BMP4002 Business Law: UK Legal System, Sources, & Employment Law

This report provides a comprehensive overview of the UK legal system for business, covering classifications of law such as civil and criminal law, sources of law including case law and legislation, and UK law-making processes with a focus on employment law. It defines laws and identifies the legal systems in the UK, explains the roles of the High Court and Supreme Court, and delves into the statutory duties of employers and actions related to wrongful and unfair dismissal. The report also details the three main organs of the UK legal system: legislative, executive, and judiciary, highlighting their respective roles in the law-making process. The content is structured to provide a clear understanding of the legal framework governing business operations in the UK.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Introduction 2
Part 1: Classifications of Law p-p
Define laws and identify the respective legal systems in the UK
p
Explanation with examples the following as means of classification
of laws in the English Legal system p-p
a) Civil Law p
b) Criminal Law p
Explanation of the role of the following Courts in the English Legal
system p-p
a) High Court p
b) Supreme Court p
Part 2: Source of law p-p
Explanation of Case Law as a source of laws p
Explanation of the process of making Legislation p
The meaning and examples of Delegated Legislation p
Part 3: UK law making process: Employment Law p-p
Statutory Duties of Employers to their employees p
Wrongful Dismissal and Unfair Dismissal Actions
Conclusion p
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Introduction
Business law relates to process of forming business organizations. These
laws provides legal framework which helps in making business process within its
various aspects. Further, business law provides legislation that leads towards
achievement of goals and objectives with proper legal framework. Business law plays
major role in providing appropriate knowledge in relation to provide structure to form
business organization. In business law various other law are used that help in
improving business process. Scope of business law has wider perspective which
makes business organization attain growth in positive terms within particular market.
In this file things covered is based over concept of law in relation to legal system
within UK. Also various sources of law has been explained. In the end employment
law has been covered with duties of employer and unfair dismissal of employees.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law means the discipline and professional concern within which customs,
practices and rules of conduct has been recognized that is bound through social
aspect existing within society(Kubacki, Szablewska and Kennedy, 2019). These
rules is enforced by appropriate authority in order to makes legal system developed
within country like United Kingdom. As per the legal system of UK various legislation
has been developed in relation to activities taking place within society. Under legal
system of UK two main laws are covered which is civil and criminal law. These laws
has made United Kingdom develop its legal structure as per demand of society.
Through civil and criminal law UK is able to enhance its English legal system in more
effective manner.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: These laws are based upon those legislation that has been used to
deal over private affairs of citizens living within country like United Kingdom. In other
words civil law means those laws that has been formed in order to deal upon various
aspects formed in relation to society. It has helped in making individual's legal
perspective understood in better manner. Further major aspects of civil law is
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covered through forming civil code of procedure. In this various kinds of process in
relation to applicability of penalties within civil case is covered. This code covers
about various civil legislation's applicability which makes justice served without any
biases. Under civil law offenses related to property, tort law and contract law is
covered. Justice is served within civil cases through civil laws as its has been formed
to deal with civil wrongs only. These laws has been developed in order to makes
justice served in its real sense. The term “civil law” can have two meanings. First, it
can mean matters of private law, such as personal injury, contract cases or other
legal disputes between private individuals. This is distinct from criminal law. Second,
it can mean a legal system based on a civil code.
Further civil law helps in creating stability within civil legal system according to
common law which is used in relation to civil law. These law has provide more
clearance in relation upon justice provided in more effective manner. In England
common law acts as basic law which makes innovation developed from legal
perspective helping in achieving primary goals and objectives with better results in
particular case. As per this in civil cases justice is protected upon making
effectiveness developed for procuring justice. Under civil law principles has been
developed through codified laws. Also through principles justice is more effective in
nature which makes legal system within UK improved. Civil law helps in making
principles codified through referable system. Further with civil law common law is
also used which makes judges to be modified facts of case and produce new
decisions that becomes law in later stage. These laws are applied all over England
and Wales court(Ogunyemi, 2020).
b) Criminal Law: These are those laws that has been used in order to deal with
certain aspects based upon crime taking place within society. In these laws public at
large is effected through offense committed by an person. Criminal law has been
developing through criminal procedure code which defines about various process
existing within society. Criminal law mainly deals with criminal activities happening
within society. Through criminal law various offenses like murder, assault, rape ,
kidnapping, extortion and mob bleaching is handled with fair means of justice. Also
the law secures public by protecting them form criminals and lunatic people.
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Further, criminal code of conduct develop investigation process followed by
police with trial and proceedings that has to be followed by judges within criminal
court. These law has formed various legislation which has helped in punishing
criminal with penalties in relation to nature of offense. The law makes public safety
achieved in United Kingdom. Criminal law makes various aspects of society covered
within it related to criminal offense.
Explanation of the role of the following Courts in the English Legal
system
a) High Court: This court is second highest court of appeal that holds
responsibility in order to secure justice in its original sense making judicial
proceedings conducted with legality. High court of United Kingdom consists of
three divisions which are Queen's bench, Chancellory bench and Family
bench. Under queen's bench criminal matter is handled through using criminal
law(Phillips and Moutinho, 2018). Then in chacellaory division civil cases is
discussed and handled in more effective manner. Family matter and marriage
related cases are handled by family division. These division together form
strong legal structure within High Court of UK. Also high court entertains case
only when it has been heard and decide by the lower courts. Directly case
cannot be presented in front of high court. The court also keep check upon
functioning of lower court in order to make judiciary function with ease. It has
been given power to as accountability of lower courts over judgment passed
which has been turned out by high court. High Court plays important role in
making law provide justice in appropriate manner.
b) Supreme Court: It is highest court of appeal that makes justice served in
relation to those cases transferred form high court. These cases is heard in
the form of appeal thus supreme court is known as court of appeal. The court
deals with all kinds of cases which are falling within judicial framework formed
by a country. The court has been embedded with different powers in relation
to various aspects of legal system within United Kingdom. This court has
power in relation to put stay upon any law creating rigidity within society or
has not served justice in its real sense. Supreme court in order to procure
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justice uses common law which makes new law formed in more secured
manner.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law are one of the most important source which provides relevancy
within law making process. This source has helped in providing justice when
statutory law fails to do so. According to the source landmark case law has been
analyzed in detail with facts and law applied within it. It helps in understanding about
law applicability within particular case. Source is used only when justice is not served
in its real sense through applying statutory law within it. The landmark judgment
passed through the source is used within future over procuring justice.
Explanation of the process of making Legislation
Legislation is on of the most important source that has been used in order to
form law. According to source laws are formed using three reading process making
justice procured in more effective manner. Further the source uses three reading
process which has been prescribed within constitution of UK(Ruhullah and Qodir,
2020).
The meaning and examples of Delegated Legislation
Delegated legislation is another important source that is used by executives in
order to provide power over subordinate in order to handle various situation within
which main authority cannot interfere directly. This legislation is been formed through
passing an order or circular that specifies the purpose and time period subordinate
holds authority within particular case. They are given powers to act immediately over
situation existing in society. It makes legal structure formed in more effective manner
by providing power to secure justice. This can be understood with the help of
example that is Ministery exercises power of applying emergency and can also be
applied with the help of Privy Council.
Part 3: UK law making process:
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Legal system of United Kingdom is effective system that is based over three
main organs which is used for law making process. These organs are legislative,
executive and judiciary. Further explanation in relation to organ has been provided
as follows:
 Legislative: These are one of the basic organ that has been used in order to
for law within the country like UK. This is one of the most important organ
which makes role performed within law making process of UK. Three reading
process has been followed within which first stage bill is only presented within
parliament and no discussion is done. Then in second stage discussion with
voting is done within House of Commons. In the end third stage is there which
makes important discussion to be done within House of Lords. Then royal
assistance is provided making bill permanent law applied within
UK(Shanahan, and Hopkins, 2019).
 Executive: This is second important organ that is present within UK which
helps in making administrative work done in more effective manner. According
to this justice is served in more effective manner. As legislation is based upon
sub authority leading over making legal structure formed.
 Judiciary: This is third organ that has been used within law making process
of United Kingdom. Judiciary is one of the most effective system which makes
situation deal in more effective manner in relation to justice. They are required
to protect fundamental rights and constitutional framework existing within
country. They holds important responsibility upon protecting justice in its full
sense.
Employment Law
These are those laws that has been used in order to protect rights and duties
of employees. Further, employee's and employer relationship is improved over
protecting law in effective manner. This makes duties of employer towards employee
highlighted(Surdam, 2020).
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as
follows:
 To maintain health and security of employees
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 Wages should be given in secured manner and on timely basis
 Employee's should be treated equally as per equality law.
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
Business law are those laws that has been formed in order to makes business
organization developed in more effective manner. Through these laws different
process in relation to business has been followed. Further in this file things covered
is based upon criminal and civil law. Also high court with supreme court is explained
and sources of law is covered. Then in the end employment law is discussed.
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REFRENCES
Books and Journals
Batteau, A.W. and Trainor, B.J., 2017. The Ethics of the Profession of Business Anthropology.
In Ethics in the Anthropology of Business (pp. 54-69). Routledge.
Dickinson, A.L., 2017. Recent Ethics Opinions of Significance. J. Legal Prof., 42, p.291.
Fairchild, and et. al., 2018. 14. Health Justice. In Public Health Law and Ethics (pp. 587-612).
University of California Press.
Gentile, M.C., 2017. Giving voice to values: A pedagogy for behavioral ethics. Journal of
Management Education, 41(4), pp.469-479.
Kubacki, K., Szablewska, N. and Kennedy, A.M., 2019. Guest editorial: Social good and ethics
in social marketing for wicked problems. Journal of Social Marketing, 9(4), pp.485-
489.
Ogunyemi, K., 2020. Virtue ethics traditions in Africa–an introduction. In African Virtue
Ethics Traditions for Business and Management. Edward Elgar Publishing.
Phillips, P. and Moutinho, L., 2018. Business ethics. In Contemporary Issues in
Strategic Management (pp. 178-194). Routledge
Ruhullah, M.E. and Qodir, Z., 2020. Political Ethics by Sheikh Hasina And Khaleda Zia’s
Government from 2009 to Present: A Research on Literature Review. Khazanah
Sosial, 2(3), pp.167-178.
Shanahan, K.J. and Hopkins, C.D., 2019. Level of agreement between sales managers and
salespeople on the need for internal virtue ethics and a direct path from
satisfaction with manager to turnover intent. Journal of Business Ethics, 159(3),
pp.837-848.
Surdam, D.G., 2020. Examples of Mid-Nineteenth-Century Business Ethics in America. In
Business Ethics from the 19th Century to Today (pp. 71-99). Palgrave Macmillan,
Cham
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