The Legal & Regulatory Framework

The Legal & Regulatory Framework
(Assignment 1- Essay)
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The provision of rules and regulations recognised, enacted and enforced by the state or a
specific community to govern and regulate the behaviour and activities of the stakeholders
thereof along with the prosecution of levying penalties is called law. Today’s English law
comprises three core sources i.e. legislation (statue law), common law (case law made by
jurisdiction) and EU law, all coupled with historical value incepted from social custom and
traditions. The intended outcome here is the applicability of both civil and case law using
statue and common law as well as the court operations related to UK health and social care.
Critically analysing statute and case law in both civil &
criminal proceedings and the UK court system in light of
Health and Social Care context –
Criminal law v civil law: Criminal law refers to dealing with public wrongdoings
mostly prosecuted by the state to impose imprisonment, fine or other else to the respective
offenders (Jones, 2017). For example, murder, theft, robbery, smuggling, quisling, genocide,
rape, abuse etc. Conversely, civil law indicates dealing private disputes between two or more
parties about possession, right, occupation etc. which imposes fine or exclusion or
compensation or reward or other else (MacIntyre, 2020). For instance, fraud, medical
malpractice, breach of contract, negligence, defamation, trust property, family disputes,
private conflicts etc.
Statue law v case law: The law enacted in the parliament is statutory legislation whilst
verdict, judicial decision, precedent order and clarification of statues by the court is a
common law or case law (Adams, 2020). In statue lawmaking, a bill is to be nominated and
approved by the House of Commons. Then, the House of Lords is to pass the bill before the
royal consent of the British Queen. Finally, the bill turns out to be a written law (Kelly et al,
2017). Under these laws and regulations, the Supreme Court operates as the highest appeal
court having two divisions i.e. criminal and civil. The Appeal Court can overturn the verdict
of the High Court constitutes Family, Chancery and Queen’s Bench. No courts shall be
beyond the control of the Supreme Court de jure (Jones, 2017). In the UK legal system, the
Barrister (Senior Lawyer) and the Solicitor (Junior Lawyer) are two practitioners.
Court operations and statutory provision for health and social care: In
accordance with the proposition maintained in the Equality Act 2010 that introduces duties
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