BSc Business Law: Understanding the UK Legal System - BMP4002

This report provides a comprehensive overview of the UK legal system within the context of business law. It begins by defining laws and identifying the civil and criminal legal systems in the UK, further explaining the classifications of law with examples. The role of the High Court and Supreme Court in the English legal system are discussed, followed by an explanation of case law and legislation as sources of law, including delegated legislation. The report then delves into UK employment law, covering statutory duties of employers to their employees, and actions for wrongful and unfair dismissal. The conclusion summarizes the importance of business laws in forming effective business organizations and the significance of the topics covered in the report.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
Submitted by:
Name:
ID:
1

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........................5
Part 2: Source of law..................................................................................................................6
Explanation of Case Law as a source of laws ...................................................................6
Explanation of the process of making Legislation.................................................................6
The meaning and examples of Delegated Legislation...........................................................7
Part 3: UK law making process:..................................................................................................7
Employment Law...................................................................................................................7
Statutory Duties of Employers to their employees ............................................................7
Wrongful Dismissal and Unfair Dismissal Actions ..............................................................7
Conclusion..................................................................................................................................8
REFRENCES.................................................................................................................................9
2

Introduction
Business law means those laws that leads towards forming of business
organization as per the legal guidance that is provided within a country. The law has
allowed various kinds of legislation formed that has helped in making business
organization in more effective way. These laws has made business organization
operate as per legal structure. Business law has made goals and objectives of
business related activities achieved in more effective manner. These activities are
time specific and helps in growth of business practices possible. Also business law
has helped in developing growth with sustainability helping in securing business
activities. Scope is wider of business law as it helps in making business organization
in particular country. Nature is drastic as it has tendency for effecting business
working patterns. In this report things that has been asked is legal system of United
Kingdom which covers about civil and criminal law. Also sources of law is covered
with various aspects of employment law.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law means those set of rules which has been formed in order to develop
proper legislation which is based upon dealing with civil and criminal cases making
justice served in effective manner. In order to improve legal system within a country
and solving legal issues it has helped in making justice served in more effective way.
It makes improvement caused over legal system which has made legislation of
country served in effective way(Brubaker, 2019). This makes acts and laws formed
with the analysis of facts, issues and law applied within particular case. It has helped
in making justice serve in its real sense. In English legal system there are two main
laws that has been mentioned under it which are civil and criminal law. These laws
makes justice served in its real sense.
Explanation with examples the following as means of
classification of laws in the English Legal system
a) Civil Law:
Civil law means those laws that is formed upon dealing with the problem
which has been taken place out of an act committed by an individual harming
another individual. These laws has tendency over developing legal structure which is
3

based upon civil law. In order to understand this various aspects has been covered
which deals upon private crime impacting individual's living standards. The activities
conducted by an individual is termed as wrong. In order to understand about private
wrong individual's behavior pattern has been understood. They are covered within
civil as legislation present within civil law is based upon individual's behavior. These
laws makes factors understood with applicability of legal facts. Also through this
various factors has been focused that make legal acts to be formed which is based
upon teaching discipline to an individual. Also the law has been helping in making
legal acts applied in more effective way. Through civil law various aspects in relation
over applicability of legal acts has been covered. Through using civil law legal
system impact over activities is conducted which makes individuals living in
community. Also it helps by serving justice in respect of civil law(Brown, 2018).
This has been helping in serving justice in respect of civil law. Different types
of process and procedure is developed through using civil procedure code under civil
law. The code makes civil law more relevant in nature which makes civil laws applied
in more effective way. As per this various types of elements has been discussed with
process making cases solved in effective manner. Common laws are used in order
apply law according to situation existing within society. It makes judgment formed in
more effective manner which makes justice provided within particular case. Also
common law makes society understand about various legislation that are based over
issues which is related to property, law of torts, employment law, contract law and
private law. Since common law is applied as per the situation by using common law
principles making property, banking, fraud and sales of good issues solved in
effective way. Through applying common law justice is served in more effective
manner which makes civil law applied to an individual. It makes legal system
enhanced in more effective manner.
b) Criminal Law:
Criminal laws are based upon those rule and regulations that is made upon
handling criminal issues that has taken place within society. These laws has major
impact upon activities taking place in society. These laws has been creating impact
upon people which help in serving justice based on being offense conducted by
people for harming society and make indiscipline caused within it. Under law criminal
4

offense is explained which make great impact to be made on life of people living
within society. In relation to this laws various kinds of punishment and penalties in
relation upon crime has been explained. In relation to this law punishment mentioned
in order to deal with offenses or crime(Boppre, 2018). Through making
enhancement of legal system it helps in procuring of justice regarding criminal law.
This has been helping in enhancing legal system within society in effective way.
Criminal procedure code used making legislation of criminal law applied in more
effective manner. It has helped in providing procedure in relation to trial, procedure
and investigation that covered within it. Different types of offenses are covered in
criminal law like murder, assault, kidnapping, extortion, rape and money laundering.
The reason behind for forming this law is to give punishment to heinous criminals
and psychotic people.
Police used criminal procedure code for performing investigation in particular
criminal matters. In accordance with it different legislation is formed in order to helps
court for giving appropriate punishment and penalties in specific criminal case.
These laws help society by developing security and safety in public in related to
criminal case matters.
Explanation of the role of the following Courts in the English Legal
system
a) High Court:
High court is one of the most important part of legal system which helps in
making United Kingdom to deal with all kinds of cases based upon civil and criminal
aspect. The court has been divided into three important parts which are Family
bench, Chancallery bench and Queen's bench(Bootsman, 2019). All these part has
power to pass judgment in particular case that is effective in nature. First part is
Queen's bench that handles criminal cases of all kinds which makes justice achieved
through judicial proceedings. Second part is based upon chancallory division which
handles all issues that is related to civil and private law. Then comes third part based
upon family which handles cases related to marriage and child born out of it. All
these parts help English legal system y reducing its complexity. High court also
handle those cases in which lower court passed judgment or has been challenged in
high court.
5

b) Supreme Court:
Supreme court is the highest court in judicial system of United Kingdom and
also known as court of appeal as it handles those cases which comes in the form of
appeal. This also help in by protecting constitution and fundamental rights which has
been formed in Constitution of UK. This court is also known as protector of legal
system and also help it by making it more advanced in effective manner. Supreme
court become helpful on those cases in which lower courts passed judgment in
which justice has no been served in accordance of it. The cases which has been
solved in this court which has great impacts on public interest. Supreme court has a
power to make legal interest served in United Kingdom. It also helps in developing
common law principles in order to make landmark judgment and become law for the
country.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law acts as one of the most important source which has been formed in
relation to deal with those statutory law which requires to be amended within society.
This makes case solved in more effective manner by applying common law
principles within it(Baradel, 2021). The case has been solved in effective manner
which makes judges pass judgment that becomes landmark judgment which is been
used in future. These sources has made new law formed in effective way making
justice served in its real sense. As per this all kinds of flaw existing within statutory
law has been covered making cases solved with more impact. The source is based
upon using legislation formed in new way which makes it more relevant in nature.
Explanation of the process of making Legislation
Legislation is one of the most important part that has been used in permanent
law which is statutory in nature. This makes statutory laws formed which is helpful in
serving justice as per the nature of case. As per legislation process has been used
which is three reading process that helps in forming law in more effective way. In this
process legislation formed is used in trial of judiciary.
6

The meaning and examples of Delegated Legislation
Delegated legislation means that kind of legislation which is passed by
legislative authority which is involved within administrative work. It has been made
over passing ordinance in particular situation where executive cannot directly
interfere in matters. The ordinance passed makes time and purpose of committee
formed specified in detail. This helps in making burden reduced that allows power
segregated making applicability of legal system possible. It is better understood with
the help of example that is, ministry exercises power of applying emergency and can
also be applied with the help of Privy Council.
Part 3: UK law making process:
Employment Law
These laws has been formed over those issues that has been used for
protecting rights and duties of employees in more effective way. In this employment
law uses various elements is used that has been helping in serving justice in relation
over issues faced by employees working in an organization(Aji, 2019). In this things
like quality, wages and rights is covered that has direct impact upon employment
law. As per the law various legislation has been formed which are Equality Act 2010,
Employee Right Act 1996, National minimum wage Act 1986 with Health and
security act 1985. The law allowed forming of strong relationship between employer
and employee. These law has given power to employees in order to gain
compensation in the form of remedies.
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 employer duty is to maintain health and security of employee.
 Wages of employee should be given on time with bonus or incentives.
 Employee's requires equal treatment to be done which helps in solving
discrimination issues.
Wrongful Dismissal and Unfair Dismissal Actions
7

Under employment law within Employees Right act 1996 section 92 deals
with dismissal of employees over unfair terms. It says that employees cannot be
terminated on basis of unfair means.
Conclusion
From the above discussion it has been concluded that business laws are the
laws that has been used in making business organization formed through effective
means. The report has covered about civil law which is based upon private law and
criminal law based on society law. Also source like case law, legislation and
delighted legislation has been covered. In the end employment law with duties of
employer has been covered in relation to two main aspect that is worng full dismissal
of employee and statutory duty.
8

REFRENCES
Books and Journals
Aji, W.S., 2019. The Implementation of Diversion and Restorative Justice in the
Juvenile Criminal Justice System in Indonesia. Journal of Indonesian Legal
Studies, 4(1), p.73.
Baradel, M., 2021. The rise of shaming paternalism in Japan: recent tendencies in
the Japanese criminal justice system. Trends in Organized Crime, 24(1),
pp.23-41.
Bootsman, F., 2019. Neurobiological intervention and prediction of treatment
outcome in the juvenile criminal justice system. Journal of criminal
justice, 65, p.101554.
Boppre, B.L., 2018. Intersections Between Gender, Race, and Justice-Involvement:
A Mixed Methods Analysis of Women's Experiences in the Oregon Criminal
Justice System.
Brown, P., 2018. Ethical challenges to research in the criminal justice system.
Brubaker, S.J., 2019. Campus-based sexual assault victim advocacy and Title IX:
Revisiting tensions between grassroots activism and the criminal justice
system. Feminist criminology, 14(3), pp.307-329.
Burman, M., 2019. Women and the Scottish Criminal Justice System. In Criminal
Justice in Scotland (pp. 284-301). Routledge.
Carroll, C.P., 2021. Accessing rights and mitigating revictimization: The role of the
victim’s legal counsel in the Swedish criminal justice system. Violence
against women, p.1077801220988341.
Elias, R., 2017. Victims of the Systemvictims of the System: Crime Victims and
Compensation in American Politics and Criminal Justice.
Ellem, K., 2019. Supporting people with cognitive disabilities in contact with the
criminal justice system: The importance of relationship-based
practice. Research and Practice in Intellectual and Developmental
Disabilities, 6(2), pp.164-177.
Goshin, L.S., 2017. Humane language for people in the criminal justice
system. Jama, 318(22), pp.2258-2259.
Iturralde, M., 2020. The Legal Fiction of the Right to Defense in the Colombian
Criminal Justice System. Ind. J. Global Legal Stud., 27, p.289.
Lara‐Millán, A. and Van Cleve, N.G., 2017. Interorganizational utility of welfare
stigma in the criminal justice system. Criminology, 55(1), pp.59-84.
Mai, C. and Rafael, M.K.E., 2020. User Funded? Using Budgets to Examine the
Scope and Revenue Impact of Fines and Fees in the Criminal Justice
System. Sociological Perspectives, 63(6), pp.1002-1014.
Willison, J.S. and O’Brien, P., 2017. A feminist call for transforming the criminal
justice system. Affilia, 32(1), pp.37-49.
9