BMP4002 Business Law: Legal System Analysis for Business Management

This report provides an analysis of the UK legal system for business law, beginning with the classification of laws, differentiating between civil and criminal law, and explaining the roles of the High Court and Supreme Court. It explores the sources of law, including case law and legislation, detailing the process of making legislation and the meaning of delegated legislation. The report further examines UK employment law, outlining statutory duties of employers, wrongful dismissal, and unfair dismissal actions, referencing the Employment Act 1996. This comprehensive overview offers insights into the legal framework governing business operations in the UK. Desklib provides access to similar solved assignments and study resources for students.

BSc (Hons) 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
Part 1: Classifications of Law......................................................................................................3
Define laws and identify the respective legal systems in the UK..........................................3
..............................................................................................................................................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: .................................................................................................................3
Explanation of the role of the following Courts in the English Legal system........................3
High Court:.............................................................................................................................3
Supreme Court: .....................................................................................................................3
Part 2: Source of law..................................................................................................................3
Explanation of Case Law as a source of laws .......................................................................3
Explanation of the process of making Legislation.................................................................3
The meaning and examples of Delegated Legislation...........................................................3
Part 3: UK law making process: Employment Law ....................................................................3
Statutory Duties of Employers to their employees...............................................................3
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................3
Conclusion..................................................................................................................................3
References..................................................................................................................................3
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Introduction
Legal system is mainly the body of rules and the principles which are being made in
order to maintain the command and the general adherence through which the implications of
regulations and the imposition of framed nature in the working can be adapted. This helps in
maintaining the law and orders and also to frame the aspects through which the systematic
approach can be rendered. In UK their is mainly the constitution which is partly written and
not wholly codified. This implies that all the work can be made through the laws that are
implies through the statutory and the common law regulations (Neal, 2021). This report will
provide the classification of laws with the role of courts in the English legal system. This will
also manage the sources of laws with the judicial precedents. Further it will also conclude the
employment law terms and the statutory obligations under it and the rights of the employees
which are being given.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
The law is the general command in the society through which all the mechanism and
the working nature and principles are adapted through which the common law and their b
working can be framed. Their implies that Law generates the command in the society through
which it adapts all the laws and the issues in the vary nature. All the societal changes and the
working is managed through the law and their terms. In UK there is statutory law and the
common law through which all the impositions of the acts, laws and the rules being managed.
Their are mainly two important houses which are like the house of commons and the house of
lords through the rules and the functions are made and implemented. Parliament is the
supreme authority and it helps in enacting the laws and the legal framework for the general
terms and obligations(Cabrelli, 2020). Along with it the legal system is the systematic
authoritative work of all the governmental bodies which assigns provide the public safety and
the general importance to all the members in the society.
Explanation with examples the following as means of classification of laws in the English
Legal system
a) Civil Law:
This is the rights and all the issues which are related to the property it focus on
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managing the public safety. It maintain the property related matters and also the disputes
which are being made in order to create the jurisdiction and also to involve all the safety of
the property. Their main work is to deal with all the work which is given to the person related
to disputes of the property matters and also when there is seen that the breach is being made
by any of the party in the contract. Their main aim is to prevent the individuals right for the
property and their personal liberty. It also involves the general management and the terms
through which the methods and their civil jurisdiction is countered. Some of the major
offences which civil law deals with are like the breach in the contract, harm to the personal
injury or property, negligence, any termination or other rights of the person. The courts which
deals with the civil cases are like the county court, high court, supreme court and many more.
The major standard of proof in all such cases are like the balance of probabilities. And their
main aim is to maintain the law and the order for the general public and their working
(Doudonis, 2020).
b) Criminal Law:
It is the important law which deals and manage all the public safety and the morality
of the person. In order to maintain the peace in the society there is important to have the
proper law and order which is applied and maintained. It focus on giving the power and the
rights through which the criminal conducts can be removed from the society. This helps in
maintaining law and order for the public safety and there is seen that all the cases where the
life and the liberty of the person is affected. Some of the major offenses being managed in the
criminal law are like the manslaughter, murder, sexual offenses, assault and many more. The
courts and the tribunals which maintain all such cases are like Queens bench, Divisional
court, High court, Supreme court etc. the onus of proof in all the criminal cases is charged
through the reasonable doubts (Arvind, and Steele, 2020).
Explanation of the role of the following Courts in the English Legal system
High Court:
It is the Her majesty high court of England situated in London. This provides the laws
and the norms through which all the regulations and the rules are being made through the
adjudication. High court applies the power through which the working and the enforcement
of the laws are abides. Their the main work of the high court is to cover all the appeals which
are being made by the lower courts. This have so many divisional courts under it they are like
the Queens bench, chancery court, court of appeal, family court, juvenile court and many
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more. All the appeals are made under it and this provides the principle of natural justice and
abides the rules according to the norms. All the appeals of the high court can be made to the
supreme court for the final orders.. High court in London have the powers in order to manage
the enforcement law and the orders in the justice of individuals (Rogowski, 2020).
Supreme Court:
It is the most important court in UK which helps to manage the final court of appeals
as all the decision making and the judgment which is given by them will be final and no
appeal will be overheard in all such cases. Their is been seen that mainly all the courts and
their safety works with the vary nature and their adjudicating principles. The main aim of the
supreme court is to maintain the law and the order and also to provide justice and such
decisions which will be important with morality and equality for the public. All the
arguments are majorly being heard by the supreme court and this implies to make the
divisional areas and their law reports and general work (Poli, 2020).
Part 2: Source of law
Explanation of Case Law as a source of laws
Case laws or all the common laws are the judges made law which helps to make the
binding legal rules for the country. In UK this is the most prominent method for framing the
work and the regulations. This manages the important principles in which all the rules and the
judgments that are being given by the judges will create a binding effect on all. As all the
cases when go in the court their evidences, arguments and all the material facts are being
taken in the context. This implies that in all such vary method there is implied that the nature
through which the adjudication can be taken in the consideration. The judges usually frames
the law and make the judgment for all the binding agreements. All the judgments will be then
implemented as the judicial precedents and will be applied as the binding norms and the
principles for all. It is mainly the doctrine of stare decisive which means the binding impact
on all(Toumanidou, 2020).
Explanation of the process of making Legislation
It is the law making process through which all the laws and the authorities generalise
and make the agreements implemented within it. This provides that in the legislation the
statutory law is complied and there is seen that the bill is introduced by both the houses that
will cover the issuers which are for the public and the individuals safety. Through all such
methods and the ways their can be seen that all bill use to pass through different stages in
which their can be seen that the necessary changes and the amendments are considered call
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the members give their views and the voting is being taken place. Their also analyses that in
all such areas there compilation of the loopholes and the necessary changes are framed. Once
all theses are made then it shifts for the royal assent of the monarch through which the bill is
made as an Act and will be applied on all. Such methods make the laws in UK and maintain
the law in the society (Dyer, 2021).
The meaning and examples of Delegated Legislation
It is the important law making process in which the power of making and
implementing of law is being given to all the subordinate courts. This maintain all the public
safety and the general working nature though which the framing of the rules and their nature
is considered. Delegation of power is the important method as mainly these are given to all
the individuals who are having the ministerial bodies authorizes and the person who manages
the work with the general tendency and their outlining nature. In all the delegated working
method it is maintained that the time is being saved and this also complies to provide the
power to complies and maintain the orderly work. Some of the example of all such delegation
are like the by laws, order of council and the rules with provisions(Wariavwalla, 2020).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
For all the organisation it is important to maintain the government rules and the
principles there is framed that in all such cases the most important methods and the rights that
are being given by the government is the Employment act 1996 through which all the acts
and the duties, compliance and the regulations are given by the government. In that act there
are some specific duties given to the employees they are like:
 The leaves to all the employees are needed top be given on timely basis in which the
maternity leave, paternity, sick leaves are needed to be provided for all the employees
in the company.
 The wages and the remuneration are needed to be given to all employees according to
the national minimum wages act.
 No discrimination can be made by any of the person on the basis of religion, race,
sex, color and many more all should be treated equally.
 Proper training sessions are needed to be provided to the new and the old employees
to avoid any miss happening.
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 All the first aid and the medical facilities should be given by the employers to their
employees.
Wrongful Dismissal and Unfair Dismissal Actions
It is generally the methods in which the termination of all the employees are being
made this are like in Unfair dismissal or all the employees who are being terminated for the
organisation in an unfair means and methods will be considered. Their involves that all those
statutory rights which are provided to the employees in the company are breached and there
is no reasonable reason to remove the employees is observed then it will be unfair dismissal.
Some of the examples are like leaves for maternity, flexibility in shifts and hours, trade
unions etc. in all such cases where the employees are already been working from like 2 years
they can take its helps and the employee can go to the tribunal and ask for damages(Herbes,
and et. al., 2020).
Wrongful dismissal are mainly all the employees when terminated without following
the procedure of the government and there is seen that no notice period is served to them this
will make the employees to take the actions and can go to the court. Thus, notice period
should be served to the employees before removing them from working.
Conclusion
From this above report it is analyzed that legal system in UK is partly written and not
fully codified. Their is been seen that all the legislation are the statutory authority through
which laws are being made in order to manage and enact the bills. Supreme court is the final
appellate court and all decisions by them will be binding. Further it is also analyses that
employees have right to get timely wages and leaves in the organisation by the employers.
References
Dyer, C., 2021. Judge overturns decision to strike consultant surgeon off medical register.
Rogowski, R., 2020. Sociology of labour law. In Research Handbook on the Sociology of
Law. Edward Elgar Publishing.
Arvind, T.T. and Steele, J. eds., 2020. Contract Law and the Legislature: Autonomy,
Expectations, and the Making of Legal Doctrine. Bloomsbury Publishing.
Cabrelli, D., 2020. Employment law in context. Oxford University Press.
Neal, A.W., 2021. The Parliamentarisation of Security in the UK and Australia.
Parliamentary Affairs, 74(2), pp.464-482.
Doudonis, P., 2020. The normativity of constitutional conventions, with special references to
the UK, USA and Greece (Doctoral dissertation, University of Oxford).
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Toumanidou, V., 2020. Student migration from Greece to the UK: a life course perspective
(Doctoral dissertation, University of Leeds).
Poli, S., 2020. UK sanctions policy after Brexit: From dependence to autonomy?. In The
Routledge Handbook on the International Dimension of Brexit (pp. 213-225).
Routledge.
Wariavwalla, B., 2020. Modi and the Reinvention of Indian Foreign Policy: Ian Hall, Bristol
University Press, Bristol, UK, 2019, 236 pp.,£ 75.00 (Hardback), ISBN 978-
1529204605. Strategic Analysis, 44(3), pp.282-284.
Herbes, C., and et. al., 2020. Are voluntary markets effective in replacing state-led support
for the expansion of renewables?–A comparative analysis of voluntary green
electricity markets in the UK, Germany, France and Italy. Energy Policy, 141,
p.111473.
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