You are working as legal expert at a firm. This year, your company represents for a client to cooperate with another Partner in the UK. The project is going to happen in the UK as well. Your job is to make research of basic principles of the legal system of the UK in order to support your client for the subsequent investment plan. You are asked to make an individual report. Essentially, the report will contain the following matters: (1) Explain the different sources of the law in general. And, (2) Explain the role of the government in law making and how statutory and common law are applied in the justice court.
ASSIGNMENT FRONT SHEET Qualification BTEC Level HND Diploma in Business Unit number and title Unit7: Business Law Submission date Date Received 1st submission Re-submission Date Date Received 2nd submission Student Name Student ID Class Assessor name Student declaration I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism I understand that making a false declaration is a form of malpractice Student’s signature Grading grid P1 P2 M1 D1 r Summative Feedback: Resubmission Feedback: GInrtade:ernal Verifier’s Comments:A ssessor Signature: Signature & Date: r Date: Assignment Brief (RQF) Higher National Certificate/Diploma in Business You Name/ID Number: Unit Number and Title: Academic Year: Unit 7: Business Law (736) 2019 Unit Assessor: Assignment Title: ASSIGNMENT Issue Date: Submission Date: Internal Verifier Name: Date: Submission Format: Format: • This assignment is an Individual report and specifically • You must use font Calibri size 12, set number of the pages and use multiple line spacing at 1.5 Margins must be: left: 1.25 cm; right: cm; top: cm and bottom: cm • You should use in text references and a list of all cited sources at the end of the essay by applying Harvard referencing style • The recommended word limit is 2000-2500 words (+/-10%), excluding the tables, graphs, diagrams, appendixes and references You will not be penalized for exceeding the total word limit • The cover page of the report has to be the Assignment front sheet (to be attached with this assignment brief) Submission • Students are compulsory to submit the assignment in due date and in a way requested by the Tutor • The form of submission will be a soft copy posted on http://cms.greenwich.edu.vn/ • Remember to convert the word file into PDF file before the submission on CMS Note: • The individual Assignment must be your own work, and not copied by or from another student • If you use ideas, quotes or data (such as diagrams) from books, journals or other sources, you must reference your sources, using the Harvard style • Make sure that you understand and follow the guidelines to avoid plagiarism Failure to comply this requirement will result in a failed assignment Unit Learning Outcomes: LO1 Explain the basic nature of the legal system Assignment Brief and Guidance: *This assignment guidance is for reference only and should be more specific in detail to meet customised needs You are working as legal expert at a firm This year, your company represents for a client to cooperate with another Partner in the UK The project is going to happen in the UK as well Your job is to make research of basic principles of the legal system of the UK in order to support your client for the subsequent investment plan You are asked to make an individual report Essentially, the report will contain the following matters: (1) Explain the different sources of the law in general And, (2) Explain the role of the government in law making and how statutory and common law are applied in the justice court You are free to choose: - The company which headquarters in the UK or has a branch in the UK - The cases/ the resolved legal suit which was heard in the UK/US In other words, it has been settled down by the UK/US court Structure of the Report: General introduction of the report: the purposes and the main contents of the report An explanation of different sources oflaw Specifically, for the source of law, you need to explain the definition and function of law in general, as well as the differences between case law/ common law and statutory law/ codified law Besides, you should analyse the development and recent reforming of different sources of law in the UK/ US by giving some specific examples Furthermore, you had better choose Vietnamese legal system or another local law system (for foreign student) to justify the development and recent reform 3 An explanation of the role of government in law-making and how statutory and common law is applied in the justice courts First, explain the role of government in law- making with respect the function of the Parliament to produce the statutory law, and the procedure of making law of the Parliament Second, explain the UK court structure through charts and short explanation Third, demonstrate how the UK/US judge applies law in in resolving the legal suits by choosing one case(a resolvedly legal suit)for analysis with the following contents: (i) Summarize the FACTS of the case;(ii) Point out the LEGAL ISSUE; (iii)List some HOLDINGS/ DECISIONS of the court; and (iv) identify which LAW (Precedent, Law, Code or Act) was applied by the court in his/her Decision (name the law only) and clarify that the applied law is statutory law or case law A conclusion to summarize all the key findings and analysis must be presented Learning Outcomes and Assessment Criteria (Assignment 1): Learning Outcome Pass LO1 Explain the basic nature of the legal system P1 Explain sources of law Merit Distinction different M1 Evaluate the LO1 &LO2 D1 Provide a effectiveness of the legal coherent and critical system in terms of evaluation of the legal recent reforms developments and system and law, with evidence drawn from a range of different relevant examples to support judgments P2 Explain the role of government in law making and how statutory and common law is applied in the justice courts Table : Introduction 10 The definition of law in general .10 Function of law in general 10 Explain the main difference between the Case law and Statute law 11 Criminal law vs civil law 12 Distinguish the role of Parliament and the role of Government in law-making 13 Process to making law of Parliament 15 Explain UK court structure .17 References 20 Introduction In this assignment, I will explain to the teacher the basic nature of the legal system including: at P1, I will explain the different sources of law and the P2, I will explain the role of government in law making and the way in which law is disseminated and applied in justice courts All definitions and analysis of the rules will be explained and clarified in the following section LO1 Explain the basic nature of the legal system P1 Explain different sources of law The definition of law in general The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties Function of law in general Many philosophers have attempted to explain the origin of law, and of civil society The purpose of this treatise is not to examine these perpetual questions, but rather to accept the fact that laws exist and examine the role of law within civilized society, beginning with the purpose of law, and then proceeding to how that purpose may best be achieved by humanity The purpose of law is to produce one of two things: either [1] an idealistic society or [2] a practical society more tolerable than what has been labeled by some philosophers as the state of nature, in which there are no formal ties between mankind, and no civil or statutory law Laws are enforced in a practical society by means of punishment and reward, reinforced with appeals to justice In an ideal society, laws are similarly enforced through actual punishment and reward based on a concept of justice Additionally, as observed previously, the laws of an ideal society are further reinforced by idealistic beliefs, and in some cases, abstract punishment and reward ( punishments and rewards that are not immediate, but are believed to take place at some later time in the future or in the next life) The concept of the functions of law is of major importance It is needed to explain the nature of law, to explain disciplines associated with law, to correctly interpret and apply law, to pinpoint the interaction of law with social norms and institutions, to determine which general principles to which the law should conform or deviate, and to explain the law within the context of normative philosophy This chapter aims to contribute to the elaboration of the comprehensive reasoned scheme of the functions of the law In it, the questions of the social functions of law are distinguished from the question of classifying legal norms into distinct normative types The four primary functions of law – preventing undesirable behaviour and securing desirable behaviour which is performed in criminal law and torts; providing facilities for private arrangements between individuals, which is found in private law, criminal, and tort law; provisions of services and the redistribution of goods found in legal systems; and settling unregulated disputes found in courts and tribunals – are discussed in the chapter It also tackles the secondary and indirect functions of the law The secondary functions of the law include the determination of procedures for changing the law and the regulation of the operation of law-applying organs The chapter concludes with the discussion of H.L.A Hart's classification of law Explain the main difference between the Case law and Statute law: In fact, the law is not easier to remember and understand than the law, even in my opinion is even harder to remember, more difficult to memorize To apply the case law requires the cases to be similar, if not the same, requires the team of judges and lawyers to analyze bored to come up with a suitable solution Case law also cannot be more public and transparent than Statue law, because case law includes rules that exist in court judgments But the disclosure of judgments and decisions can not be easier than publishing the Statue law Even harder When acknowledging precedent law, it is a must to acknowledge the provisions of laws applied by courts in localities throughout the country This leads to the difficulty of publicity and transparency In my opinion, the application of precedents to the Vietnamese legal system is necessary, which will reduce the time to hear cases, reduce costs, limit corruption in developed countries Case law has been in use for a long time, we are currently researching it The application of precedent law takes time and time appropriate Currently, the Vietnamese legal system is not complete, inconsistent, even messy, the quality of legal documents is weak while our country is a developing country, there are many limitations economic, social, intellectual In order to apply case law, it is necessary to improve the system of legal documents, improve the quality of the contingent of judicial officers, and raise the people's intellectual standards There are many things to to be able to apply case law in Vietnam Criminal law vs civil law • Criminal law definition: The law of crimes and their punishments • Civil law definition: The law of civil or private rights • Conduct of issues : The conduct at issue in criminal cases is generally more serious than civil cases and frequently involves intent • Punishment : In a criminal case, if the individual charged with a crime loses the case, they’re likely facing incarceration or some type of probation For civil cases, the resolution to a case doesn’t result in the“losing” party going to jail Often the judgement results in a financial penalty or an order to change behavior • Burden of proof : In criminal law, the standard is that the accused are guilty of committing a crime “Beyond a reasonable doubt.” For civil cases, the burden of proof is lower—usually based on the “Preponderance of evidence” or “Clear and convincing” standards • Mindset : In criminal law, you are the mercy of the court, even in a plea deal, as opposed to a typical civil settlement that is ordinarily outside judicial review In civil cases, there’s much more latitude to find an acceptable solution for the parties involved—and that’s reflected in the number of cases that are actually resolved within court P2 An explanation of the role of government in law-making and how statutory and common law is applied in the justice courts Distinguish the role of Parliament and the role of Government in law-making : Talking about the role of the Government in the legislative activities of the National Assembly is to mention the position and the "effect" of the Government in implementing this activity Accordingly, the role of the Government is created and expressed in a number of following aspects: The Government has the right to formulate policies and submit bills to the National Assembly and the National Assembly has the right to make laws and amend laws However, the legislative activities of the National Assembly are not entirely done by the National Assembly Even the work will not go smoothly and achieve good results without the active participation and effective contributions of many other subjects Outlining the provisions of the 2015 Law on the Enactment of Legal Documents (Legislative Law) on the legislative process, into the basic stages, such as: proposing law initiatives; editor; examine; through; publish the law There are at least three actors playing a role at each stage: Government (key actors in practice) - proposing initiatives and drafting; Congress - verification and approval; President - announced As such, the Government is the one who initiated the legislature through its legislative initiative; being the most powerful and positive person to implement initiatives into law projects; submitting and protecting bills when the National Assembly reviews and approves them For bills submitted by other entities to the National Assembly, the Government plays a practical supporting role, by contributing opinions and creating favorable conditions for the process of drafting and submitting projects, contributing to improving the quality of amount of project owners It is necessary for the Government to participate in the submission of bills by other entities, because: the contents of these projects are national policies, but national policies are the ones who are knowledgeable about it contribute many useful ideas; When the project is approved, it becomes the law, the Government is also the person who directly organizes the implementation of the law and takes responsibility for the effectiveness and efficiency of such implementation Thus, any bill that is submitted to the National Assembly, whether by the Government or by other individuals, agencies or organizations, always has the "imprint" of the Government Vietnam follows the model of a unified state organization, all power concentrated in the People The apparatus of state agencies in the process of operating and operating in harmony with the mechanism of division, coordination and mutual control between the legislative, executive and judicial powers So, while exercising executive power, the Government has mainly taken legislative initiatives and played a quite special role in this activity of the National Assembly Although, according to the provisions of the 2013 Constitution, there are more than 50 subjects in Vietnam who have the right to submit bills, and while there are many people who have never used this right, the Government besides issued many decrees under its authority2, drafted nearly 90% of the total number of law projects submitted to the National Assembly The Government is the executive agency of the Socialist Republic of Vietnam, the highest state administrative agency, and the Government has the task of regularly managing and operating activities in all areas of social life "Capturing" the advantage is the subject that directly captures first and deepest the urgent requirements imposed by life In addition, it is the possession of all the country's abundant scientific and material resources, and the large number of civil servants and experts with high professional qualifications and rich practical experience It should be affirmed that the National Assembly has a decisive role in legislative activities, because without the approval of the National Assembly, the bill cannot become law But, the Law - a product of Congress, is nothing more than a combination of two factors: "expertise" and "politics" In particular, the Government mainly assumes and ensures the "professional" part correctly, which reflects the true nature of the subject of the adjustment, while the National Assembly mainly assumes and ensures the appropriate "political" part ie meeting the People's expectations When these two elements are combined in harmony, it will make the law feasible and convenient to apply, on the contrary, the application of the law will be difficult, even unable to get to life The quality of the National Assembly's verification of a bill depends largely on the ability to attract public attention to the contents of the project that the National Assembly discusses, not necessarily the National Assembly's discussion about project This is also the reason that the National Assembly is also considered a "legislative forum" Through discussion, it always helps the complicated or undiscovered issue of the project during the Government's preparation, become more clear and exposed thanks to the participation of "brains" outside the country festival In particular, the intellectual contribution of individuals, scholars, and mass organizations in the society to create an effective "verification forum", by mobilizing social criticism, under the The main role of the National Assembly in legislative action is that it is consistent with the nature of "politicians" rather than "experts" of the National Deputies festival It can be said that the legislative activities of the National Assembly are successful and of good quality thanks to the contingent of civil servants; in which, they must have good experts of the Government - A group of people who are primarily, first and truly "planning the law project"; The Government as the subject of consideration and decision submits the bill to the National Assembly; ensuring the abundant and potential intellectual resources of society to be mobilized to the utmost and seriously during the process of law-making, especially at the stage when the National Assembly "presides over the criticism" before voting for approval Process to making law of Parliament : BUILDING LAW AND ORDINANCE PROGRAMS -Decision-making programs and ordinances by the National Assembly -Law-building programs, ordinances include law-building Programs, Ordinance on National Assembly and law-building programs, ordinance annually DRAFTING OF LAW PROJECTS, DRAFT RESOLUTIONS -Project Ordinance, draft resolution of the National Assembly's Standing Committee conducted by the Drafting board -Case Drafting Committee may be due to the Standing Committee of the National Assembly; Government-owned ministry or agency; The Supreme People's Court; Supreme People's Observation Institute; The Vietnam National Nest Front and its member organizations INSPECTION OF LAW PROJECTS, DRAFT RESOLUTIONS -Law projects, draft resolutions of the National Assembly prior to the National Assembly's Standing Committee deliberating, commenting must be the ethnic Council, the Friendship Committee of the National Assembly judges NATIONAL STANDING COMMITTEE OF THE OPINION ON THE LAW PROJECT, DRAFT RESOLUTION -Depending on the nature and content of the Law Project, the draft resolution of Congress, the Standing Congress Committee may consider, commenting once or several times -Agencies, organizations, delegates of the National Assembly Project law, draft resolution shall be responsible for research and reception of the comments of the Standing Committee of the National Assembly CONGRESS DISCUSSED, THROUGH LAW, RESOLUTIONS -Parliamentary discussion, through the Law Project, draft resolutions at one or two parliamentary meetings PRESIDENT ANNOUNCES LAW, RESOLUTION -The President issued the order to declare the law, the National Assembly resolution at least 15 days from the date of law, the resolution is adopted Explain UK court structure Local courts These courts are established in certain areas, including: Magistrates’s Courts County Courts Family Court Superior Courts (Senior Courts) Superior courts include: High Court of Justice In the High Court, there are also specialized Tribunals including: (1) Queen’s Bench Division; (2) Court fair (Chacery Division); (3) Family Division Central Criminal Court (Crown Court) Court of Appeal: Including specialized sections: (1) Criminal Division (2) Criminal Division (Civil Division) United Kingdom Supreme Court Prior to 2005, Britain's highest judiciary consisted of two bodies that existed in parallel: the Privy Council and the Appellate Committee of the Senate After the 2005 Constitutional Reform Law, the UK's highest judicial body was only one body: the Supreme Court of Great Britain (a combination of the jurisdiction of the Judiciary Committee of the Privy Council and the Commission appeals of the Senate) Legal suit/ Case Resolve in UK Examples of presenting a legal suits (a Case) about Christopher Kennedy and Maurice Robinson will appear at two different court levels on November 25 The defendants are accused of being involved in a "global scale" cross-border organization into the UK Facts: British police on November 24 prosecuted Christopher Kennedy, the suspect was arrested two days ago on charges of trafficking and organizing illegal cross-border trafficking into the UK In an announcement on the evening of November 24, the Essex police - which is investigating the 39 deaths in containers on 23 October - confirmed the suspect Kennedy, 23, arranged and organized the illegal crossing of the border into the UK "with the aim of exploiting" and taking advantage of loopholes of British immigration law Issue: Confirmation that suspect Kennedy, 23, has arranged and organized to bring illegal people into the UK "for exploitation" and to take advantage of the UK's immigration law loophole Holdings: The first trial ended quickly, in which accused Robinson was charged with a total of 42 offenses, including 39 counts relating to manslaughter and three other crimes of conspiracy to trafficking, assistance in crossing the border illegally and laundering money Prosecutor's lawyer Ogheneruona Mercy Iguyovwe then confirmed that authorities were still searching for other suspects and identified this incident as showing a "global-scale" line that brought immigrants in UK Point out the law which was applied by the court to resolve the case: Because the case is serious enough to affect human rights on human life and violates immigration laws in the UK, this case is considered a criminal law (The period from 1832 to the present) Conclusion : Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour, wherever possible It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people If the harm is criminalized in legislation, criminal law offers means by which the state can prosecute the perpetrator Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action The legal response to a given social or technological problem is therefore in itself a major social action which may aggravate a given problem or alleviate and help to solve it References: Accaglobal.com 2016 The Tort Of Negligence | F4 Corporate And Business Law | ACCA Qualification | Students | ACCA Global [online] Available at: LawTeacher November 2013 Structure Of Law Essays and Reports [online] Available from: https://www.lawteacher.net/law-help/essay/structure_of_essays.php?vref=1 [Accessed 29 May 2020] C Rodrigo & B Cusino, Litigation and Litigation, Rule of Law and the Future of Judicial Reform in Chile, (1988) Southwestern Law and Commerce Journal David Dixon, Clive Coleman and Keith Bothtomley (1990) 17 Journal of Law and Society David Feldmean, Law on Residence, Search, and Seizure (London, Buttervvorths, 1986) D J Feldman and C J Miller, Legal, Judicial and Judicial Reviewer (1997) 11 L.Q.R D J Smith and J Gray, Police and People in London: PSI Report (Aldershot: Gower, 1985) E Phillips, The battle for civil law? Common law is a common goal for the global ambition of law and economics, 24 (2007) Wisconsin International Journal of Law Byrnes, M (2013) Employees’ dismissal for emailing porn found unfair Law Society Journal, 51(9), 48 - 49 Retrieved from https://www.lawsociety.com.au/ ... Assessment Criteria (Assignment 1) : Learning Outcome Pass LO1 Explain the basic nature of the legal system P1 Explain sources of law Merit Distinction different M1 Evaluate the LO1 &LO2 D1 Provide a effectiveness... Introduction 10 The definition of law in general .10 Function of law in general 10 Explain the main difference between the Case law and Statute law 11 Criminal law... Buttervvorths, 19 86) D J Feldman and C J Miller, Legal, Judicial and Judicial Reviewer (19 97) 11 L.Q.R D J Smith and J Gray, Police and People in London: PSI Report (Aldershot: Gower, 19 85) E Phillips,