Assessment of UK Business Law: Classifications, Sources and Processes

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This report provides an overview of the UK's legal system, dividing into three main parts. The first section classifies laws according to the English legal system, defining laws, identifying legal systems, and explaining the roles of various courts. The second part delves into the sources of law, with a focus on case law and the legislative process, including delegated legislation. The third section briefly describes the law-making process in the United Kingdom, with specific reference to employment law, covering statutory duties of employers and wrongful/unfair dismissal actions. The report concludes that the UK legal system is divided into common and statutory laws, with legislations and employment laws playing a crucial role, and highlights the employer's obligations as per the nation's employment laws. Desklib provides access to similar solved assignments and study resources for students.
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Business Law
Assessment
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Table of Contents
INTRODUCTION................................................................................................................................3
MAIN BODY ......................................................................................................................................3
PART 1- Classification 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...............................................................................................................................3
Explanation of the role of the following Courts in the English Legal system............................4
Part 2 : Sources of Law....................................................................................................................4
Explanation of Case Law as a source of laws ..........................................................................4
Explanation of the process of making Legislation......................................................................5
The meaning and examples of Delegated Legislation................................................................5
Part 3 : Law making process in the United Kingdom......................................................................6
Employment Law.............................................................................................................................6
CONCLUSION....................................................................................................................................6
REFERENCE.......................................................................................................................................7
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INTRODUCTION
In the country of the United Kingdom the laws are made by the legislative authority which are
useful following the rules and regulations within the area of restrictions. The work task of the
legislature is to form the laws and orders which help in the functioning of the area, the laws are
made with keeping the circumstances of the society in the mind. It is mandatory for the people of
the country to follow all the rules and laws made by the legislation within the parliament. The
following report is divided into three parts, in which the first part mentions classifications of the
laws according to the English legal system and explains the role of the courts in the country. The
second part states, the sources of the laws and also explains the process in which the rules are made
in the legislation. Lastly, the third part there is a brief on the law making in the UK.
MAIN BODY
PART 1- Classification of Law
Define laws and identify the respective legal systems in the UK
The term law is defined as the rules that followed by the citizens of the State and the officers that
follow under the area of the restriction. All the rules and regulations are same for every person and
have to be followed respective of any condition and the rules are not been followed then the person
is liable to face the punishments for not acting according to the law. (Bocharov, V., et.al , 2019.)The
laws which are formed by the legislation are known as the primary laws. Few of the laws are
uncodified, as to have codification of the law it is necessary to write them completely, and the
legislation is partially written. The United Kingdom, has two main type of law which are the
common and the statutory law. The laws that are formed through the decision of the courts are the
common laws and where as the statutory laws are the ones which are made by the process of the
legislature.
Explanation with examples the following as means of classification of laws in the
English Legal system
Civil Law:
The laws other than the criminal law are the civil law, under this law there are various act which are
property law, tort, etc. Settlement is been given to the party in aggrieved. The cases related to the
civil are judged in the high courts, courts of the country, tribunals, etc.(Deb, E., 2022.) In civil cases
are two main parties which are the plaintiff and the defendant, in which the plaintiff is the one who
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has suffered the loss and the defendant is the reason for the loss. The aggrieved party is provided by
the remedies for their losses such as the monetary compensation, in junction,etc.
Criminal Law:
The criminal law deals with all the cases that are related to the crime. The circumstances that are
faced by the criminals as the punishments and the fines are mentioned in the law. The defendant is
liable to provide the evidence and the burden of proof in the court. This act specially deals with the
person who is related to the crime, the society is affects in whole due to the crime. This law is made
to decrease the rate of crime in the society, so that there is healthy environment in the area. This law
is made to ensure that all the rules and regulations are done by the given punishments to the people
who commits the crime. The criminal law deals with the acts related to the murder, robbery, rape,
etc. The judgements for the cases related to the criminal law is made in the supreme court, high
court, divisional courts and the courts that are specific for the cases related to crime only.
(Mandal, .,2020.)
Explanation of the role of the following Courts in the English Legal system
High Court:
According to the hierarchy of the courts, the high courts are second in the position. The major role
of this court is to provide the justice to the person who is innocent is not liable for any kind of
punishment. The lower courts than the high court are forced to follow the judgements made by
these courts and even the supreme court. (Giles, et,al., 2022. )The issues related to the rights and the
duties of any concern party are judged under the High courts. In these courts there are judgements
for the subordinate courts that fail for giving decision for the concern case.
Supreme Court:
This court is the highest body for making judgements in the country. All the subordinate courts have
to follow the judgements made by the Supreme court. There are judgements made on the national
importance and on the interest of the public. The cases related to the constitution and question put
on related to it are filed in this particular court.
Part 2 : Sources of Law
Explanation of Case Law as a source of laws
The Observations and the judgements that are made previously by the courts are the main factors of
the common law in the country, such judgements are the known as the precedent. The lower courts
are entitled to follow the judgements made by the superior courts. The precedent are formed by the
various laws that have similar matters and these are produced by the adjudicators or even the judges
in the respective courts of jurisdiction. (Khan, N., et.al , 2019.)It is obligatory on the part of the
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subordinate courts to consider the judgements or the different opinions given by the high courts or
supreme courts in relation with any matter which has been decided by that court. The rule which
explains the above mentioned procedure is known as 'Stare Decisis'. This principle states that the
lower or the subordinate courts must consider the verdicts delivered by the upper courts in the
similar subject matter. This would provide an assistance to the subordinate courts in order to decide
the case in an effective and efficient manner.
Explanation of the process of making Legislation
One of the major sources of law is the 'Legislations'. It can be defined as the rules and regulations
which are being drafted by the legislators or the law making authorities in order to maintain law and
order in the society. The process of making legislations or any statutes is very complex in nature.
Because any layman cannot make the laws, there is a need of the various skilled and specialized law
men who holds the specialization in the field of law or in short one who know each and every detail
about how a particular law must be made. As, the country requires an accurate legislation according
to the demand of the society or the community. There is a proper procedure which is required to be
followed in order to make any of the laws which includes the two houses which posses the
legislative authority. (Lemassel,., 2020.)They are, the 'House of Lords' and the 'House of People'.
The former is called as the upper house and the latter is called the lower house of the parliament. It
involves three steps, first is in which the draft is being prepared and placed before the members of
the parliament. On second stage the members of the parliament discuss upon the various aspects of
the draft where the title and the main objective is being determined by the associates of the
parliament. The third stage talks about the 'Royal assent'. Which is required to be obtained to make
the draft or bill a legally binding statute. Then it becomes a mandate for the citizens of the country
to follow the particular law.
The meaning and examples of Delegated Legislation
Delegated or secondary legislation is an act sanctioned by the parliament under which it authorises
the power to make the laws on the particular matters. The person or a body of the individuals (other
than the parliament) draft the legislations by acquiring a prior approval from the legislature.
Basically the higher authority delegates such power so as to execute the laws in the country. This
will also helps in reducing the burden from the parliament.(Rolf,S.,2022.) Some of the examples of
delegated legislation are, alteration or modification in the government fees regarding any public
services, changes done in the policies of the government in concern with the specialized department
like science and IT sector, speedy application of the emergency powers, etc. It also helps in saving
the time of the legislative authority by undertaking the matters related to the specific subject which
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is addressed by the relative experts of that field.
Part 3 : Law making process in the United Kingdom
Employment Law
Statutory duties of employers to their employees
In the light of the Employment Act 1996, there are various duties that the employers holds towards
their employees or the workers. (Ioannou, R., 2021)They are, the employees are entitled to receive a
fixed payment in terms of their salary according to the National Minimum Wages Act of the United
Kingdom, the employers owes duty of care towards the employees of the organization buy
providing them a healthy and safe working environment in the company, the employer must not do
any unlawful act like the unfair dismissal, not providing the payment slips, discrimination on the
basis of caste, colour, race, religion, age,etc., the employees must be provided a proper training in
terms of any skilled work.
Wrongful dismissal and Unfair dismissal actions
The main distinction between the wrongful and unfair dismissal is that the former is done when the
employer dismisses the employee without providing any prior notice regarding the act of dismissal.
And the latter means that the employer has terminates the contract of employment without giving
any reason for such dismissal. The employees posses the right against such act of the employers
which can be enforced in the court of law. (Sellors, C.P., 2020.)
CONCLUSION
From the above report it is concluded that the legal system of the United Kingdom is divided into
laws which are the common and the statutory laws. In this report it is also concluded that the
legislations, laws for employment, contract law, law of tort delegation of powers. The employment
laws are for the benefit of the worker. The deputation of the dominance re leaves the extra load of
the higher dominance. More over, the employer is bound to carry out the obligation in respect its
employees as per the employment laws of the nation. All the major sources of law are stated in the
above report.
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REFERENCE
Books and Journals
Mandal, S., 2020. Comparative Study of Criminal Laws in USA, UK and Germany.Issue 4 Int'l JL
Mgmt. & Human.,3, p.544.
Bocharov, V., et.al , 2019. Legal regulation sources for the uk contractual relations.Revista
Inclusiones, pp.77-82.
Deb, E., 2022. International Business Law-Critical Review on Corporate Governance in
UK.Available at SSRN 4074105.
Giles, S.B., Errickson, D. and Márquez-Grant, N., 2022. A retrospective comparative study to
evaluate the reliability of post-mortem interval sources in UK and US medico-legal death
investigations. Science & Justice,62(2), pp.246-261.
Ioannou, G. and Dukes, R., 2021. Anything goes? Exploring the limits of employment law in UK
hospitality and catering. Industrial Relations Journal, 52(3), pp.255-269.
Khan, N., et.al , 2019. Diversity in the workplace: An overview of disability employment
disclosures among UK firms. Corporate Social Responsibility and Environmental
Management, 26(1), pp.170-185.
Lemassel, M.M., 2020. Regulations of financial institutions in the US/UK.
Rolf, S., O'Reilly, J. and Meryon, M., 2022. Towards privatized social and employment protections
in the platform economy? Evidence from the UK courier sector. Research Policy, 51(5),
p.104492.
Sellors, C.P., 2020. Too much drama defining film in UK copyright law. Journal of Media Law,
12(2), pp.191-215.
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