions which are Queen's bench, Chancellory
bench and Family bench. In Queen's bench criminal cases has been handled with all laws applied
in relation to criminal context. This has helped in developing proper structure which makes
justice served in criminal cases. Then in this chancellery division is present which is based over
solving civil cases and handle all kinds of civil issues. Last division is family division in this all
matters related to marriage and child born out of it has been solved in more effective manner.
High court provide power to hear cases in which judgement in which appeal has been made to
high court. The case cannot directly be presented within high court due to presence of hierarchy
of courts within which proper process has been followed in effective manner(Simons and Handl,
2019).
b) Supreme Court
This is the highest court that has been give powers to deal with various kinds of cases that
is transferred from high court. It is also known as court of appeal as it handles cases in the form
of appeal. Also the court has allowed judicial framework formed within country. The court has
been given various powers in relation to judicial fictions within country. The court has been
given powers regarding various aspects in relation over case law. Supreme Court reverse
decision of High court only when rigidity has been shown in it causing fundamental rights
violated of an individual. The Supreme court uses common for such purpose helping in serving
justice in its real sense.
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Part 2: Source of law
Explain Case Law as a source of laws.
Case laws refers to those important laws which provide justice on those cases which
comes directly from judicial decision. This source helps legal system to new law by analysing
actual facts of particular cases. With the help of this source judges pass marker judgement which
also become new law for the future. This source is used where legislation become ineffective on
those cases where the society affected drastically from the impact of actual law. It allows
justice to serve in more effective and appropriate manner by making judiciary transparent for
society(Strathausen, 2017).
Explain the process of making Legislation.
Legislation is most important and effective source used to make new law. The law
which formed according to the source are statutory and permitted in nature and it also help the
judiciary to take legal proceedings according to the formed legal framework. Three Reading
process has been used for making any law which is explained in Constitution of UK.
Provide the meaning and examples of Delegated Legislation.
Delegated legislation is one of the important executive source of legal system as it give
power to those authority which is used to makes for specific event or purpose. After passing
effective legislation these authorities have power to handle critical situation in more effective
manner. The legislation provide power to subordinate authority to specified all important points
within its time period. It also help in to pass justice in its real sense and also help in to gain
people trust on legal system of the country. For understanding this an example given is
Ministery exercises power of applying emergency and can also be applied with the help of Privy
Council.
Part 3
United Kingdom's legal system is used to make law for the country which work in nost
effective and relevant manner. Three organ of legal system are used to make law are
Legislative, judiciary and executive. Detailed explanation about these organs are given below:-
Legislative: First and most important organ of legal system is used to make laws for the
country. This organ used in United Kingdom or other country for passing legislation in
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order to make permanent law. This help to make legal system more effectual by manakin
law making process more successful in nature. For making law legislation used three
reading process. In first stage bill is introduce to the parliament and no discussion has
been done on it. In second stage discussion has been done over the bill and votes of
houses of commons has been take. In third stage brief discussion has been taken upon
the bills in Houses of Lords. In last and final for converting bill into permanent law Royal
assistance is given which is applicable all over United Kingdom(Yusoff and Oseni,
2019).
Executive: Second and most effective organ is executive in which laws are passed by
the administrative. This organ allow to make subordinate authority for dealing the issue
that faced by the common public of UK. Executive organ of legal system plays
important role in which bills which permanent law work properly in all over the country.
Judiciary: the third and most important organ of legislation is Judiciary the used law
making process which help judicial system work and served law in more appropriate
manner. By the help of judiciary constitutional framework and fundamental rights work
effectively in all over the country. It is the judiciary responsibility to protect justice in its
real sense.
(ii) Employment Law -
These laws discussed problems and affairs related to employees within a company. This also
help the employer to analyse rights sand duties towards employees or its company. And it also
help to develop good relationship between employer's and employees of the company. These
laws helps employer solve various problems and issues of discrimination and wages of
employees.
a) Statutory Duties of Employers to their employment
There are different types of duties employer that has been discussed below:-
Wages should be given in secured manner and on timely basis
Employee's should be treated equally as per equality law
To maintain health and security of employees.
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b) Wrongful Dismissal and Unfair Dismissal Actions
If an employee broke any code of conduct he can be dismissed from the
company. This type of dismissal is mainly done when an employee conduct any theft,
fraud or unethical conduct in order be ensure company work in more effectual manner.
CONCLUSION
From the above it can be concluded that legal system of the country provide proper
structure for forming the any organisation in more appropriate and effective manner. This legal
system help organisation perform various task that help them to achieve goals and objective in
m,ore effective manner. . In this report civil law and criminal law is covered that deals with
activities taking place within society. Then sources of law has been explained that acts as basic
idea to form laws. In the end of report employment law is covered.
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REFRENCES
Books and Journals
Alpa, G., 2018. Arbitration and ADR reforms in Italy. European Business Law Review, 29(2).
Beckers, A., 2018. The Creeping Juridification of the Code of Conduct for Business Taxation:
How EU Codes of Conduct Become Hard Law. Yearbook of European Law, 37,
pp.569-596.
Conant, L., 2018. 6. Europeanization and the Courts: Variable Patterns of Adaptation among
National Judiciaries. In Transforming Europe (pp. 97-115). Cornell University Press.
Deipenbrock, G., 2018. Direct Supervisory Powers of the European Securities and Markets
Authority (ESMA) in the Realm of Credit Rating Agencies–Some Critical Observations
in a Broader Context. European Business Law Review, 29(2).
Deipenbrock, G., 2018. Private Enforcement in the Realm of European Capital Markets Law
Revisited and the Case of Credit Rating Agencies from the Perspective of European and
German Law. European Business Law Review, 29(4).
Draper, C. and Raymond, A.H., 2020. Building a risk model for data incidents: A guide to assist
businesses in making ethical data decisions. Business Horizons, 63(1), pp.9-16.
Eisenstadt, L.F. and Pacella, J.M., 2018. Whistleblowers Need Not Apply. American Business
Law Journal, 55(4), pp.665-719.
Luhmann, N., 2018. Some problems with ‘reflexive law’. In Law, Legal Culture and Society (pp.
184-198). Routledge.
Mora-Sanguinetti, J.S. and Pérez-Valls, R., 2021. How does regulatory complexity affect
business demography? Evidence from Spain. European Journal of Law and
Economics, 51(2), pp.203-242.
Rentorff, J.D., 2019. The concept of business legitimacy: Corporate social responsibility,
corporate citizenship, corporate governance as essential elements of ethical business
legitimacy. In Responsibility and Governance (pp. 45-60). Springer, Singapore.
Simons, P. and Handl, M., 2019. Relations of ruling: a feminist critique of the United Nations
Guiding Principles on Business and Human Rights and violence against women in the
context of resource extraction. Canadian Journal of Women and the Law, 31(1), pp.113-
150.
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Strathausen, R., 2017. Masters of ambiguity: How legal can lead the business. In Liquid
Legal (pp. 9-32). Springer, Cham.
Yusoff, S.S.M. and Oseni, U.A., 2019. Standardisation of legal documentation in Islamic home
financing in Malaysia: A literature survey. Journal of Islamic Accounting and Business
Research.
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