BSc Business: BMP4002 Business Law - Analysis of the UK Legal System

This report provides an overview of the UK legal system for business law, covering classifications of law such as civil and criminal law, sources of law including case law and legislation, and UK employment law with a focus on statutory duties of employers and wrongful/unfair dismissal actions. It explains the roles of the High Court and Supreme Court, and discusses delegated legislation. The report concludes by highlighting the importance of understanding these legal aspects for effective business management and compliance within the UK legal framework. Desklib provides this document as well as a range of other solved assignments and past papers for students.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
Table of Contents
Introduction ...............................................................................................................................3
Part 1: Classifications of Law......................................................................................................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..........................................................................................................................4
a) Civil Law: ...........................................................................................................................4
b) Criminal Law: .................................................................................................................4
Explanation of the role of the following Courts in the English Legal system........................4
High Court:.............................................................................................................................4
Supreme Court: .....................................................................................................................5
Part 2: Source of law..................................................................................................................5
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
Statutory Duties of Employers to their employees ............................................................6
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................7
Conclusion..................................................................................................................................7
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Introduction
The law and the legal sources are generally the contemporary areas in which the
alignment of the rules and principles are being diversified. It is governance of all the private
and the public matters with the conduction of the rules and the legal applicability. For all
individual and the organisation their serves that systematic protection of their rights are
applied. All the commercial law aligns the organisation and the management of legal
practises which are made through IPR, employment act, company law and many more. UK
implies to have the legal system in which all laws are partly written and these are not fully
codified. It gives all the imperatives and the general working through which various doctrines
and the summation of the classification are managed(SMITH, and Fremont-Smith, 2022).
This report will elaborate the identification of legal system and also the role of courts in
English legal system. This will also provide the wrongful termination of employees in UK.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law comprise of constitutional framing of all monarch which are being inscribed
through general nature and the working in order to adapt the protection of the society from all
the crimes and the issues that can affect their vary nature. These are generally all the political
neutral areas helps in operating the legislation and common law system (Oswalt, 2022). In
UK there is drawn two major houses which implies to maintain the law and order they are
House of commons and House of Lords both these houses frames the working in which they
maintain the amendment and the new laws that are required to be opted. It considers all the
public and the private legal rules through which general administration of functions are being
addressed and made. UK have the common law and the statutory legal application in which
the acts and the ordinance are made by the legislation and the further case laws and the
judicial precedents are important for managing the binding decision making in all the areas.
There is given
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Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
These are legal applicability and the law that derives and regulates the protection of
the individuals personal rights and also to manage their property in a framed form. All the
civil law comprise of the private law making in which the parties who are aligning and
managing the decision making can affix and frame the work through private laws. some of
the major court which maintain the civil disputes and matters are like, Divisional bench,
chancery court, family dispute settlement, high court, supreme court. They accrued to mange
the law and the basic applicability of creating the protection in all taxation, trust, equity,
partnership and so on. They manage the social security through which implied conditions are
regulated and the variation with general principles are made., court implies to give some
general remedies that are like the fines, restitution of rights, compensation and so on(Ziqubu,
2019).
b) Criminal Law:
It comprises all legal rules in which the protection of the rights and the individual
safety is focused. Their is made that all the criminal law accrue and frame the offenses in
which the people who are indulged in defaming or in doing any of the illegal activities are
considered. Some of the main courts that manage the criminal justice system are like the
divisional bench, Queens court, Juvenile and other variable nature and working. all these
courts helps in managing the committals and the trails that reflects and apply the alignment
and the protection for the ruling and the working of the people with strict law and manage.
The punishment that are drawn in all much areas are like the death penalty, life
imprisonment, imposition of fine for the loss or even the custodial commuting. Thi8s implies
the outlining structure for the regulation the management and working(Reimert, and Rust,
2022).
Explanation of the role of the following Courts in the English Legal
system
High Court:
There is given various roles and order in which all the management and the
complacence are being framed so as to apply and maintain the working nature. As the Her
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majesty court in England implies to maintain the law and the orders where they imparts all
the systematic court to be divided in various areas and the ways. Some of the ways in which
the benches are made are like the Queens bench, divisional areas, family court and so on. All
these impliedly maintain and frame the appeals that are being raised from lower court. It
apply all the public safety and also general importance with which the management of the
functions and the framing of the issues in relation to public safety and addressing the key
issues for the civil and criminal matters are covered (Beham, 2018).
Supreme Court:
This is the superior court in UK which applies all the functions through which the
management of the working and the high standards are applied. As this is also termed as the
apex court in which the final hearing are underlined. It involves all the issues and the
compliance with which the matters in the public are being heard. Generally all the appeals
which are being raised by the high court are being heard in the supreme court. This manage
all the legal applicability and the ways in which decision making and the incorporating areas
are underlined. Their is being given all the nature and the ways in which reliability also by
addressing and managing the working through which the factors are being rewind. It is being
analyses that supreme court is the main area in which all the judgment that bare being given
by them will create a binding impact on all and this complies to have the legality and the
judicial precedents to maintain the laws and their working (Moosa, and Ramiah, 2018) .
Part 2: Source of law
Explanation of Case Law as a source of laws
Their is been given all the cases and the applicability in which the mechanism, for all
the adherence and the law reporting are managed is being covered. All the law report series is
mainly the method in which the decisions that are made for the binding element of the court
is being implied. It is being refrained that all the outstanding areas and the ways in which
when the cases are undergone on any of the court on that time the individuals manage to have
the general compliance and the regularity. Some of the main decision making elements that
are given is through all the effective decision making through collecting the records and the
issues. Once the judgment is passed by the judges after that it will be implied as the binding
on all and be treated as the stare deceives. These are being made in order to promote the
public importance and safety within the country.
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Explanation of the process of making Legislation
This is rules and the set of practices in which all the legal rules and regulations are
being made. Their is been framed that in all the legislative bodies some of the main
retrospective areas and the nature where they underline and implement the strategy through
which both the houses which are commons and lords mange the bill that are being required in
order to maintain the laws and any new legislation. Their is implied that all such areas in
which the rules are made that convey and provide the readings in the as in the first reading
there is been given all amendments and the changes in which various requirements are being
made in the bill. Their is also seen that all the loopholes in the bill are analyses to maintain
the general applications in which the law and the terms with the principles in the abiding
nature are incorporated. Here once the royal assent is been given to all the monarch then they
will eventually maintain the necessary areas through which all the compliance are addressed
and the management of the law and the rules are aligned. Their is been given that in all such
cases the law making principles are required to be implemented and this outlines the structure
and the individuals approach (Negrini, 2019).
The meaning and examples of Delegated Legislation
This is mainly all the delegation and the shifting of the power from all the higher
authorities to the general minsters in this all the powers in order to make the laws and the
regulations are implied and managed through major areas where the power is being switched
and shifted to all the employees who are being working. Their is implied all the working in
which the delegation of the powers and the effective management is underlined in which all
the work and the management can be framed. Some of the major examples of delegated
legislation are by-laws, ordinance, rules and regulation. This complies all the the time saving
process in which they manage the working in systematic manner.
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
Employment law 1996 implies mainly an important act which helps in managing and
complying the applicability of the protection of all the employees who are being working in
the company and also all the person who manage the work and the effective matter of general
working some of the major rights in the employment act are like:
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 All the employees should get the protection by providing them training and
development in order to manage the skills and also to avoid all kind of accidents.
 All the employees should have the medial facilities in which they can eventually
maintain the safety measures and also to manage the medical alignment.
 Employees are required to gain the all the leaves as in the salary and the maternity,
paternity and the other leaves on timely basis thorough which they can manage the
work and the proper management (Kelley, and Rizer, 2019).
 All the trade union formation rights are needed to be given to the employees.
Wrongful Dismissal and Unfair Dismissal Actions
These are mainly all the rights of the employees which are drawn in order to manage
their relation. Their is been seen that no employees should be terminated form their work
without serving the proper notice. It is drawn that all the wrongful dismissal are most likely
to be termination of employees without providing them the notice and making them remove
from the work. It complies that employees can ask for the damages that has been incurred in
the court as they will have to give the 2 months notice to all the employees.
Unfair dismissal are all such termination in which removal of the employees are being
attained without managing and giving the actual reason. Their is been provided that all the
employees are required to get all the equal rights and opportunities,. Their is been drawn that
unfair means are like the denial for the maternity leave and also the removal of the trade
union and so on. In all such cases the employee can ask for compensation from the tribunal.
Conclusion
It is summarised from the above report that, law gives all the legality and the
regulations in which the applicability of principles and the protection of the society are
managed. The legislation implicates to gain the functionality in which they can alter and
frame the law making with the help of house of common and house of lords. The delegated
legislation implies the shifting of power from main authorises to the minsters. Further it is
also concluded that unfair dismissal is the removal of person from the company without
providing them the reason for the termination.
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References
Kelley, J. and Rizer, A., 2019. Keep Calm and Carry on with State Criminal Justice
Reform. Federal Sentencing Reporter. 32(2). pp.86-91.
Negrini, S., 2019. Evidence in rehabilitation medicine: between facts and
prejudices. American journal of physical medicine & rehabilitation. 98(2). pp.88-96.
Moosa, I. and Ramiah, V., 2018. Environmental regulation, financial regulation and
sustainability. In Research handbook of finance and sustainability. Edward Elgar
Publishing.
Ziqubu, P., 2019. Dismissal due to mental illness is automatically unfair. Without Prejudice,
19(2), pp.23-24.
Oswalt, M.M., 2022. Liminal Labor Law. California Law Review, 110.
SMITH, M.R.F. and Fremont-Smith, M.R., 2022. Governing Nonprofit Organizations. In
Governing Nonprofit Organizations. Harvard University Press.
Reimert, E. and Rust, A. eds., 2022. Klaus Vogel on double taxation conventions. Kluwer
Law International BV.
Beham, M.P., 2018. State Interest and the Sources of International Law: Doctrine, Morality,
and Non-treaty Law. Routledge.
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