BMP4002 Business Law: In-depth Analysis of the UK Legal System

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This report provides an analysis 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 an overview of employment law. It explains the roles of the High Court and Supreme Court, details the process of making legislation, and discusses delegated legislation. The report further examines statutory duties of employers to their employees and actions related to wrongful and unfair dismissal. This comprehensive overview aims to provide a clear understanding of the legal framework governing business operations in the UK.
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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..........................................................................................................................3
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.................................................................5
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
Legal implications and laws are body of variable legal principles and governance
through which the comprising areas and the issues related to public and the private laws are
being managed. It regulates all the major areas which implies to have the sales in the
consumer goods, corporate contracts. Their is been analyses that in UK all the variable laws
and the governing rules are implied through the treaty and the obligations in which all the
directives are aligned and as UK is not having a single legal system and is partly written and
also no fully codified laws are being given this make to manage all the laws to be
interpretative with several doctrines and working (Solodova, 2019). In this report a
summation of classification of laws with the respective legal system is drawn, further it will
explain the delegated legislation, case laws and the rights given to employees in the
employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law are made by the passing of various legislation in which the creation and the
management of the laws are being implied through the case laws and the legislation. It
manages and combines all the constitutional monarchy in which they inscribed all the
convention and monarch to manage the rules with political neutral areas. England and Wales
provides the operation of all common law system and their House of commons and House of
Lords implies to provide controlled system which regulates and manage the rules and the
functions. All such structures implies to incorporate various functions and the methods in
which legislation applies the laws with the amending principles (Moosa and Ramiah, 2018).
The legal system in UK manages the abducting rules and the growing thorough which they
insoles to create the private and the public safety for the individuals and the government. It
heads out to re frame and manage all the rules and the general varied nature through which
future judgment and the bindings are being underlined and administrative decisions and
delegation can be regulated.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
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This aims to deal with all the disputes and the issues that are been raised in the
organization and individuals. This generates and manages all agreements and the judgments
that are being managed and are in relation to maintain the laws of the private parties and the
other framing work. In the civil division there is implied all the appeals that are being raised
in county court, chancery divisions, divisional bench, tribunals, high court. All these focus on
trust, equity, taxation, partnership and all the issues serving to the bankruptcy, land settlement
with the other social security matters. All the civil court involves the implied conditions ion
which the further management and the variation in the general nature with the accruing
principles are outlined. These court manages the safety of the property and the person and
accompany the remedies like compensation, restitution and the other basic fines etc
(MacDermott and Riley, 2021).
b) Criminal Law:
This maintain all codes in the criminal matters and the conducts in which the offenses
in relation to criminal law are accompanied. This cover all divisional areas in which they
manage all issues in relation to criminal matters which are like Queens bench that administers
tort and other variable outlined areas. Administrative courts regulates and maintain the
legality and the management of decisions it provides all the public bodies and also all
indictable offenses with the committals and the trails. All such criminal law manages the
variable nature and the working with which they align and frame the protections and also the
safety of individual and society by reflecting the strict laws on conducting any offense and
also by managing the applicability through which the affirmation can be applied. Their is
given certain area and the regulation through which the general rules are being outlined it is
mainly the imprisonment given to offenders, death sentencing, fines etc (Van Zyl, 2018).
Explanation of the role of the following Courts in the English Legal
system
High Court:
It is prominent and the superior court which mandates and improvise the general
changes in which the reflection of the laws and the variability in principles are managed. It
considers to have the different sets and the variable in court that contain the divisional areas
through which the reflection and management of justice is being given. Some of the major
areas are like the Queens bench, Administrative, chancery division, divisional court and
family division etc(Kulkarni and Jacob, 2020). all such court manage the working through
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their variable framework and this outlines the sources in which all the appeals from lowers
courts are addressed and heard and the issues related to property and public safety is
outlined. It considers to frame the nature in which they implicate the rules and the framing
nature through which the justice is outlined and analyses. Their is given that through all such
maintaining alliance High court evaluates and the justice and working (Ziqubu, 2019).
Supreme Court:
It is the important court which is been originated in 2009 though appellate committee
it carry out all the high standards and the methods through which the criminal outlines and
the cases are being managed. This enhance and manages all the reforms and the creation of
highest court which improvise and manage the highest standards in the court and deals with
all the outlining nature and for the public importance. This acts out to interpret all the cases
and the figures through which the decision making are made by hearing all the parties and
also by addressing and checking the reliability of the evidence and their working. This
contemplates to maintain the laws and the legal methods of working so as to accompany the
framing and the incorporating the issues. All the supreme court manages the laws and the
decision making to be binding on all lower courts and this attain to reframe the law
transcripts through which managing and the underlining nature of the work can be provided.
Their is also drawn the judicial precedents to be applied so as to maintain the systematic
approach and the legal applications of rules (Kucik and Puig, 2021).
Part 2: Source of law
Explanation of Case Law as a source of laws
This is Law report series which gives the bulk in the all the legal matters and law in
UK and are considered as the main source of law with general mechanisms. This means that
ll the decisions which are being heard and given by the court will be bound on the court and
others with equivalent outstanding nature. this manages to have the power in order to frame
and overrule all the decisions with equivalent standing. Their is analyses that all the decisions
that are being given by the superior courts will be binding on the lower courts. Precedent
implies to have the legal case in which they outline and manage the principled rules and all
the mechanism, through which they eventually underline the various factors and also the set
of decision making thorough different legislative principles. All the cases plays a vital role as
they make the rules in the UK which are being applied on all the people over there.
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Explanation of the process of making Legislation
It is mainly all the set of law which are governed and are managed by the parliament
through which the legal applications and the management are being addressed and
underlined. This generates all the legislative bodies in which the prerogative and the other
implied methods are being raised. It involves the parliament and the various prerogative
nature through which the orders, rules and the regulations are being imposed. In UK as the
constitution is not properly written tall the law making are being underlined through House of
commons and House of Lords they manage the alignment and the introduction of varies bills
in which the issues are being obtained and managed. They introduce the issue or requirement
in bill and then further readings are being made through which all the laws and the variable
nature is being addressed. Their is given all readings in which the necessary changes and the
amendments are carried on and their implies to have all the loopholes to be cov3ered and
managed with general changes. Once the bill is being gained the assent of all the members
then there is embarked the assent of the monarch in which they can give their royal assent. In
this stage after the assent are been given then it will be made law and the individuals will
have to manage it accordingly.
The meaning and examples of Delegated Legislation
It is all such act which are not being passed by the parliament but are aligned and
managed by the ministers. It is delegation of powers from all the governmental areas and the
ministerial bodies. It helps in applying all the fixation of dates and the establishment of all the
laws and the details through which legal rules are being aligned. All the delegated legislation
gives the dependency of parent act and also gives the procedures with all the parliamentary
scrutiny. Their is been given that in order to manage all such laws there is been raised that all
the shifting and dependency is framed and this outlines that all the nature and the
management is being framed. It is being delegated legislation implies to be used as to save
time and also to get the best decision making and functioning (Citi and Jensen, 2021).
Part 3: UK law making process: Employment Law
Statutory Duties of Employers to their employees
It is mainly all the statutory authority and the rules which are given in order to frame
the employment law there is been seen that in all the companies employees are required to
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manage the work and the positive structure with which it contemplated and protected all the
employees who are being working under the company some of the major rights are like:
All the employees will have the right to get effective training of work and also to
maintain the skills and the efficiency with which the adaptability and the growth can
be gained.
Employees are required to priorities all working and employers should give them
medical and health facility with which all addressing factors can be covered.
Leaves, remuneration and the maternity, paternity benefits are needed to be given on
time.
Formation of trade unions is the right of the employees in all companies.
Wrongful Dismissal and Unfair Dismissal Actions
This is claim of breach made by the employees in all the employment contract where
the employees are being terminated without serving any proper notice and there is given all
the laws and termination through which statue and their compliance are being framed. It is
been seen that in all the wrongful termination all the employees can ask for compensation as
there is needed to get the notice of minimum 12 weeks to the employees (Beham, 2018).
Unfair dismissal on the other hand are all such areas where the laws and the basic
principles in relation to the employment are terminated. This bis when the organization
makes the gross misconduct and also applies the summary dismissal in which they accrued
and frame the ,loss and the issues within it. They provide the disciplinary procedures with all
the information and the factor some of the reason for unfair dismissal are like maternity
leave, trade union and m,any more. Employees can there by ask for the compensation.
Conclusion
The above analysis concludes that business law manages all the public and the private
issues in relation to the organization. Their analyses that law maintain the superior command
and the belief in which rules and regulations are addressed and framed in accordance to the
nature and the working. Their is outlined that all the legislation gives the rules and basic
principles of working. Delegated legislation implies the subordinates to give all powers to the
ministers. Further unfair dismissal can be claimed in any of the company by all the issues in
which unfair means are made.
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References
Beham, M.P., 2018. State Interest and the Sources of International Law: Doctrine, Morality,
and Non-treaty Law. Routledge.
Citi, M. and Jensen, M.D., 2021. The Effects of Supranational Delegation on Policy
Development. JCMS: Journal of Common Market Studies.
Kucik, J. and Puig, S., 2021. Extending Trade Law Precedent. Vand. J. Transnat'l L., 54,
p.539.
Kulkarni, N. and Jacob, K.M., 2020. Treading a Fine Line-an Analysis of the Issues of
Judicial Overreach and Precedent Concerning the Appellate Body. Available at
SSRN 3795918.
MacDermott, T. and Riley, J.M., 2021. Religious freedom and job security. University of
New South Wales Law Journal.
Moosa, I. and Ramiah, V., 2018. Environmental regulation, financial regulation and
sustainability. In Research handbook of finance and sustainability. Edward Elgar
Publishing.
Solodova, K.Y., 2019. International Acts in the System of Administrative Law Sources. JE
Eur. L., p.62.
Van Zyl, B., 2018. Dismissal when an employment relationship breaks down. HR Future,
2018(9), pp.42-45.
Ziqubu, P., 2019. Dismissal due to mental illness is automatically unfair. Without Prejudice,
19(2), pp.23-24.
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