BMP4002 Business Law: Exploring the UK Legal System and Processes

This report provides an overview of the UK legal system for business law, beginning with a classification of laws into civil and criminal categories, explaining the roles of the High Court and Supreme Court. It explores sources of law, including case law and legislation, and discusses the process of making legislation, including delegated legislation. The report also covers the UK law-making process, focusing on the roles of the legislative, executive, and judiciary branches. Furthermore, it examines employment law, statutory duties of employers, and wrongful and unfair dismissal actions, referencing the Employment Rights Act 1996. The report concludes by emphasizing the importance of business laws in creating effective and legally compliant business organizations.

BSc (Hons) Business Management
BMP4002 Business Law
Assessment 1
Legal System for Business
Law
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Contents
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Table of Contents
Table of Contents
Introduction ...............................................................................................................................3
Part 1: Classifications of Law......................................................................................................3
Define laws and identify the respective legal systems in the UK...........................................3
a) Civil Law: ............................................................................................................................4
b) Criminal Law: ..................................................................................................................4
Explanation of the role of the following Courts in the English Legal system.........................5
High Court:.............................................................................................................................5
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: .................................................................................................6
Employment Law ...................................................................................................................6
Statutory Duties of Employers to their employees .............................................................7
Wrongful Dismissal and Unfair Dismissal Actions ...............................................................7
Conclusion..................................................................................................................................8
REFRENCES.................................................................................................................................9
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Introduction
Business law means laws that has been made for forming legal structure of
business making organization developed effectively. In this law business
organizations are developed as per the legal structure which has been developed in
effective way. Under these laws organization work as per legal framework which has
been provided within a country. In these business organization is able to develop
proper guidelines making goals and objectives of an business organization achieved
in more effective way. This also makes business attain sustainability which has been
achieved by helping making work done in different business process. These are the
laws that has been formed in order to make business organization work properly
business laws are used that leads over enhancing business capabilities. Scope is
wider as it creates direct impact upon functions regarding business organization.
Nature is dynamic which leads over enhancing business activities. The report
explains about various aspects regarding civil and criminal law. Also sources
regarding law formation is discussed. Employment laws with the concept of unfair
dismissal and statutory obligations has been explained.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law are those rules and regulations that has helped in making legal structure
of a country enhanced with strong impact. These laws makes legislation and act
which maintain balance within society.(Conrad, 2018). Also law has helped United
Kingdom to improve legal system through providing guidance for maintain balance in
society. The legislation formed in United Kingdom is based upon two major laws
which are civil and criminal law. These laws has lead upon improving basic aspects
related to English legal system. Both civil and criminal law has lead upon dealing
with various perspectives that impacts living standards of people living in country.
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law:
These laws helps on dealing with all kinds of civil laws which has made
individual living in society. Civil law deals with cases based upon tort law, property
law, banking law and money laundering. Such law majorly deals with individual and
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there personal aspect. Under civil law civil procedure code is used that provides
various perspective in relation to civil trials and proceedings. These laws uses
common law that helps on creating significant with relevancy over applicability of civil
law within country like UK(Courcelles, 2019).
b) Criminal Law:
The law has been used within English legal system in order to deal upon
criminal offenses taking place within society. Under these laws offenses related over
murder, assault, rape and kidnapping. These laws follows criminal procedure code
that helps in handling various aspect related to investigation, trial and bail process.
Criminal law exists within English legal system in order to punish criminal. This
makes public safety and social welfare achieved in more effective manner through
controlling crime within society. The law has always seek-ed towards management
of criminals in society. Common law is used for producing better outcomes related to
society.
Explanation of the role of the following Courts in the English Legal
system
High Court:
These are the courts which are most important part of legal system which
makes justice procured in its real sense, In high court there are three main division's
like Queen's bench, Chancellory division and family division. They have been given
powers to handle cases of both civil and criminal nature with family cases. Also high
court deals with cases transferred from lower courts due to existence of hierarchy of
courts which has embalmed proper process to be followed. The court deals with
appeals and thus known as court of appeal (Dickinson, 2017).
Supreme Court:
These are the highest court of appeal in United Kingdom has been dealing
upon cases which has been transferred from high court. The court is given various
kinds of powers which helps in guiding and protecting constitution of a country. Also
these court are having power to form sub judicial authority within quasi judicial
functions. Also the court can used there power to apply common law with the help of
three golden rule. They are able to protect society and public interest when an PIL
has been field within particular case.
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Part 2: Source of law
Explanation of Case Law as a source of laws
Case law these source is based over information provided regarding laws
formed in more effective manner. The source based over facts and issues with
judgment passed in particular case. It has been applied when statutory law is nit able
to make justice served in more effective manner. In this various kinds of loopholes
has been covered in relation over legislation which has been permanently formed.
As per this better understanding has been developed in relation to the act which
makes innovative principles in relation to judiciary formed in effective
nature(Fairchild, and et. al., 2018).
Explanation of the process of making Legislation
Legislation is the source which has been used upon making permanent law
for a country formed. In this statutory laws has been formed through using three
reading process that makes permanent law applied within UK. In this statutory law
has been formed which makes three reading process that has been given within
United Kingdom. These laws are used within trials that has been conducted by
judges in relation to particular case making law applicable within the judicial system
of United Kingdom.
The meaning and examples of Delegated Legislation
Delegated legislation is the aspect which has been formed in order to handle
laws existing within society. This legislation used to protect society by making sure
that laws applied protect balance within society. Through these legislation legal
perspectives are covered which reduces burden upon executives and makes law to
be implied effectively. Also through this sub authority has been created by passing of
regulation in relation to it. In this legislation is passed through ordinance within which
time and motive of its formation has been created. This can be understood with the
helps of example that is an order regarding emergency is given by government and
can also be issued by the privy Council.
Part 3: UK law making process:
Legal system within country is based upon three main organs which is used
for forming law according to process that has been defined within constitution. These
organs are legislative, executive and judiciary has been explained as follows:
Legislative: This organ helps in forming law by following proper process which has
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been given within constitution of a country. The legislative process helps in forming
legal structure used by an organization. Executive: They are known as second most
important organ which is provided in order to form law applied within society in more
effective manner. Judiciary: This is third organ which is used upon including working
of judicial system within which laws formed does not violate fundamental right and
constitutional framework(Halbert and Ingulli, 2020)
Employment Law
These laws has been developed in relation to business organizations which
makes issues solved in more effective manner . The law is majorly deals with
inequality, wage issues and employment right issues. In order to make legislative
perspective achieved within employment law various acts has been formed that is
employment rights act 1996, Minimum Wages act 1986 and Equality act 2010. For
example Jacob has been working within an organization from very long time and
has been fired because of his religion. Jacob can sue organization as per Equality
act 2010.
Statutory Duties of Employers to their employees
There are various kinds of duties employer that has been explained as follows:
 They are helpful in maintaining health and security of employees. This is one
of the most important duty which has to be followed by employer within an
organization making development of health care policies done(Katsos and
AlKafaji, 2019).
 Wages of employee's has been handling things in secured manner which
makes proper legal structure formed. This is based upon providing wages in
legal manner.
 Employee's should be treated equally which makes non discrimination policies
formed within an organization making diverse workforce developed within an
organization.
Wrongful Dismissal and Unfair Dismissal Actions
Under employment law various aspects has been covered which is based upon
unfair dismissal within Employee Right Act 1996. In the law section 92 of the act
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unfair dismissal has been covered(Mayer, 2018). In this employee cannot be
dismissed when act committed by employee has not been violating any ethical code
of conduct. Employee can only be dismissed when fraud or theft has been
conducted by employee. In order to dismiss an employee irganization is required to
give prior notice with valid reason. The case of Reilly v Sandwell is an important
case which is based upon appeal of summary dismissal made of employee was
unfair. In this case court held that Mrs Reilly's appeal was been accepted as it was
the duty of school to check that governing body was involved in sexual violence.
Conclusion
From the above discussion it can be marked out business laws are those rules
and regulations which has been formed in making business organization more
effective in nature. Also the law deals with legal structure which makes protection
done with more effectiveness in relation over corporate activities taking place within
country. The report discuss about civil and criminal law which has been making legal
system of United Kingdom more strong in nature. Also sources making law has been
discussed. In the end employment law with perspective of unfair dismissal and
dismissal of employee's has been explained.
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REFRENCES
Books and Journals
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Phillips, P. and Moutinho, L., 2018. Business ethics. In Contemporary Issues in Strategic
Management (pp. 178-194). Routledge
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
Batteau, A.W. and Trainor, B.J., 2017. The Ethics of the Profession of Business Anthropology.
Buchheit, L.C., 2019. Ethical considerations in the representation of sovereign clients. In
Research Handbook on Law and Ethics in Banking and Finance. Edward Elgar
Publishing.
Burri, T., 2021. The New Regulation of the European Union on Artificial Intelligence: Fuzzy
Ethics Diffuse into Domestic Law and Sideline International Law. Available at SSRN
3865149.
Conrad, C.A., 2018. Ethics in Business Education. In Business Ethics-A Philosophical and
Behavioral Approach (pp. 327-337). Springer, Cham.
Courcelles, D., 2019. The Ethics of the Merchant in the Islamic Faith: From Ibn Khaldoun to
Islamic Finance.
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).
Halbert, T. and Ingulli, E., 2020. Law and ethics in the business environment. Cengage
Learning.
Katsos, J.E. and AlKafaji, Y., 2019. Business in war zones: how companies promote peace in
Iraq. Journal of Business Ethics, 155(1), pp.41-56.
Mayer, C., 2018. Prosperity: Better business makes the greater good. Oxford University
Press.
In Ethics in the Anthropology of Business (pp. 54-69). Routledge.
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