Business Law BMP4002: Analysis of the UK Legal System and Employment

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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 UK's legal systems, focusing on the classifications of civil and criminal law. The roles of the High Court and Supreme Court are explained, followed by an exploration of case law and legislation as sources of law, including delegated legislation. The report then delves into the UK law-making process, highlighting the roles of the legislative, executive, and judiciary branches. Finally, it examines employment law, covering statutory duties of employers, wrongful dismissal, and unfair dismissal actions. The report concludes that business laws are essential for forming legal structures that enable businesses to operate effectively and in an organized manner.
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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 laws means those rules which makes business process improved in
more effective manner. These laws deals upon various aspects related to business
organization that is covered within it. According to business law various kinds of
legislation and laws are developed in relation over making business organization
improve its efficiency. Further, business law deals upon various perspective which is
covered in relation to various factors of business organizations. Through business
law goals and objectives in relation to working of business is covered within it. Scope
of business organizations are wider as it impacts working of business organization
with more effectiveness. Nature of business law is dynamic which makes business
process affected directly. In this file things to be covered is base upon civil and
criminal law with high court and supreme court. Then sources of laws has been
discussed and employment perspective is explained in the end.
Part 1: Classifications of Law
Define laws and identify the respective legal systems in the UK
Law are based upon those aspects which has been used in order to form
those rules and regulation which has helped in protecting society in more effective
manner from various activities taking place within society. Laws are helpful in
developing various factors that makes protection done of an individual as well as
society(Kubacki, Szablewska and Kennedy, 2019). Further, law has helped United
Kingdom law has help in making justice provided in relation to crime taking place
within society. Through law different kinds of aspects regarding judiciary of United
Kingdom is highlighted. Laws has helped in developing proper framework which
makes justice served in more effective manner through this more strength is
provided to justice system of England. Two major laws that has been covered in
English legal system is civil and criminal law. Further, they have been explained as
follows:
Explanation with examples the following as means of classification
of laws in the English Legal system
a) Civil Law: These are the laws which is used in order to deal wit civil wrongs
which is committed by an individual living within society. Also these law has been
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covering various wrongs which are based upon aw, property law, banking law and
money laundering. Also the law has been used in forming stable and balanced
created within legal structure of justice in United Kingdom. They makes legal goals to
be achieved through efficiency and making people of United Kingdom develop string
structure. In England common law is also used with civil law which helps in making
better results to be achieved. Through such cases referable system within civil cases
is developed which makes strong structure created within United kingdom. Also civil
law makes principles by using these laws which makes laws to be originated as per
the modern criminal system. In this intellectual framework cannot be modified but the
court decision can appropriately provide relevance to particular situation.(Ogunyemi,
2020).
b) Criminal Law: These are those laws which are used in order to make justice
served regarding criminal cases which makes more effective legal structure to be
created that makes criminals to be punished. In this law various offenses like murder
, assault, rape and kidnapping is covered. Criminal law is based upon criminal
procedure code that is used in relation to investigation, trial and bail process.
Through the law investigation, trial and bail process is explained with process to
punished criminals. This makes criminal aspects covered in order to maintain public
safety an makes society welfare achieved in effective manner.
Explanation of the role of the following Courts in the English Legal
system
a) High Court: This court is one of the most important court present within
judiciary system. Legal system has been helping in making justice served
within real sense. There are three main divisions which is present within high
court that is Queen's bench, Chancellory division and family division. In
queens bench criminal cases has been handled in relation to criminal aspect.
Then comes second division which is Chancellory division which is based
upon civil cases handeled in more effective manner. Family division dealing
with all kinds of family related matters and child born out of it.
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b) Supreme Court: This is the court of appeal which is present within United
Kingdom. These court handled all kinds of activities which is based upon
protecting fundamental rights and constitutional stability is attained. The court
has been used in order to protect judiciary and its basic ethics. The court has
been given various powers like quasi judicial functions which is used in order
to makes judicial proceedings conducted in more effective manner. It is used
for advising government in order to form laws which are non constitutional in
nature and makes justice served in its real sense.
Part 2: Source of law
Explanation of Case Law as a source of laws
Case law are that source of law which is important in order to provide
relevancy to particular law. Under this source common law is applied by judges in
order to secure justice in its real meaning. It is prepared on the basis of facts and
situation existing within particular case. This helps in making landmark judgment
formed which can be used in future(Phillips and Moutinho, 2018).
Explanation of the process of making Legislation
Legislation is one of the most important part of legal system that makes laws
to be formed in more effective manner. Further legislation helps in forming law with
the proper process that is been provided as per constitution. Legislation are those
regulations which has been formed over making laws related to different aspects
existing within society. This is one of the most important source that makes law
formation possible. (Ruhullah and Qodir, 2020).
The meaning and examples of Delegated Legislation
Delegated legislation is one of the most effective legislation which is used in
order to provide power which has been given to another authority that helps in
making subordinate authority in more effective manner. Through this legislation that
has been passed in effective manner which makes emergency situations handled in
more effective manner. Also in relation to judiciary all kinds of legal functions are
handled in relation to tribunals. For, example the power of applying emergency is
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vested within Ministery and has also been given to privy council. This amount to
subordinate authority which makes authority to be given in more effective manner.
Part 3: UK law making process:
Legal system of United Kingdom is based over various organs that plays
important role within the law making process. Under it various organs has been
covered that are legislative, executive and judiciary. Further explanation in relation
role of organs has been explained as follows:
Legislative: This is one of the most important organ which makes role
performed within law making process of UK(Shanahan and Hopkins, 2019). In
order to form law legislative requires to apply three reading process that helps
in making permanent law. According to the process first stage involves
presenting bill within the House of Commons. Then in second stage bill is
discussed in detail with voting done upon it. In third stage discussion is done
upon amendments and the bill is send to House of Lords for final discussion.
After this royal assists is provided upon bill for making it permanent law .
Executive: This organ makes execution provided over making law formed in
proper within UK. As per this they hold responsibility in relation over
administrative work done within country . Also power has been delegated that
is one of the most important feature making sub authority formed leading over
justice served in more impact full manner.
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
They are the law which has been formed in relation over rights and duties of
employees through which employer and employee relation becomes more strong in
nature. This makes various aspects covered about equality, health, security and
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wages. Further, employment law act as one of the most effective law in relation to
managing business perspective
Statutory Duties of Employers to their employees
According to employment law there are various duties which is to be followed
by employer towards employee and has been explained as follows:
This is responsibility of employer for providing better business environment
helping in making employees satisfaction achieved in more effective manner
Employees safety is one of the first priority of an organization which provides
different kinds of health facilities that makes employees safety formed within
an organization(Surdam, 2020).
Employees require to treat equally as it helps an organization in achieving
goals and objectives of equality by an organization.
Wrongful Dismissal and Unfair Dismissal Actions
In order to dismiss employees there should be specific reason which is
mentioned within section 92 dealing with unfair dismissal of employee. According to
employee termination can be done only when ethical code of conduct, fraud and
theft is conducted by employee.
Conclusion
From this part it can be concluded that business laws are the laws which has
been used in order to form legal structure which is used by an business organization
for forming itself. In this legal structure has been formed making business
organization work in more organized manner. These laws deals with issues that has
been taking place within business organization. Under the report things covered is
based upon two major laws which is based upon civil and criminal aspect. Also in this
high court and supreme court has been explained with employment laws and unfair
dismissal.
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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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