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Business Law: UK Legal Systems and Sources of Law

   

Added on  2023-06-09

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Law
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BSC (Hons) BUSINESS MANAGEMENT WITH
FOUNDATION
SEMESTER 1, EXAMINATION 2021/22
BUSINESS LAW
MODULE NO: BMP4002
Exam Paper Release Date & Time: Saturday 11 June 2022 at 10:00am
Submission Cut-off Date & Time: Monday 13 June 2022 at 10:00am
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ANSWER BOOKLET
All the pages of the answer booklet should be submitted including blank
ones.
Please type your answers in the spaces provided.
Insert additional pages where required.
Student Name
ID Number
Answer to Q. 1 (i)
The United Kingdom has four general sets of laws, every one of which gets from a
specific geological region for an assortment of verifiable reasons: English and Welsh
regulation, Scots regulation, Northern Ireland law, and, beginning around 2007, simply
Welsh regulation (because of the section of the Public authority of Ridges Act 2006 by
Parliament). General these frameworks is the law of the Unified Realm, otherwise
called Joined Realm regulation (frequently contracted UK regulation). UK regulation
emerges from regulations applying to the Unified Realm or potentially its residents in
general, most clearly sacred regulation, yet in addition different regions - for example,
charge regulation.
In satisfaction of its previous EU arrangement commitments, European Association
orders were effectively translated into the UK overall sets of laws under the UK
parliament's regulation making power. Upon Brexit, EU regulation was relocated into
homegrown regulation as "held EU regulation", however the UK remained briefly in
arrangement with EU guidelines during the change time frame from 31 January to 31
December 2020.
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Answer to Q. 1 (ii)
There are two sorts of regulation that are totally unmistakable from each other:
criminal regulation and common regulation. Comprehensively painted, the contrast
between the two is that criminal regulation tends to offenses against society - the
more shocking wrongdoings, for example, murder and assault, drug arrangements and
attacks.
Those in this way denounced are arraigned by the state in Justice's court or
Crown court, and, whenever sentenced for misdeed(s), that conviction would
be placed on that individual's lawbreaker record. The vast majority never
secure a lawbreaker record!
Paradoxically, thoughtful regulation is a lot more extensive theme that
incorporates everything from migration to misdeed (Cohn, 2011.). That is a
French word meaning bad behavior. Common cases might be brought by
people or by organizations and may look for basic change or significant and
broadened remuneration.
Answer to Q. 1 (iii)
There is a significant cross-over between these three general sets of laws and the
three legitimate wards of the Unified Realm: England and Wales, Scotland, and
Northern Ireland. Not at all like the other three, Welsh regulation is definitely not a
different overall set of laws essentially, only the essential and optional regulation
created by the Senedd, deciphered as per the teachings of English regulation and not
influencing upon English precedent-based regulation (with the exception of where
such Welsh regulation removes a custom-based regulation rule by righteousness of
being a prevalent type of regulation).
The UK doesn't have a solitary general set of laws since it was made by the political
association of beforehand free nations. Article 19 of the Arrangement of Association,
put into impact by the Demonstrations of Association in 1707, made the Realm of
Extraordinary England however dependable the proceeded with presence of Scotland's
and Britain's different lawful systems. The Demonstrations of Association of 1800,
which joined Incredible England and Ireland into the Unified Realm of Incredible
England and Ireland, contained no comparable arrangements except for safeguarded
the standard of various courts to be held in Ireland, of which the part called Northern
Ireland keeps on following as a feature of the Unified Realm (Fana, Torrejón Pérez
and Fernández-Macías, 2020.).
Each overall set of laws defaults to its purview, every one of whose courts further that
regulation through statute. Decision of which locale's regulation to utilize is
conceivable in confidential regulation: For instance, an organization in Edinburgh,
Scotland and an organization in Belfast, Northern Ireland are allowed to contract in
English regulation. This isn't so in that frame of mind (for instance, criminal
regulation), where there are set standards of methodology in every ward.
Answer to Q. 2
English regulation is made in four significant ways, to be specific regulation, case
(custom-based) regulation, common freedoms regulation and EU regulation. A fifth
leftover way is through custom, however this isn't examined since case regulation and
regulation have generally integrated custom.
It is perceived that Parliament is the incomparable regulation making authority, with
exemptions for EU regulation as examined later. Regulation made by Parliament
begins as a Bill. Public Bills are brought by government MPs and influence the general
population overall. Confidential Bills influencing people or a region are brought by non-
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government MPs. Bills go through a few phases - first and second readings, board and
report stages, and third perusing prior to going to the Place of Masters where any
corrections are made (Tetley, 1999.). The Bill becomes regulation in the wake of
getting Imperial Consent.
Lapsed regulation comes from bodies or people approved by Parliament to sanction
regulations. The reverted regulation should come from and be reliable with a 'parent'
or empowering Act. A model is the Scotland Act 1998 passed by Westminster
Parliament to make a Scottish Parliament with
Business Law: UK Legal Systems and Sources of Law_3

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