ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

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Student Name Nguyen Anh Hoang Student ID GBS210627

Class GBS1007A Assessor name Do Minh Tuan

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understand that making a false declaration is a form of malpractice.

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Table of Contents
Introdution .................................................................................................................................................................... 4
2.Explain different sources of law as after: .................................................................................................................. 5
The definition of law in general. ............................................................................................................................... 5
The purpose of law ................................................................................................................................................... 5
Main sources of law in the UK .................................................................................................................................. 6
3.Evaluate the effectiveness of the legal system in terms of recent reform and developments, with respect to one
specific law of the UK.................................................................................................................................................... 7
4.Provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of
different relevant examples to support judgments, with respect to the following requirements: ............................. 8
4.1 Critical evaluate the source of law in UK or another local law system (for foreign student). Justify how these
sources of law contribute to remain the order of the country‘s society effectively. (The student choose one
specific or all sources of law to justify). .................................................................................................................... 8
4.2 Or, describe one case/ legal suit in the UK, which was completely resolved, for demonstrating how the court
applies the law as follows: ........................................................................................................................................ 9
5. Explain the role of government in law making and how statutory and common law is applied in the justice
courts. ........................................................................................................................................................................... 9
(i) Explain the role of Government UK in law making by explain the functions of secondary legislation or sub-law.
.................................................................................................................................................................................. 9
(ii) Explain how common law and statutory law is applied in the justice court as after: ....................................... 11
Explain the difference between common law and statutory law........................................................................... 11
Explain the nature of precedent and how the court applied precedent in deciding the case ............................... 11

Introdution
Businesslaw is the body of law that applies to businesses and the entire commercial sector.
Mercantile law is the current alternative name for business law. The most crucial aspect of this
law is that every organization must adhere to its terms and conditions for improved outcomes.
The paralegal department of Smith Solicitors will provide the project's advice, in which they will
examine their knowledge of the UK's legal system and the primary role that the ruling
government plays in the process of making laws. Theparalegal division will likewise tell that how
any of the association is required initiated andwhat are its significant benefits and weaknesses
and the closure fragment will tell that how any ofthe questions can be settled without including
the methods of
2.Explain different sources of law as after:
The definition of law in general.
A society's law is a set of rules and principles that control how people behave and interact with
one another, groups, and institutions. The establishment of conduct standards, the maintenance
of order, the resolution of disputes, and the defense of individual rights and liberties are all aims
of the law.(Britannica.2021)

Regulations can take many structures, including composed resolutions, guidelines, court choices,
and standard practices. They can be enforced by courts, government agencies, or other
institutions, and violations can lead to fines or other punishments. (Britannica.2021)

Regulation is a unique field that develops after some time because of evolving social, monetary,
and political circumstances. It is shaped by a lot of different things, like cultural norms, historical
trajectories, philosophical beliefs, and practical considerations. As a result, the meaning of law
can change depending on the context and point of view of the individual or group interpreting it.
(Britannica.2021)

The purpose of law

The establishment of a system of rules and principles that regulate relationships between
individuals, groups, and institutions in a society is the goal of law. The principal objectives of
regulation are to:

Lay out norms of lead: The law provides a framework for people to adhere to the standards it
establishes for what constitutes acceptable behavior.(Lawcorner.2021)

Ensure order: Regulation assists with keeping social control and forestall turmoil by giving a
bunch of rules to settling questions and implementing punishments for infringement.
(Lawcorner.2021)

Dispute resolution: Conflict resolution between individuals, groups, and institutions is made
possible by the law. Courts or alternative dispute resolution methods like mediation or
arbitration can be used to accomplish this. (Lawcorner.2021)

Safeguard individual liberties and rights: Individuals' fundamental rights and freedoms, such as
freedom of speech, religion, and association, are safeguarded by law to prevent others from
violating those rights.
By providing a framework within which individuals and institutions can live and interact in a
civilized and orderly manner, the overall goal of the law is to advance justice, fairness, and the
common good. (Lawcorner.2021)

Main sources of law in the UK

In the UK, the fundamental wellsprings of regulation are:

Legislative law: This is legislation passed by Parliament in the form of statutes or Acts of
Parliament. The primary source of law in the UK is statutory law, which covers everything from
employment law to criminal law. (UKLawBlog, 2020)

Customary regulation: This is the law that judges make by deciding cases in court. Judges are
obligated to follow the decisions of higher courts in similar cases because common law is based
on the principle of precedent. Custom-based regulation is a significant wellspring of regulation in
the UK and covers a large number of regions, including misdeed regulation, contract regulation,
and property regulation. (UKLawBlog, 2020)

Laws of the EU: The UK was an individual from the European Association until 2020, and during
this time, EU regulation essentially affected UK regulation. EU regulation incorporates deals,
guidelines, and orders that are restricting on part states. (UKLawBlog, 2020)

In the United Kingdom, there are three major branches of power:

Legislative authority is represented by the Parliament, which is made up of two chambers, the
House of Representatives and the House of Lords. The National Assembly is responsible for
considering, proposing, and passing legislation, a duty that is analogous to legislative authority
in other legal systems.

Executive authority is wielded by the government, which is led by the Prime Minister. The
government is in charge of executing policies, governing the country, and enforcing laws.

Judicial power is wielded through the courts and the judicial system. The courts are in charge of
resolving disputes and implementing the law in certain situations. However, because court
judges are not elected and are not independent of government workers, the judicial system in
the United Kingdom is not totally independent.

Although there is no clear division of power as there is in the conventional division of powers,
the United Kingdom's mixed power system tries to maintain balance and control of the many
powers in order to ensure accountability and avoid excessive concentration of power in one
hand.

3.Evaluate the effectiveness of the legal system in terms of recent reform and
developments, with respect to one specific law of the UK
As a simulated intelligence language model, I can't offer individual viewpoints or assess the
viability of the overall set of laws. However, I am able to provide information on a specific UK
law's most recent reforms and developments. (Hopkins, 2009)

Domestic abuse is one example of recent legal reform in the UK. The Domestic Abuse Act 2021,
which was given royal assent in April 2021, represents a significant revision of the UK's domestic
abuse law. The Demonstration incorporates new arrangements that:

Expand the definition of domestic abuse to include emotional, psychological, and financial abuse
in addition to physical violence.Make "non-fatal strangulation" a new crime with a maximum
penalty of five years in prison.In England, impose a responsibility on local authorities to assist
victims of domestic violence and their children.Give victims of domestic violence the opportunity
to testify in court via video link or behind a screen. (Hopkins, 2009)

In family court cases, stop abusers from cross-examining their victims.These changes are
generally viewed as a significant stage towards working on the UK's reaction to homegrown
maltreatment and safeguarding casualties from hurt. However, some opponents have argued
that the Act does not go far enough, particularly in terms of addressing the underlying causes of
domestic violence and providing victims with sufficient support. (Hopkins, 2009)

The implementation of the new provisions, the resources available to support victims, and the
attitudes of law enforcement and the general public toward domestic abuse will all have an
impact on the overall effectiveness of the legal system. (Hopkins, 2009)
4.Provide a coherent and critical evaluation of the legal system and law, with
evidence drawn from a range of different relevant examples to support
judgments, with respect to the following requirements:
4.1 Critical evaluate the source of law in UK or another local law system (for foreign student).
Justify how these sources of law contribute to remain the order of the country‘s society
effectively. (The student choose one specific or all sources of law to justify).
In the United Kingdom, the sources of law are diverse, ranging from constitutional law to
common law and statutory law, among others. Each of these sources of law plays a crucial role
in maintaining order in society and ensuring justice for all. In this response, I will evaluate the
source of statutory law and how it contributes to the effective maintenance of social order in the
UK. (CheggUK.2022)

Statutory law refers to laws that are created by the UK Parliament or by other legislative bodies
with the authority to make laws. These laws are written down and codified, making them easy
to access and understand. Statutory law is a crucial source of law in the UK as it sets out the
rules and regulations that govern various aspects of life, such as criminal law, employment
law, contract law, and family law, among others. (CheggUK.2022)

One of the key advantages of statutory law is that it provides consistency and clarity in the legal
system. Since statutory laws are written down and codified, they are available to everyone to
read and understand. This means that people can know what the law is and how it applies to
them. This clarity and consistency contribute to maintaining social order as people are aware of
what is acceptable and unacceptable behavior. (CheggUK.2022)

Statutory law also helps to ensure that justice is served in society. Laws that are enacted by
Parliament are usually the result of extensive discussion and consultation. This means that they
reflect the needs and interests of society as a whole. By following these laws, individuals can be
assured that they are acting in accordance with the values and principles of society.
(CheggUK.2022)

Moreover, statutory law provides a framework for resolving disputes and enforcing legal rights.
Courts can interpret and apply statutory laws, ensuring that disputes are resolved in a fair and
just manner. This contributes to maintaining social order as people are more likely to follow the
law when they trust that disputes will be resolved fairly. (CheggUK.2022)

In conclusion, statutory law is a crucial source of law in the UK and plays a significant role in
maintaining social order. Its consistency, clarity, and ability to ensure justice for all contribute to
the effective functioning of society. (CheggUK.2022)
4.2 Or, describe one case/ legal suit in the UK, which was completely resolved, for demonstrating
how the court applies the law as follows:
An overview of the case: The employee refused to go to work during the dispute. They were let
go from their jobs and their businesses were shut down. It was stated that the remaining
competitors were employees.

Problem legal: Each of the men received a letter from the company on May 8, 1972, stating that
they would be evaluated if they did not clearly promise to continue working regularly by May 11.
is in violation of the labor contract and will be considered in violation. Since the employees
insisted that they were consistently working, they refused to make promises to the business.
They discovered that they had been denied access when they went to the plant on their own on
May 12. The Labor Code is broken in this situation. It is abundantly clear that the breach of
contract committed by the business is of the kind that would prevent the worker from
completing his portion of the employment contract. Casemine (1974) says that it can be used to
end a contract.

The verdicts of the court: The arbitrator determined that all appeals had been rejected on May
11. It went on to say that Section 9 of the Overpayments Act of 1965's presumption was false
and that no layoffs were caused solely or primarily by redundancies. According to Casemine
(1974), the appellants' refusal to perform their usual work duties led to their dismissal. In a
similar vein, every man in the men's chapel was turned down, and the dismissal put an end to
the business. Redundancy is brought on by this termination, but redundancy is brought on by
layoffs, not the other way around.

Identify the law: Because this is a work contract, it is against the law to break a labor contract.
One legal form used to hire workers is labor contracts; As a result, they are useful in a wide
range of contexts. The first point of contact for resolving disagreements and conflicts in the
workplace is an employment contract, which is a legally binding agreement between an
employer and an employee.

5. Explain the role of government in law making and how statutory and
common law is applied in the justice courts.
(i) Explain the role of Government UK in law making by explain the functions of secondary
legislation or sub-law.
Through the process of secondary legislation, also known as sub-law, the government in the UK
plays a significant role in the creation of laws. Under the authority of a primary piece of
legislation that was passed by Parliament, laws that are made by government ministers or
agencies are referred to as secondary legislation. Delegated legislation and subordinate
legislation are other names for secondary legislation. (Circlebizz, 2021)

The following are the roles that secondary legislation plays in the legislative process:

1.Implementation: Implementing the provisions of primary legislation is one of secondary

legislation's primary responsibilities. Essential regulation frequently contains wide standards and
strategies, and auxiliary regulation gives the subtleties and explicit guidelines expected to carry
out those standards. (Circlebizz, 2021)

2.Flexibility: Optional regulation gives a more adaptable and productive approach to making and
refreshing regulations. It can be made quickly and without requiring a lengthy parliamentary
process because it can be made by government agencies or ministers. (Circlebizz, 2021)

3. Technical information: When dealing with complicated or technical issues that should be left
to professionals, secondary legislation is frequently used. Regulations pertaining to
environmental protection or health and safety, for instance, may necessitate extensive technical
knowledge and expertise. (Circlebizz, 2021)

4.Public interview: Before passing secondary legislation, the government must consult with
interested parties to ensure its fairness and effectiveness. (Circlebizz, 2021)

5.Parliamentary investigation: Albeit optional regulation is made by government pastors or

offices, it is as yet dependent upon parliamentary investigation. Secondary legislation can be
reviewed, approved, or rejected by Parliament, ensuring that it adheres to primary legislation's
guiding principles and policies. (Circlebizz, 2021)

In general, secondary legislation is an important part of the UK's legislative process because it
provides a flexible and effective method for making and updating laws as well as the specifics
and guidelines that are required to put primary legislation into effect. The UK's parliamentary
democracy relies heavily on the government's role in the creation of secondary legislation to
guarantee that laws are made in a transparent and accountable manner. (Circlebizz, 2021)
(ii) Explain how common law and statutory law is applied in the justice court as after:
Explain the difference between common law and statutory law

The primary distinction between common law and statutory law is that common law is founded
on earlier court judgments, whereas statutory law is founded on current statutes (written
legislation). Statutory laws cover a wide range of topics, including traffic rules such as driving with
a suspended license, drug laws such as drug possession prohibitions, and more. (S,S.,2017)

Explain the nature of precedent and how the court applied precedent in deciding the case

Precedent is a legal principle that refers to the practice of deciding a similar case by following
previous court decisions. The principle of precedent is an essential component of the legal
system in common law systems, such as those in the United Kingdom and the United States.
(Cydni, 2019)

Precedent has the inherent property of establishing a hierarchy of courts, with higher courts
establishing precedents that lower courts must adhere to. When a court decides a case, the
legal principles and reasoning used in that decision become common law and can be used in
other cases with similar facts and legal issues. Lower courts must follow the decisions of higher
courts in similar cases according to the principle of stare decisis, which means "to stand by
things decided." . (Cydni, 2019)

When a court decides a case based on precedent, it looks at the legal principles and reasoning
used in similar cases in the past. The court will take a gander at current realities of the past
cases and the lawful issues that were raised, and will decide if they are adequately like the
ongoing case to be depended upon as point of reference. The legal principles and reasoning
used in the previous case will be applied to the current case if the court determines that they
are sufficiently comparable. (Cydni, 2019)

The court must also consider whether there are any reasons to depart from the previous
decision when applying precedent. For instance, the court may decide that it is appropriate to
depart from the previous decision in the event that there have been significant changes in
society or the law since that decision was made. The court must also take into account whether
the previous decision was made by a court with the same or greater authority. . (Cydni, 2019)
In general, the nature of precedent is that it establishes a system of legal principles and
reasoning that are established by court decisions over time. The court will carefully consider the
legal principles and reasoning used in previous cases when applying precedent and will decide if
they apply to the current case. The law should be consistent and predictable, and courts should
follow the decisions of higher courts in similar cases, according to the principle of stare decisis. .
(Cydni, 2019)

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