ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Nguyen Duc Hai Student ID GBH18123

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Table of Contents
1. Introduction......................................................................................................................................4
1.1 Introduce the purpose of the report and the main content of the report.....................................................4

2. AN EXPLAINATION OF SOURCES OF LAW...........................................................................................4

1.2 The definition of law in general....................................................................................................................4
1.3-1.4 Function of law in general......................................................................................................................4
1.5 The main difference between the Case law and Statue law.........................................................................5
1.6 Examples of case law and statutory law......................................................................................................5
1.7 Analyze UK legal system...............................................................................................................................6
1.8 Analyze Vietnam legal system......................................................................................................................6

2. An explanation of the role of government in law-making and how statutory and common law is
applied in the justice courts...................................................................................................................7
2.1 The role of Parliament and the role of Government in law-making..............................................................7
2.2 Process to making law of Parliament...........................................................................................................7
2.3 UK court structure........................................................................................................................................8
2.4 Legal suit/case resolved in the UK................................................................................................................9

Conclusion...........................................................................................................................................10
Bibliography........................................................................................................................................11
1. Introduction
1.1 Introduce the purpose of the report and the main content of the report
The law is made and recognized by the state, expressing the common will of a country and region, and is
guaranteed by the State by means of education, persuasion, and coercion. The legal system in the UK has
great legal power, great legal system and is applied to most commonwealth countries. UK law deals with
matters such as criminal, monetary, civil, etc. and is enforced and regulated by courts in the UK. The law
in the UK is divided into two main types: statue law and case law; this assignment will explain about
them.

2. AN EXPLAINATION OF SOURCES OF LAW

1.2 The definition of law in general
Laws are often interpreted as a set of rules created and enforced through social or governmental
institutions to regulate behavior. State-enforced laws may be made by a collective legislature or by a
single legislator, resulting in statutes, by regulators through decrees and regulations, or established by
judges through precedent, usually in common jurisdictions. The law shapes politics, economy, history
and society in various ways and acts as a mediator between people.[ CITATION kip18 \l 1066 ]

Consider the Vietnamese labor code as an example to clarify the definition of the law. The Vietnamese
Labor Code is promulgated by the Vietnamese government regarding the rights and obligations of
workers and employers in Vietnam. Accordingly, stakeholders need to comply with the terms that the
law has enacted. When either party has a conflict or one of the two parties violates the provisions of the
labor code, they will be legally responsible and represented by the court.

1.3-1.4 Function of law in general

Through the definition and performance of the law, it is often seen that the law could be a means that to
control social relations, the law is one among the factors to verify and shield the health of officers
structure. On the one hand, the law acknowledges and institutionalizes the legal rights and freedoms of
voters and ensures that those legitimate rights and interests are exercised. On the opposite hand, the
law formally acknowledges the values that people want, towards human values for everybody.
Supporting legal provisions, all members of society have conditions to shield their legitimate rights and
interests, combat negative manifestations, build an honest, democratic, and democratic society
intelligent. (dtbd.moha.gov.vn, nd)
Labor law is an independent law branch in the Vietnamese legal system, including the overall legal
framework governing labor relations between wage workers and paid employers. labor and other social
relations are directly related to labor relations.[ CITATION hocnd1 \l 1066 ]

For example, within the Vietnamese labor code, the law is publically disclosed by the Vietnamese
government that shapes the rights and obligations of every worker and leader, labor standards, rules,
and management. job. Thereby, the Labor Code protects the rights of staff and provides out their
obligations, whereas additionally protecting the legitimate rights and interests of employers, facilitating
labor relations. Thereby, it'll facilitate staff and employers to feel safer as a result of there are laws to
shield them resulting in peace of mind on productive labor. Ensure provisions of the labor law that need
staff to possess the proper to coaching, it helps to market the capabilities and abilities of intellectual staff
and manual workers, of labor managers, to receive to form productivity, quality, and social reach
abandon labor, production, service, labor participation, and management, in favor of industrializing and
modernizing the country for the sake of a rich country, strong, fair, democratic, and civilized.

1.5 The main difference between the Case law and Statue law
Definition
Created and Established
Case law
This law was developed from
past cases, not codified and
judicial precedent is binding,
decisions were made by the
court.
Established by the whole Judiciary,
Court, Precedent and includes
documents adopted by parliament.
Statue law
The law was recorgnized and
codified by government and was
written by a legislator or legal
body.
Established with the
Government, Legislator and
Statutory regulation is
the respectable
written law system of a state.

Essence Informavitve Obligatory

1.6 Examples of case law and statutory law

Case law:

Oxford v Moss (1979) 68 Cr App Rep 183 is an English criminal law case, was judged by the Liverpool
Stypendiary Magistrate. The case is dealing with theft, intangible property and information. The court
ruled that information could not be deemed to be intangible property and therefore was incapable of
being stolen within the Theft Act 1968.
Statutory law:

The country's traffic regulations, tax laws, criminal codes, company establishment rules, etc. are all
statutory laws. A court's ruling on criminal and civil cases will matter, if the country allows them to be
the source of the law.

1.7 Analyze UK legal system

The basic feature of the law system is based on customary court judgments, and the term common law
itself is often used when it comes to the fact that English law is not based on a legal text. The basis of the
common law is that the judgments of the court, often called precedents, are the key basic characteristics
to distinguish this legal system from the Roman - German civil law system. The drawback of the previous
common legal system is that it is tough and inflexible. Regarding the content as well as the procedure,
the courts only follow what the precedent did, so they cannot adapt to new complex situations.
Therefore, in England, besides the common laws, perhaps the natural justice is applied when there is no
common law. This situation lasted until the 19th century when the Judicature Act of 1873 also provided a
combination of common law and the rules of fairness. This is also a period of reform and development of
English law with the appearance of many laws, administrative courts, administrative documents.
Especially joining the EEC in 1972 has an impact on the development of the British legal system.
Nowadays, British lawyers are more interested in and learn from the Civil law system. The development
of the common law system throughout the world is also different from the way the civil law system
develops.

1.8 Analyze Vietnam legal system

After more than three years of implementation - a long time, Vietnam has achieved many important
results, paving the way for the successful implementation of the strategy. Vietnam has completed steps
on policies, criminal, civil law and judicial proceedings, created a uniform legal basis, and brought the
resolution into social life. After the resolution was issued, many bills and ordinances related to the field
of justice work have been included in the National Assembly's law and ordinance making program. The
contents of the laws and ordinances have closely followed and timely institutionalized many guidelines
and policies of Resolution No. 49-NQ / TW on criminal, civil and judicial procedures. The National
Assembly has passed 14 laws, codes, 05 ordinances and 08 resolutions on the judicial field. The 12th
National Assembly has introduced a law and ordinance making program of 24 law projects, 06
ordinances on the judicial field, accounting for 23.43% of the total law projects and ordinances of the
whole course.
Them 1 dòng nghị định cụ thể.
2. An explanation of the role of government in law-making and how statutory and common law is
applied in the justice courts.
2.1 The role of Parliament and the role of Government in law-making
Parliament is going to be the place to create the constitution, laws, and therefore the initial creator of
the law within the country system. The government is that the recipient of a constitutional law published
by the National Assembly to form bylaws to guide the individuals to follow the laws set by the National
Assembly

2.2 Process to making law of Parliament

Figure 1: Role of
Parliment in making statutory law ( BTEC )

Step 1: Create a proposal for legislation supported opinions collected from the people. Then the bill (bill)
is mentioned and passed into this code. inexperienced Papers are consultation documents issued by the
govt.. the aim of the inexperienced Papers is to permit folks each within and outdoors Congress to
produce feedback and opinions on policy or legislative proposals.
Step 2: this can be the stage to debate the aim of the coming laws (aim for legislation) and therefore the
practicability of the bill. Parliament is the decision-maker at the stage. At the identical time, the govt. can
issue White Papers giving recommendations for future legislation.

Step 3: The bill is sent to the House of Common, House of Lords, and 2 homes of Parliament. The draft
law can receive comments from legal specialists to confirm believability and reliableness before it's
approved.

Step 4: this can be a bill part that has been formally legal by the Queen (Royal Assent), creating the bill a
law of Parliament.
2.3 UK court structure

Figure 2: UK court structure ( BTEC )

Referring to this diagram, the united kingdom court system is split into 2 divisions, together with the
Criminal and Civil division.

In the Criminal division, the Magistrates Court is that the lowest court and handles minor crimes and
committal.

However, counting on the seriousness of the cases, the Crown Court can hear appeals relating to the
Magistrates Court's call with the participation of a jury.
At a better level, the Court of appeal receives associate appeal submitted from the Crown Court.

In the Civil Division, you'll see that the Magistrates Court, the County Court, and therefore the Family
division of the high court are targeted on handling cases regarding family problems supported public or
private law. as an example, divorce or custody dispute.

In specific, the Family division is taken into account the most important court within the high court
system, thus this court can settle for and receive appeals from family cases from the official Court and
therefore the County Court.

Regarding money disputes, the County Court will submit a lot of serious cases to the Chancery to resolve
bankruptcy and mortgage loans. the varied Tribunals, on the opposite hand, typically receive cases
submitted from the County Court relating to land disputes. just like the Magistrates Court, if some are
outside the jurisdiction, the varied Tribunals can bring the cases to the Civil division of the Court of
appeal.

Also within the high court, the Queen's bench division plays a decisive role in business dispute cases
involving breaches and contract breaks. In some cases, the Queen additionally has proceedings
jurisdiction.

The Supreme Court is that the supreme court and has the very best decision-making authority within the
United Kingdom of Great Britain and Northern Ireland court system. In some cases, if the litigant needs
to be assessed at the Supreme court, whether or not civil or criminal, it should offer new proof or
evidence of a breach within the proceedings.

2.4 Legal suit/case resolved in the UK

Backgrounds of the case: Beale v Taylor [1967] 3 All ER 253, CA, 222, 223

Facts: Taylor printed a poster to sell an automobile describing it as “white, 1961, herald convertible….”
wishing on that description Beale came to examine the automobile. Since he failed to have a license, he
failed to truly take a check drive, however simply Sabbatum on the traveler facet. once the check run he
conjointly saw an argentiferous disc on the rear of the automobile with the figure 1200 on that. He
bought the automobile basic cognitive process to be the 1961 model. once he got the license he found
the automobile unacceptable. On examination, the mechanic told him that the automobile was created
of 2 cars welded along, the front portion was one 948 model whereas the rear portion was the 1200
model. Additionally the automobile was found to be unroadworthy and unsafe. Beale filed a suit claiming
damages.

Issues: whether or not the dealing was sale by description? Vấn đề về pháp lý: Tranh chấp lm sao ?
Những vde cần xét xử.
Plaintiff

B is entitled to damages for breach of the condition as inexplicit by sec. Car ought to correspond with its
description as cash was paid on a thought that had completely unsuccessful for breach of associate
degree inexplicit condition of worthiness.

Defendant

It was not a purchase by description however sale of a specific automotive as seen, tried and approved.
the client had ample chance to examine and check the automotive.

Holdings: The court was in favor of Beale and asked the defendant - Taylor was responsible for a
violation on the grounds that the car did not match the description based on the s13 Sales Act.

Luật được áp dụng để xét xử vụ án này là..

Conclusion

Bibliography

dtbd.moha.gov.vn, nd. Vai trò của pháp luật đối với xã hội. [Online]
Available at: http://dtbd.moha.gov.vn/uploads/resources/admin/files/CS_TLBD_Chuyende2.pdf
hocluat.vn, nd. Luật lao động. [Online]
Available at: https://hocluat.vn/wiki/luat-lao-dong/
[Accessed 30 5 2020].

kipalog, 2018. Luật là gì - Khái niệm luật. [Online]

Available at: https://kipalog.com/posts/Luat-la-gi---Khai-niem-luat
[Accessed 11 2 2020].

parliament.uk, n.d. Parliament and the Government. [Online]

Available at: https://www.parliament.uk/about/how/role/parliament-government/
[Accessed 12 2 2020].

parliament.uk, n.d. What is the role of Parliament?. [Online]

Available at: https://www.parliament.uk/about/how/role/
[Accessed 12 2 2020].