Analysis of the Legal and Justice System for Drop Bear Beer Company

This report provides an analysis of the legal and justice systems, with a specific focus on the Drop Bear Beer Co. It begins with an introduction to the company and then delves into the legal system, including its types, the UK legal system, and the sources of law. The report then examines the justice system, including the court system and the organization of the judiciary. The role of the government in the law-making process is also discussed. Furthermore, the report explains how statutory and common law are applied in the justice courts, using examples such as the Equality Act 2010 and the MacLoughlin v O'Brian case. The report then assesses the potential impact of company law, employment law, and contract law on Drop Bear Beer Co., providing specific examples and potential punishments for non-compliance. The report concludes by referencing the sources used for the analysis. This report is designed to provide students with a comprehensive understanding of the legal and justice system and its practical implications for businesses, and is available on Desklib, a platform offering AI-powered study tools.

Introduction
Drop Bear Beer Co
This company is all about ‘dropping the alcohol, not the flavour’, and proudly states that they are
the only LGBT alcohol free brewers in the country. They’ve already won Young Entrepreneurs
of the Year at the Wales Start Up Awards in 2019, despite the idea behind Drop Bear Beer
occurring less than 12 months ago (DROP BEAR BEER, 2021)
1. The legal and justice system
1.1 The legal system
The World Legal System
According to Hazard, the definition of the legal system is that “The legal system contains rules,
methods, and organizations through which public initiatives and private enterprises can be
carried out through lawful means,” (Hazard, G.,1990). It has four primary types of legal systems
in the globe containing civil law, common law, theocratic law, and customary law.
The United Kingdom Legal System
The Monarch is the Head of State of the United Kingdom. Moreover, the common law system
was used in England and Wales. The law is passed by the Parliament which includes the
Monarch, the House of Commons, and the House of Lords. The Prime Minister is elected by the
people, while the members of the House of Commons are chosen by the Monarch, and the
members of the House of Lords are chosen by the Queen (Finch and Fafinski, 2015).
1.2 The law

The law
“Consists of rules that control the behaviour of individuals, businesses, and other organizations
in society,” according to the definition of law (Clegg, Ellena, Ennis and Vickery, 2011). The law
has function to protect citizens' rights and freedoms, establish frameworks, norms, and standards,
and ensure society's order are all functions of the law. Criminal and civil law are separated into
two branches: The application of criminal law to crime and the legal punishment of criminal
cases and Civil law is used in litigation involving individuals or corporations.
The sources of law
According to Finch and Fafinski being written in the book named Law express (2015), there are
eight sources of law. The first two sources are common law and statue law (Acts of
Parliament). Meanwhile, the common law is one type of the case law and it is passed by the
judge, the statue law is a written law approved by the Parliament. Secondly, the equity source
serves as the tool to complete the common law and it was approved by the Chancery court under
the Lord Chancellor. The source of the law also from the legislation. Ministers and local
governments were given the authority to form it. The other source is customs which is long-term
living practices and lifestyles that develop through time and are passed down from generation to
generation with consistency. The conventions which are rules that have developed over time as a
result of tradition and experience. As a result, they have a significant role in determining how the
government uses its authority. Other two sources are European Union Law coming from
Institutions of the EU and European Convention on Human Rights (ECHR). It has been in use
since the Human Rights Act of 1998, when it was introduced into UK legislation. (Finch and
Fafinski, 2015).
The Justice System
The Court System

Source: Simplified overview of Court and Administrative Systems, 2016
According to Abraham (1980) and the picture that the headquarter of the court is House of Lords
and it has the most supreme. Under the House of Lords is Court of Appeal and it divided into
Criminal Division and Civil Division. Crown Court will send the appeals and criminal cases to
Criminal Division. Magistrates’ Courts is under the Crown Court which solve the less serious
criminal cases. County Court and Family Court will send the appeals and civil cases to Civil
Division. High Court is below the Court of Appeal containing Queen’s Bench Division, Family

Division, and Chancery Division. Crown Court and Magistrates’ Court will send the criminal
cases to Queen’s Bench Division that these two courts cannot have enough power to judge.
Chancery Division will receive the appeals from County Courts which cannot cover. Family
Division received the cases from Tribunal which cannot cover. Tribunals hear appeals relating
to immigration, social security, child support, pension, tax and lad (Abraham, 1980).
The Organisation of Judiciary
According to UK Court Structure, 2021, following toThe Head of the Judiciary of England and
Wales is the Lord Chief Justice and it is also the president of the Courts of England and Wales.
In addition, the LCJ serves on the Judicial Executive Board and the Judges' Council and works
on judicial cases for 2/3 days per week (Abraham, 1980). Within the Tribunals and Tribunals
Judicial Executive Board, the Senior President of Tribunals (SPT) must have responsibilities
(TJEB). Three days a week, they deal with work on legal cases (Abraham, 1980). Chief
Executive is the head of the Judicial Office. A total of 200 people work for the Judicial Office.
The Judicial College, Judicial HR, Judicial Communications, and the Judicial Conduct
Investigations Office are all part of this office (Abraham, 1980)
The role of government in the law-making process
According to the book named the law- making process of Zander (2015), it has that there are
eight stages in the law making process. The first stage is the initial interest, in this stage, the
government is responsible for providing a paper outlining the nature of the needed legislation, as
well as draft and pre-legislative bills, so that interested parties can comment on the ideas. In the
draft Bill stage, the administration is collaborating with Parliamentary attorneys to develop a
bill. After that is the first reading, the government will present bills in the House of Commons,
select a date for the second reading, and print and distribute the bill to all Members and the
general public. In the second reading stage, the government will debate, vote on who agrees
and disagrees with the law while simultaneously documenting the process. And then in the
committee stage, the government plays a significant role in proposing further modifications and
assessing the committee members' revisions. In the third reading, the administration provides
the MPs with one last chance to alter. In the house of Lord stage, the government's job is to

transmit the bill to the House of Lords. The Government then presents the bill to the Monarch for
ratification if the Lords approve. If the Lords say no, the House of Commons is handed back to
the government. The final stage is the royal assent, when the monarch signs the bill, it becomes
law, and the administration must notify the people and publicize it (Zander, 2015).
How statutory and common law is applied in the justice courts
Written law, also known as statutory law, is one of the tools used to create legislation that is
enacted by Parliament. Judges pass common law (judge law, case law) that is based on prior
cases. In every instance, the court will first apply the statute law, and if that fails, the common
law will be used. As a result, statutory law takes precedence over common law. In this case, we
can see this more clearly (Beatson, 2006).
 Statutory law:
For example, the company has an employee who is discriminated against in the workplace
because he is a black man, so he cannot eat lunch at the same table with other employees. In this
case, the company must protect him from this discrimination. If the company fails to do so, the
company will violate the Equality Act 2010 and be punished according to the penalties of the
Equality Act 2010. Because the Equality Act of 2010 is a legal foundation for ensuring employee
equity in the workplace. According to the regulation, it is the employer's responsibility to prevent
and eradicate workplace discrimination (Equality Act 2010, 2010).
 Common law
For example, in an unexpected case, a factory worker's personal belongings room caught fire, all
of which was completely burned. The employees sued the company for this and demanded that
the company compensate them both physically and mentally. However, based on the
MacLoughlin v O'Brian case, the court only accepted the company's payment of physical
compensation to employees.

2. The potential impact of the law on a business. How company law, employment
law, contract law impact on the company.
Company law
The company law was created to maintain openness and responsibility to its shareholders in
order to ensure the organization's steady economic activities (G20/OECD Principles of Corporate
Governance, 2015). There are four elements of company law: the trading structures and
forming the business enterprise, the corporate administration, the maintained of finance and
capital, the corporate management (G20/OECD Principles of Corporate Governance, 2015)
Regarding the maintenance of financial and capital elements, in a law called the Companies Act
2006, it is required that in private companies, shares cannot be offered to the public. It effects on
the Drop Bear Beer Company.For example, because Drop Bear Beer is the private company.
Therefore, if they wishes to expand its business by issuing stock, they can only do so from a
limited pool of resources, such as employees, friends, family,... and the fund may be insufficient,
making it difficult to expand the company. Punishment: If Drop Bear Beer violates this
legislation, they will face a penalty of up to 5,000 pounds in fines.
Employment law
The legislation controlling the employer-employee relationship is known as employment law
(Legal Dictionary, 2015). There are five elements of employment law: employment status, the
dismissal at common law and redundancy, the unfair and constructive dismissal, the equality in
the work place, the conditions of employment (Legal Dictionary, 2015).
In term of the equality element, in the legislation named Equality Act 2010, the regulation
requires that the employer to prevent and eliminate discrimination in the workplace (Equality
Act 2010, 2010). It leads to the working environment of company. For example, Drop Bear Beer
should impose the ethical code prevent discrimination in the workplace and ensure the equality
and comfortable environment for employees. furthermore, If Drop Bear Beer does not solve

these problems, the employees cannot feel comfortable and quite the job, the company may lose
talent employees. Punishment: Otherwise, they may face fines ranging from 900 to 42,900
pounds if they break the regulations.
Contract law
Contract law refers to the body of law that governs, administers, and interprets contracts
involving the exchange of commodities and services (Legal Dictionary, 2015).. There are 3
elements of contract law: the offer, acceptance and the consideration and the mutuality (Legal
Dictionary, 2015).
In consideration, in legislation called the Consumer Rights Act 2015, the regulatory requirement
states that “The provisions must stand out. This will be gratifying as it captures the consumer's
attention in a way that an average consumer would perceive the term. " (Consumer Rights Act
2015, 2015). Therefore, Drop Bear Beer must give special attention to creating the labeling with
a large font warning that specific components might cause allergic reactions or poisoning in
users, making it easier for consumers to prevent unforeseen mishaps after drinking. Furthermore,
it may result in the company's poor reputation. Punishment: If Drop Bear Beer violates this law,
they will face a maximum fine of $10,000 and a two-year jail sentence if convicted.

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