Business Law ASSIGNMENT 1

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 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit7: Business Law

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Assignment Brief 1 (RQF) Higher National Certificate/Diploma in Business

You Name/ID Number:

Unit Number and Title: Unit 7: Business Law (736)

Academic Year: 2019 Unit Assessor:

• 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: 1 cm; top: 1 cm and bottom: 1 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

• 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 cooperatewith another Partner in the UK The project is going to happen in the UK as well Your job is to makeresearch 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 willcontain the following matters: (1) Explain the different sources of the law in general And, (2) Explainthe role of the government in law making and how statutory and common law are applied in thejustice 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:

1 General introduction of the report: the purposes and the main contents of the report

2 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 caselaw/ 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

4 A conclusion to summarize all the key findings and analysis must be presented

Learning Outcomes and

Assessment Criteria

(Assignment

1):

Learning Outcome Pass Merit Distinction

LO1 Explain the basic

nature of the legal

LO1 &LO2 D1 Provide a

coherent and critical 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 :

1 Introduction 10

2 The definition of law in general 10

3 Function of law in general 10

4 Explain the main difference between the Case law and Statute law 11

5 Criminal law vs civil law 12

6 Distinguish the role of Parliament and the role of Government in law-making 13

7 Process to making law of Parliament 15

8 Explain UK court structure 17

9 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

1 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

2 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 ofthe 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

3 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 do 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

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

1 Distinguish the role of Parliament and the role of Government in law-making : Talking aboutthe 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 personwho 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: