Unit 7 Business Law Report: Sources of Law and Government Role

This report, prepared for a Business Law unit, provides a comprehensive overview of the UK legal system. It begins with an introduction to the definition, function, and role of law and the government. The report explores the different sources of law, specifically differentiating between case law (common law) and statutory law. It further distinguishes between civil and criminal law. The role of the government in law-making is explained, including the function of Parliament and the process of creating statutory law. The structure of the UK court system is presented. The report includes an analysis of how UK judges apply law in resolving legal suits using a chosen case study, summarizing the facts, identifying legal issues, listing court decisions, and clarifying the applied law. The report also includes an analysis of the development and recent reforms of the UK legal system, and concludes with a summary of key findings. The report follows the guidelines of the assignment brief, including the required structure and referencing style.

ASSIGNMENT 1 FRONT SHEET
Qualification BTEC Level 4 HND Diploma in Business
Unit number and title Unit7: Business Law
Submission date 25/01/2021 Date Received 1st submission
Re-submission Date Date Received 2nd submission
Student Name Do Tran Tuyen Student ID GBS200028
Class GBS0811_NX Assessor name Nguyen Chi Thang
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

 Summative Feedback:  Resubmission Feedback:
Grade: Assessor Signature: Date:
Internal Verifier’s Comments:

Assignment Brief 1 (RQF)
Higher National Certificate/Diploma in Business
You Name/ID Number: Nguyen Minh Thu/ GBS190251
Unit Number and Title: Unit 7: Business Law (736)
Academic Year: 2020
Unit Assessor:
Assignment Title: ASSIGNMENT 1
Issue Date:
Submission Date: 25/01/2021
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: 1 cm; top: 1 cm
and bottom: 1 cm.

 The cover page of the report has to be the Assignment front sheet 1 (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:

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:
1. General introduction of the report: the purposes and the main contents
of the report
2. An explanation of different sources of law. 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

Furthermore, you had better choose Vietnamese legal system or another
local law system (for foreign student) to justify the development and
recent reform.
Besides, you should analyze the development and recent reforming of
different sources of law in the UK/ US/Vietnam by giving some specific
examples.
4. 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/US 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

5. 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 system
P1 Explain
different sources
of law.
M1. Evaluate the
effectiveness of
the legal system in
terms of recent
reforms and
developments
LO1 &LO2 D1.
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.
P2 Explain the role
of government in
law making and
how statutory and
common law is
applied in the
justice courts.
Table of Contents

6. ......................................................................................................... Distinguish Case Law and Statutory Law:
13
7. Process to making law of Parliament: ................................................................................................................... 15
8. Examples of presenting a legal suit (a Case) .......................................................................................................... 16
9. Analyze the development and recent reforming of UK legal system: ................................................................... 18
10. Analyze Vietnamese legal system or another local law system (for foreign student) to justify the development
and recent reform. ....................................................................................................................................................... 18
III. Conclusion: ........................................................................................................................................................... 18
IV. References: ........................................................................................................................................................... 18
I. Introduction:
Law may be a code of conduct created over a certain area by government or community. In order to deal with
crime, industry, social affairs, land, banking, etc., law meets those traditions and customs. The Governing Expert
regulates and upholds the rule. With the perspective of the law on which we form a structure, a fair life may be
more easily interpreted. And the accompanying article will provide readers with a clearer view of the law at
present in life and culture.
II. Main content:
1. Definition of Law
Law is a collection of laws for the purpose of preserving the peace and protection of society determined
by a given position or authority. This system of rules can be followed by courts or police to prosecute
offenders who breach laws, such as by paying a fine or other punishment, like imprisonment. Legislation
was drawn up by leaders of ancient societies to lay down guidelines for how people should live, work and

comprehensive matters as appropriate. In addition, citizens of society have ample liberty in all the
lawful activities they may choose to do. If it violates a statute or does not uphold the rules, an action is
illegal.
2. Function and role of Law:
Law executes many essential roles, but the most important of these four are:
First of all, Laws uphold human rights and freedoms. The U.S. was introduced to the Bill of Rights.
Constitution to ensure some major rights. The rules shield citizens from other people, from corporations,
and even from the government. The First Amendment to the Bill of Rights forbids the government from
making any laws that may conflict with the right to freedom of expression of a citizen. Based on what is
called free expression, there are several variations.
Secondly, to help settle conflicts between citizens, laws have a structure and guidelines. Laws provide a
mechanism where people, such as a judge or jury, may bring their cases to an unbiased fact-finder. Legal
solutions often exist where parties come together to find a solution, such as using alternate conflict
resolution options (ADR). At any step, from municipal to federal, there are courts to determine who can
prevail in a dispute.
In addition, there will be no way to set requirements without rules. It is clear enough to see that murder
and robbery are offences, but statutes also offer a basis for several other forms of requirements to be set.
Without the Federal Code of Legislation, purchases using banks will be impossible for individuals or
companies. Enforceable rules and protections covering taxation, commercial purchases, job policies,
pensions, and other essential areas are provided by federal regulations.
Finally, Laws support communities in keeping order. Under the rule of law, what will society be like? Since
there will be no police force or army, you would need to have your own security. You will need to find
other options to get what you couldn't afford for yourself without federal banking safeguards. Order and
predictability come from the form and organisation of rules. People may feel comfortable, contributing to
broader social systems and higher productivity.

prone to lock in a search for people's subversives and adversaries. "Undermined, subversives and
"adversaries of the people" are apt to lock in a glance. As an administration derives its primary backing
from a chosen lesson or meeting that declines in numbers and efficiency, when a government becomes
inefficient in taking care of household industries or countering external threats, or when the consensus of
a population on government values and priorities dissipates, a government begins to lose experts. Printing
and coining of currency, the provision of highways, sewerage, sanitation, schooling, and social and welfare
services are among the most basic services rendered by the government. Governments started to provide
programs such as social care and health benefits with the creation of the welfare state. The government
controls minimum wages in the United States, limits the rates paid by public utilities, buys agricultural
supplies to hold costs high, bans the selling of unhealthy foods and drugs, establishes requirements for
vehicle fuel use, mandates factories to install anti-pollution systems, and tracks plant safety.
4. Function and role of Parliament:
Parliament makes legislation and keeps the government responsible for its activities, arrangements and
expenditures. Parliament's duties are to form a government (executive) from among its members, to
establish new legislation and to amend old laws, to serve voters, to review and approve government
taxation and expenditures, and to keep the government responsible for its policies and acts. The first is
the formation of a government (executive) among its members. Authority is shared across many branches
(executive, legislative, judicial) of constitutional processes based on the principle of division of powers, an
effort to avoid the consolidation of authority in the hands of a particular group of individuals. The
executive, such as a decree or executive order, may be the basis of some forms of legislation. Secondly,
several proposals for proposed legislation are initiated by the Legislature, with those contained in the
Queen's Speech at the start of each session of Parliament and amendments to current legislation. New
laws may, however, derive from an MP or a Lord. Emergency problems, such as the danger of terrorism,
pressure on the government to amend old legislation and court case law, the interpretation, clarity and

Comparison Chart of the difference between Civil Law and Criminal Law
Civil Law Criminal Law
Definition Civil law deals with differences
between persons, entities, or
between the two in which the
claimant is paid.
The body of law that deals with
criminality and the legal
punishment of criminal offences
is criminal law.
Burden of proof 'Preponderance of evidence' The
burden of proof rests on the
plaintiff. Beyond the balance of
probability, one has to produce
evidence.
"Beyond a reasonable doubt":
the burden of proof is still on the
government/state.
Examples Landlord/tenant disputes,
divorce proceedings, child
custody proceedings, property
disputes, personal injury, etc.
Theft, assault, robbery,
trafficking in controlled
substances, murder, etc.
Type of punishment Civil litigation generally includes
a form of injury or harm
recovery, as well as the dismissal
of property and other disputes.
A convicted offender is
sentenced by probation and/or
fines, or the death penalty in rare
circumstances. Crimes are
categorized into two broad
categories: felonies and
misdemeanors.
Case filed by Private party Government/State

order the defendant to correct an error, sometimes in the form of punitive compensation to the
plaintiff, in civil litigation. By comparison, under criminal law, the charge is made against a suspect by the court,
usually referred to as the state and prosecuted by a lawyer. A individual can never bring criminal charges against
another person: a person can investigate a crime, but in court only the government can file criminal charges.
Crimes are government-punishable acts that are classified into two large types of severity: felonies with a
potential penalty of more than one year in prison and misdemeanors with a possible sentence of one year or less
in prison.
Punishment: Punishment is one of the notable distinctions between civil law and criminal law. In the case of
criminal law, a person found guilty is sentenced by time in jail, a fine, or the death penalty on some occasion.
Whereas the losing party needs to refund the complainant in the case of civil law, the amount of loss decided
by the court is considered punitive damage. Criminal law is more serious than civil litigation and there are more
rights and protections for criminal defendants than for a civil defendant.
Burdens of proof: In the case of criminal law, in order to show that the defendant is guilty, the burden of proof
rests with the government. In the other hand, the burden of proof rests first with the plaintiff in the case of civil
law and then with the defendant in refuting the facts presented by the plaintiffs. If the judge or jury agrees that
there is more than 50 percent of the facts favoring the plaintiffs in the case of civil action, so the plaintiffs win,
which is very poor compared to 99 percent of the criminal law evidence. In the case of criminal justice, whether
there is approximately more than 99 percent evidence against him, the defendant is not convicted.
How the system works:
Terms of criminal deals with taking care of general rights, one might claim. This means sentencing criminals and
rehabilitating them, and protecting society. To bring the penal code into practice, the police and the lawyer are
hired by the state. To pay for these programs, tax funds are used. If suppose you are the victim of the crime, you
report it to the police and then it is their duty to investigate the matter and find the suspect. In most cases, if a
charge has been properly presented and if there is evidence supporting it, the Government, not the person who
complains of the incident, prosecutes it in the courts. This is called a system of public prosecutions. On the other
hand, civil law is about private disputes between individuals or between an individual and an organization or
between organizations. Civil law deals with the harm, loss, or injury to one party or the other. A defendant in a
civil case is found liable or not liable for damages, while in a criminal case defendant may be found guilty or not.

laws, common law influences the
decision-making process.
Nature Instructive Prescriptive
Basic Common law is focused, by far
and large, on prior rulings over
hundreds of years.
As their foundation, statutory
laws include legislation.
Decision and New Laws Common law is additionally
known as case law and is of two
sorts – one where judgments
passed ended up modern laws
where there are no statutes and
the other where judges translate
the existing law and decides
unused boundaries and
refinements. Separated from
common law and statutory law,
there are moreover the
administrative laws surrounded
by different government offices
that have the authorization to do
so once statutes are made by the
assembly. In comparison,
separated from common law and
statutory law, there are
regulatory rules surrounded by
numerous government
departments that have the
power to do so until the
assembly creates statutes.
Statutory legislation may be
enacted by a nation's numerous
government offices. There are
legislation enacted by
government and local
legislatures, statutes passed by
counties and towns that all have
control over the rules in this
manner. Modern regulations are
issued to fulfill citizens' needs, to
address extraordinary
challenges, and to formalize an
established statute.
Legal Process Assurance of common law for a
particular case can be a
maneuver that begins with
inquiry into prosecution, field of
important past events, retrieval
of explanations and sentences
passed in order to eventually
determine the required
In a daily basis, common law is
generated without creating any
fractionalization of society or
causing any costs to the state.
Statutory laws are established by
a state or country's legislature
and are organized and codified
into codes of law. They only

7. Process to making law of Parliament:
A bill is a draft of a new law or a change to an existing law, presented to Parliament. Bills can start in either of the
two Houses, the House of Lords or the House of Commons. Both Houses have set stages to debate, examine and
suggest changes to the draft. Both Houses must agree the final text of the bill before it can be signed off by the
monarch (Royal Assent) and become an Act of Parliament (law).
a) See all bills currently before Parliament
b) More information on the passage of a bill through the Lords
c) See the most recent House of Lords votes
d) Find Lords members' voting records
A bill must go through the following Lords stages: First reading: The bill arrives in the Lords. This stage is a
formality where the bill name is read in the chamber. Second reading: The main debate on the purpose and key
areas of the bill. At this stage members discuss any concerns or specific areas where they think changes may be
needed. There are usually no votes (divisions) at this stage. Committee stage: Detailed line-by-line scrutiny of
the text with amendments (suggested changes). Members start at the front of the bill and work through to the
end. Votes may take place to decide whether to make the changes. Any member may take part and there is no
time limit. Report stage: A further opportunity to examine the bill and make changes. More amendments are
debated and further votes take place to decide whether to make the changes. Third reading: A ‘tidying up'
stage, aiming to close any loopholes. A final chance for amendments and votes. Consideration of
amendments: If the Lords has made changes to the draft law, it is sent to the Commons to agree. The Commons
may accept the Lords change, make its own change in its place, or reject it. Any Commons changes are sent back
to the Lords. There may be several rounds of this process, known as ‘ping pong'. Royal Assent: When both
Houses have agreed the text, the bill is approved by the monarch and becomes a law or ‘Act of Parliament'
Lords amendments to bills (suggested changes)
Lists of amendments are suggested, or tabled, by members before committee, report and third reading stages.
At each day and stage of every bill with suggested changes, a list is published grouping the changes together.
Each change is shown in the order it affects the text of the bill. Amendments are often grouped together before
each debate, so they can be looked about together. See all bills currently before Parliament and suggested
changes.
UK court structure

Defendant, a prison inmate, intervened to aid another prison inmate from assault by two correctional
officers. Defendant claimed self-defense.
Synopsis of Rule of Law.
A person’s right to intervene to aid an apparent victim of an assault is not strictly coterminous with the victim’s
right of self-defense.
Facts.
In Maryland, two inmates, Ralph Alexander (Defendant) and Bruce Shreeves, were charged with assault on a
correctional officer, Dale Tscheulin. According to the State’s witnesses who testified at trial, Shreeves first
attacked Tscheulin and Defendant later joined to assist in the assault. However, according to Defendant’s
witnesses, another correctional officer, Samuel Stokes, Jr., grabbed Shreeves from behind without any
provocation, and then Tscheulin came and started hitting Shreeves. As a result, Defendant told Tscheulin that he
did not have to hit Shreeves, and Tscheulin subsequently turned around to hit Defendant. Defendant claims that
he simply grabbed the bars and pinned Tscheulin between himself and the bars, but did not hit Tscheulin.
Tscheulin and Stokes claim that as they were subduing Shreeves, Defendant came to the scene, jumped on
Tscheulin, and struck Tscheulin in the chest and head. At trial, the judge instructed the jury on Shreeves’ right of
self-defense and Defendant’s right of self-defense. The judge added: “[I]f Shreeves had the right to defend
himself, then [Defendant] had the right to go help him defend himself; if Shreeves did not have the right to defend
himself, then [Defendant] didn’t have the right to go help Shreeves defend himself. He stands in the same shoes
as Shreeves when he elects to come to his assistance.” After, the judge told the jury that if they find that Shreeves
is not guilty because he had a right of self-defense, then they must also find that Defendant is not guilty because
Defendant would have that same right of self-defense regarding Shreeves; and if the jury finds Shreeves did not
have the right of self-defense, then Defendant cannot claim the right of self-defense on the basis that he was
trying to protect Shreeves. Defendant was convicted in the Criminal Court of Baltimore; he subsequently appealed
to the Court of Special Appeals of Maryland.
Issue.
In Maryland, when a person intervenes to aid an apparent victim from assault, is the person’s right to defend the
victim the same as the victim’s right to defend himself?
Held.
No. In Maryland, when a person intervenes to aid an apparent victim from assault, that person’s right to defend

of self-defense. Under the judge’s instruction, Shreeves’ admissions sealed Defendant’s fate regardless
of Defendant’s perception of the circumstances. The reasonable of Defendant’s perception is a question of fact
that to be decided by the fact finder.
9. Analyze the development and recent reforming of UK legal system:
10. Analyze Vietnamese legal system or another local law system (for foreign student) to justify the
development and recent reform.
III. Conclusion:
In this analysis, the English legal system was extensively examined and its implications on corporations
were also analyzed. The law-making mechanism was discussed in the first part, and the nature of the
justice system was discussed. Ongoing forward, along with some case studies, various laws that are
important to business organization have been elucidated. Later on, several explanations were used to
illustrate the role of the legal system in addressing market issues. A distinction of legal remedies and
alternatives to legal advice is rendered to conclude this article, and the value of these two choices has
been explained in various situations.
IV. References:
1) Barkan, S.M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.
2) Cotterrell, R., 2017. Law, culture and society: Legal ideas in the mirror of social theory. Routledge.
3) Hutchinson, T. and Duncan, N., 2012. Defining and describing what we do: Doctrinal legal research.
Deakin L. Rev., 17, p.83.
4) Siems, M. and Deakin, S., 2014. Comparative law and finance: Past, present, and future
research. Journal of Institutional and Theoretical Economics (JITE)/Zeitschrift für die gesamte
Staatswissenschaft, pp.120-140.
5) Cronus Law, PLLC. 2021. What Is The Purpose Of Law & Its Functions Within Society?. [online] Available
at: <https://cronuslaw.com/the-purpose-of-law-and-its-functions-in-society/> [Accessed 25 January
2021].
6) Justcite.com. 2021. Justcite Proficiency Test | Justcite Knowledge Base. [online] Available at:
<http://www.justcite.com/kb/certification/> [Accessed 25 January 2021].
7) 2021. Making Laws: House of Lords Stages. [online] Available at:
<https://www.parliament.uk/business/lords/work-of-the-house-of-lords/making-laws/> [Accessed
25 January 2021].