Business Law Report: UK Legal Systems, Sources, and Law-Making Process

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This report provides an overview of business law within the UK legal system, covering classifications of law such as civil and criminal law, and explains the roles of the High Court and Supreme Court. It explores sources of law, including case law and legislation, and delves into the UK law-making process involving the legislative, executive, and judiciary branches. The report also discusses employment law, focusing on statutory duties of employers, wrongful dismissal, and unfair dismissal actions, highlighting the importance of a robust legal framework for business operations.
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BUSINESS LAW
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Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................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 ......................................................................................................................5
Explain Case Law as a source of laws........................................................................................5
Explain the process of making Legislation.................................................................................6
Provide the meaning and examples of Delegated Legislation....................................................6
Part 3: UK law making process ......................................................................................................6
a) Statutory Duties of Employers to their employment..............................................................7
b) Wrongful Dismissal and Unfair Dismissal Actions................................................................7
CONCLUSION................................................................................................................................7
REFRENCES...................................................................................................................................8
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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.
TASK
Part 1: Classifications of law
Define laws and identify the respective legal systems in the UK.
Law has been defined as those legal aspects which is used in order to make society better
place to live. Under law solutions in relation to illegal activities taking place within a country is
covered. These laws has helped in making legal structure formed in more effective manner
which makes negative aspect within society handled in more effective manner. In the legal
system of United Kingdom there are two main laws covered that are civil and criminal law. In
English legal system more effectiveness has helped in procuring justice in its real sense(Conant,
2018).
a) Civil Law: These laws are based upon legislation that has been used in order to deal over those
aspects within which civil cases are covered. In other words civil law means those laws that has
been formed in order to deal with individual's aspect within society. It has been helping in
dealing with civil cases. Also civil law is major part of judicial system of United Kingdom as it
made wrong committed by an individual handled with full efficiency.
The major process of civil law has been covered within Civil Procedure Code. Further,
civil procedure code covers process involved in dealing with cases of civil nature. This code
defines about power given to police and judges for passing verdict or capturing evidences in
relation to civil case. In this law activities done by an individual is known as civil wrong in civiol
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laws cases related over private law, such as personal injury, contract cases or other legal disputes
between private individuals has been covered.
Further civil laws are used in common law by providing more relevancy in relation over
civil cases. In England common law acted as basis of producing innovation within legal system
of United Kingdom. Also it has helped in making fairness formed within the applicability of civil
law. This makes landmark cases decided within particular situation which is used for serving
justice in more effective manner. It also makes strong principles in relation to civil law covered
in more effective manner. The principle is based upon facts and judgement passed within
landmark case for serving justice(Beckers, 2018).
b) Criminal Law
These law helps in dealing with various kinds of factors that is based upon crime taking
place within society. In the law public at large is based upon crime taking place within United
Kingdom. In this criminal law various aspects in relation to judiciary has been provided in more
effective manner. In criminal law offences like murder, assault, rape, kidnapping, extortion and
mob lynching has been covered. The law makes public protected from various kinds of criminal
activities taking place within society. These laws are one of the most important part of criminal
law through studying about criminal procedure code. Under the code various aspects in relation
to trial, proceedings and investigation has been explained. Further, punishment has been
provided within it. This law helps in protecting public from various types of crime taking place
within society. This makes criminal offense handled in proper manner through providing justice
upon criminal perspective.
Explain the role of the following Courts in the English Legal system
English legal structure is an important aspect which has been covered in relation to
judicial proceedings taking place within courts. In this judiciary within United Kingdom covers
about Hierarchy of Court within which powers has been vested within various courts like
Supreme Court, High Court and lower courts. The structure of courts is based upon jurisdiction
provided to particular court. Explanation in relation to both the courts has been explained as
follows:
a) High Court
This is second highest court in United Kingdom has been holding responsibility in order
to secure justice within various kinds of cases which makes judiciary conduct its process in more
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effective manner. In High Court of United Kingdom there are three divisions that has been
provided which are Queen's bench, Chancellory bench and Family bench. The first division is
Queen's bench in relation to criminal cases that has been handled in more effective manner
which makes criminal law applied effectively in more effective manner. Then comes chancellor
division which makes dealing with cases that an individual commits wrong which is covered
within civil cases. Family division has been presented making dealing of cases related to
marriage and child born out of its solved in effective manner. High court has been provided
power over hearing appeal upon cases within which judgement has been passed by lower courts.
In this case cannot be presented directly within high court as proper process is required to be
followed within it(Alpa, 2018).
b) Supreme Court
This is the highest court within which all cases are handled which has been transferred
from high court. These cases appeal's transferred from high court is handled by Supreme Court.
The court deals with those cases that falls within the judicial framework formed within country.
Also the court has been given various power in relation to handle various situation where
judiciary is required to deal upon. Supreme Court can reverse the decision passed by high court
if found that decision has failed to serve justice. Further, Supreme court can use common law to
passed landmark judgement which becomes law in case when statutory law has failed for serving
justice. The court can also as accountability of government in case when legislation passed has
failed to serve justice.
Part 2: Source of law
Explain Case Law as a source of laws.
Case law are based over those factors that has made justice to be served in more effective
manner. This makes judicial proceedings done in more faire and effective manner it has helped
in forming new laws used for covering loopholes existing within old legislation. In this source
important judgement has been passed making law applied in more effective manner. Since they
are based over common law principles which makes old legislation null void and makes society
better place to live.
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Explain the process of making Legislation.
Legislation is one of the most important part of laws that has been made from laws which
makes formation of laws and acts possible in more effective manner. It is helpful in proceedings
and trials done as per legal framework formed within it. In order to for the law three reading
process has been followed which has been explained within constitution of United Kingdom.
Provide the meaning and examples of Delegated Legislation.
Delegated legislation is one of the most important part of law which has been provided
over those authority which has been formed for special purpose. These authorities is given power
after passing special legislation by an executives which makes critical situation deal in more
effective manner. This is an important part which is based over powers been given to sub
authorities holding power within UK. They have been given power for securing all legal process
within UK and has helped in applying law in more secured manner. In order to understand this
example given is Ministery 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 part of United Kingdom
which helps in making laws in more effective manner. In order to form laws there are three
organs that has been formed which are legislative, executive and judiciary. Explanation in
relation to this has been provided as follows:
Legislative: This is first organ that is used in order to form laws within country like UK.
It makes organs to pass legislation becoming permanent law within United Kingdom.
This makes various process of law making provided in more effective manner that has
helped in developing legal structure in more effective manner(RendEisenstadt and
Pacella, 2018). Also it has lead upon making laws or acts. Legislation uses three reading
process for making law. The first stage bill is only presented within parliament and no
discussion is done within it. Second stage discussion is done upon bill through voting
within House of Commons. Then comes third stage which makes detail discussion done
over bill in House of Lords. In the final stage Royal assistance is provided in making bill
permanent law applicable all over United Kingdom.
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Executive: This is second organ that has been used in relation to perform administrative
work. Also the organ has power over forming subordinate authority dealing with issues
faced by people living in society. It is important part of law making process.
Judiciary: This is third organ used within law making process of United Kingdom and is
used to operate judicial system which makes law served in more effective manner.
Through judiciary fundamental rights and constitutional framework existing within
country. They holds important responsibility upon protecting justice in its full sense.
(ii) Employment Law -
These laws are based upon those issues that has to be faced by employees. Also this
helps in analysing about rights and duties of employer towards employees. These laws are
focused over employee's and employer relationship making it more strong in nature. These laws
deals with various issues like discrimination and wages related problems.
a) Statutory Duties of Employers to their employment
There are various kinds of duties employer that has been explained as follows:
To maintain health and security of employees(Eisenstadt and Pacella, 2018)
Wages should be given in secured manner and on timely basis
Employee's should be treated equally as per equality law.
b) Wrongful Dismissal and Unfair Dismissal Actions
Employee's can be dismissed only when ethical code of conduct is broken by employee.
In this wrongful dismissal is mainly done on the basis of fraud, theft or any unethical conduct is
done in more effective manner.
CONCLUSION
From the above discussion it can be marked out that business laws are those laws that
deals with formation of business organization by allowing proper legal framework formed in
relation to it. Further, the report has covered things in relation to delegated legislation which is
based upon distribution of power by an executive to subordinate authority. Then case law has
been explained within which landmark judgment has been passed which becomes law. Along
with this legislation are covered in source of law helping in making permanent law. Then
employment law aspects in relation to unfair dismissal is explained.
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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.
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
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