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Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit7: Business Law

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 TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................. 4
II. SOURCES OF LAW........................................................................................... 5
1. DEFINITION OF LAW ......................................................................................... 5
2. FUNCTIONS OF LAW ......................................................................................... 5
2.1. Macro Functions ...................................................................................... 5
2.2. Micro functions ....................................................................................... 8
3. CASE LAW AND STATUTORY LAW ...................................................................... 10
4. EXAMPLES OF STATUTORY AND CASE LAW TO DEMONSTRATE THEIR DIFFERENCES ..... 12
............................................................................................................................ 14
APPLICATION 1: .................................................................................................. 14
5. ANALYZE THE DEVELOPMENT AND RECENT REFORMS OF THE UK LEGAL SYSTEM ........ 17
6. ANALYZE THE DEVELOPMENT AND RECENT REFORMS OF THE VIETNAM LEGAL SYSTEM
19
III. ROLE OF PARLIAMENT AND GOVERNMENT IN LAW-MAKING ................. 24
1. ROLE OF PARLIAMENT AND GOVERNMENT IN LAW-MAKING .................................. 24
2. MAPPING PROCESS OF THE LEGISLATIVE PROCEDURE IN PARLIAMENT. ...................... 25
......................................................................................................................... 25
3. THE UK’S COURT STRUCTURE ........................................................................... 26
APPLICATION 2: .................................................................................................. 31
IV. CONCLUSION ............................................................................................. 33
REFERENCES ....................................................................................................... 34
I. Introduction

The report will make research on the basic principles of the legal system of the
UK. First, the report will explain the various sources of law and the differences
between case law, and statutory law. Moreover, it will give specific examples
of the recent developments and reforms in British law sources. The second
purpose of the paper is to highlight the roles of Parliament and government in
law-making, as well as to demonstrate how the law is applied in justice courts
through the court structure through charts and making cases.
II. Sources of Law
1. Definition Of Law

Law can be defined as a set of rules for directing human behavior, imposed and
enforced among the members of a particular state, to allow the state to operate. If
there is no legal system, anarchy is likely to occur, as can sometimes be seen in
countries where the civil war causes violence and eventually collapse of the system of
law and order. (Business Essentials Book, 2010)

2. Functions Of Law

2.1. Macro Functions

a) Maintain order

Public order: According to Partington (2016), The idea that legislation sets the
limits of acceptable behavior and prescribes penalties for infringements of
those boundaries (which is, in essence, the purpose of criminal law)
contributes significantly to the maintenance of public order. Nevertheless, the
maintenance of public order automatically introduces another but not
generally clear legal function: the defense of civil liberties and human rights.
But that security function cannot always be compatible with public order
preservation.

Political order: The primary function of law is to uphold the country s political
structure the legislative function of law. (Partington, 2016)

For example, The Scottish Parliament and the Welsh Assembly have created a
new legal framework for regulating the relationship between the London
government and the Edinburgh and Cardiff governments, respectively,
providing for the devolution of powers from the London government.
(Partington, 2016)
Social order: According to Partington (2016), Defining the nature of social
order is extremely complex; opinions vary widely. These may be due to skill
differences, or income or wealth disparities, or birth or class differences. These
differences are reflected in many law rules, notably those which define
concepts of property and contract.

Economic order: The relationship between law and economic order raises
issues similar to those found in the law-to-social order connection. The law
defines property ownership rights, as well as establishing procedures for
transferring those ownership rights from one person to another. The law
allows for the coexistence of different property rights (e.g. tenancy or trust) in
the same piece of land. (Partington, 2016)

For example, there are legal requirements, for example, that those who sell
insurance policies or other costly financial products must provide a cooling-off
period within which the customer can change his or her mind. Housing law
regulates the relationship between the tenants and landlords. Employment
legislation regulates the employer-employee relationships. More generally,
measures allow the consumer to challenge terms in contracts that are considered
unfair. (Partington, 2016)

International order: For example, For a long time the conduct of the war has been
subject to international legal restrictions, such as the Geneva Convention on the
Treatment of Prisoners of War. Likewise, certain limitations on wartime conduct,
such as the prohibition of torture, have been stipulated in international law
instruments; and one of the most pressing social issues of the day, the protection
of asylum seekers in one country because of a well-founded fear of persecution in
another, is essentially shaped by international law principles. (Partington, 2016)

Moral order: Another macro function of law is to assist in the moral order of
society. Many philosophers claim that there ought to be little, if any, to
differentiate between law and morality; that the law ought to represent simply
and intentionally certain morality issues that people believe they are minded
of telling how we ought to act. Others draw a clear distinction from law to
morality. They claim that the simple fact that many people believe such types
of conduct or action are morally wrong (e.g. engaging in homosexual activity, or
tax evasion) should not mean that such actions should be described as illegal.
Perhaps the clearest example of this is the moral imperative not to kill people,
embodied in criminal law laws that prohibit this behavior. (Partington, 2016)

b) The resolution of social problem

The attitude of politicians believes that a legal role is to solve social problems.
A secret but often unavoidable effect of using the law to solve social problems
is that the creation of new laws does not result in addressing existing social
problems, but rather in creating new social problems. The process of dealing
with one problem leads to another being developed, which, in effect, will later
be a solution (Partington, 2016).

c) The regulations of human relationship

Another essential legislative role is to govern the nature and extent of human
relationships. Law provides a framework for the allocation of properties
around marriage breakdown and civil partnership. The law sets limits to the
nature of sexual relationships, requiring, for example, the minimum age of
sexual consent, and finding such sexual relationships illegal within the
forbidden degrees of consanguinity (incest and other close relations). The law
also sets out a framework for treating children and other members of the
family (Partington, 2016).

d) The educative or ideological function of law

Another function of law, almost whatever its impact in particular cases, is an

educational one; it contributes to shaping a nation's ideology. When such laws

come into force, those who argue for their introduction often accept that the

law does not alter the attitudes of mind on its own which leads to

discriminatory behaviors that result in the creation of those laws. More

broadly, countries that follow the rule of law concept say that the powers of

state officials must be limited and that individual citizens should have both the

right and the opportunity to challenge decisions where they are considered to

be incorrect or unjust in some way. Therefore, in that sense, another macro

function of law is related to educating the social attitudes and responsibilities

of the public (Partington, 2016).

2.2. Micro functions

Turning from the ‘macro’ to the ‘micro’ level means contemplating rather
more complex law-related functions, many of which originate from the
previously identified ‘macro’ functions.

1. Defining the limits of acceptable behavior

Many citizens have a vulnerability to criminal law. Criminal law forbids certain
kinds of conduct, such as murder and violent crime, about which there would
be broad agreement. A major goal of this branch of the law is to prescribe the
limits of socially acceptable conduct. (Partington, 2016)

However, the statutory function in regulating human behavior is not solely

through criminal law. Civil rights areas have a similar function. For example, if
a party to a contract violates the contract, laws allow the affected party to
claim compensation from the violating individual. Although the purpose of civil
law is not to prosecute an individual in the context used in the definition of
criminal law, however, civil law rules clearly indicate that a contract can not be
infringed with immunity nor can one person behave negligently in relation to
another. Civil law laws often send out the message that certain forms of actions
are either unethical or unwanted. (Partington, 2016)

2. Defining the consequences of certain forms of behavior

Law doesn't just describe inacceptable behavioral types. It also stipulates

consequences. These are the penalties which lead to a finding of guilt in the
case of criminal law. Similarly, in the context of civil law, the law prescribes the
remedy that may be obtained from the defendant by the person concerned by
a breach of contract or a careless act. (Partington, 2016)

For example, one person driving a car carelessly or recklessly can cause a road
accident. This may result in the police attempting to prosecute the offender
through the criminal courts; if found guilty, that may result in a fine or even
incarceration being imposed. The driver may argue that the accident happened
because her car was improperly serviced, and may therefore bring an action

against the garage for breach of contract. Through the above situation, it can
be seen that events can lead to a range of different legal consequences. And
the above case has created 3 different legal consequences from the same case.
(Partington, 2016)

3. Defining processes for the transaction of business and other activities

The specification of procedures by which such activities must be carried out is

a very different feature of the law. In practice, in ignorance of the rules, people
try to carry out those transactions. Instead, given procedural irregularities, the
law must establish supplementary rules to avoid injustice. To answer to this
problem would, many of the principles of equity law created. (Partington,
2016)

4. Preventing the abuse of power by officials

Much of the law is designed to prevent government officials from abusing

influence. For instance, police are required to work within the powers specified
by the 1984 Police and Criminal Evidence Act, which limits their powers of
arrest, search, and interrogation. The nature of administrative law is linked to
the value of officials working within a legislative framework that prescribes
their power; not allowing officials to misuse discretionary powers, and allowing
people to take advantage of certain procedural safeguards. (Partington, 2016)

5. Prescribing procedures for the use of law

Including recommending procedures for performing various types of

transactions, there is another significant body of procedural law that seeks to
control how the courts and other adjudicative bodies function. This body of
law can set limits on the proof that may be used in different types of cases. It
also prescribes the way.in which various types of proceedings are to be
performed, whether in the courts or other legal methods. (Partington, 2016)
 3. Case Law And Statutory Law

Case Law (Common Law and Equity)

Common law is an unwritten law agency. The law extracts legal principles and
penalties from previous situations and extends them to subsequent similar
cases. Enacted by a court, common law is enforced where written rules do not
exist or in unusual cases.

Statutory Law

Statutory law can be described as a set of principles and rules of law which is
available in writing and developed by the legislative body to regulate the
actions of a country's citizens. It becomes a statutory law when a bill is passed
by both Houses of Parliaments by enactment.

A statute is nothing but the formally written act which expresses the legislative
will. This is the decree or order rendered by legislation that must be followed,
or a course of action prohibited, or actions governed. The legislative law
includes the guidelines for controlling society which must be made in
anticipation of potential cases.

Function of Common law and Statutory law

Society members under social control may have different social standards,
different attitudes, and benefits. Control of those behaviors and inculcation of
socially acceptable social norms among members of society is significant.
Socio-controls are informal and structured. Law is one of the official ways of
controlling society.

Dispute resolution

Disputes are inevitable in society's life and that is the role of law in resolving
disputes. As a result, disputes with alternative dispute resolution mechanisms
can be resolved by law in court or out of court.
Social change

Some scholars agree about the role of law as an instrument for social change
in modern society. The law allows us to experience conscious, anticipated, and
social change focused. The law's flexibility provides several tools for making it
adaptable to social conditions at the discretion of the law. If the law is static
and unchangeable, it may not react naturally to changes and may lead to
resentment and discontent among subjects, and may even lead to violence.

Comparison table

BASIS FOR COMMON LAW STATUTORY LAW

COMPARISON

Meaning The rule that arises from Statutory law is the

court rulings is called system of principles and
common law. laws laid down by the
statute.

Alternately known as The law of cases Legislation

Nature Instructive Prescriptive

Statutes enacted
Based on Recorded precedent in the through the legislature.
justice system.

Operational level Procedural Substantive

Amendment Amended by statutory Amended through a

legislation. different statute.
 4. Examples Of Statutory And Case Law To Demonstrate Their
Differences

Case law is the whole body of law that emerges from all stages of courts'
written decisions; statutory law is all the laws enacted by the government.

For example, in Canada, they are believed to have broken if a person is charged
with an assault. 266 The Canadian Criminal Code-a a law passed by the federal
government. You should read this law and it will provide you with a lot of legal
information and what the Crown needs to prove to prosecute someone for
breaking it.

In the above example, case law is important to help understand the Statute
and to support a claim that the Crown either has or has failed to meet its
conviction burden. In such a case, the judgments used may vary tremendously
from those on proving identity to proving men rea the guilty mind needed to
convict, meaning that the accused planned the conduct that constituted the
crime, to particular defenses that the accused might bring forward, to whether
proof should be admitted to the Trial. Where a person is convicted of a crime,
statutory law can provide instructions for punishment or mandatory
sentences. For example, any adult convicted of murder in Canada can only be
sentenced to life imprisonment. It's a mandatory sentence written into the
Criminal Code. Nevertheless, case law is still relevant, as it is used to argue for
longer or shorter amounts of time before the convicted person is eligible for
parole.

Case law is important since it is unique to evidence and may or may not be
binding on a judge. If the case is decided in the same jurisdiction by a higher
court, it is binding, meaning it must either be followed up or separated. If it is
from the same court level in the same jurisdiction it should be followed
because of the legal principle culture, which essentially means that the
decision should be followed because of the judges in the same court-say
regional criminal trial judges-should act in unison in order to avoid
contradictory decisions based on the judge hearing the case. This is not binding
though. This means a Judge could distinguish it-make a ruling that the two
cases are not factually similar and therefore the earlier decision does not apply,
or the Judge could find that the earlier case was wrongly decided. This can be
achieved only in group cases, not where case law is binding. Decisions from
different jurisdictions may be convincing but never binding and don't extend
to society. For example, in Alberta, only the Alberta courts and the Supreme
Court of Canada can be binding, but the Ontario Court of Appeal's judgments
can be very convincing if there are no binding rulings that the Court would
obey.

All law enforcement agencies are equally important at court, while statutory
law trumps case law on a given point. A simple way to think about it is that the
Statutes provide the foundation, and the Case Law builds on that skeleton and
provides the flesh a court needs to come to a decision that is compatible with
other specific jurisdiction decisions in similar cases.
Application 1:
The conditions for the application of a case law in Vietnam

On October 28, 2015, the Council of Judges of the Supreme People's Court
issued Resolution 03/2015 / NQ-HDTP on the process of selecting, announcing
and applying case law, effective from the date of 12/16/215.

Conditions for applying case law in trial

Case law is studied and applied in trial after 45 days from the date of
publication or stated in the decision to announce the case-law of the
Chief Justice of the Supreme People's Court.
During the trial, judges and jurors must study and apply case law to
solve similar cases, ensuring that cases with similar circumstances and
legal events must be handled the same.
In case there is a change in the Law, Resolution of the National
Assembly, Ordinance, Resolution of the Standing Committee of the
National Assembly, Decree of the Government but the case law is no
longer appropriate, the Judge or the Judge shall not apply case law.
Where due to circumstances, the case is no longer appropriate, the
Judge or juror shall not apply the case law, and he/she must
immediately propose to the Council of Judges of the Supreme People's
Court (via the Department of Legal Affairs and Scientific management)
to consider cancellation.
Identify e d ffe a ce be ee V e a a d UK law

Ve a La UK La
"All legal relations adhere to Britain never supported
political and legal thought and the French Revolution's
cannot be a reflection of the idea that the judge's
principles of justice that power should be curbed,
represent them." Vietnamese that they should be strictly
law is deeply affected by this limited only by enforcing
Conception of law ideology, institutionalizing the the laws proclaimed by the
policies of the ruling legislature.
Communist Party.

Vietnam's enactment of the The legal system of

Constitution and laws is Common Law consists of
under the authority of the the rules of judge making
National Assembly (Article 70
of the 2013 Constitution),
and other agencies such as
the President, the
Law Enforcement Government, the Prime
Agency Minister, and the Court. They
also have the power to enact
legal documents (as defined
in the Law on the
Promulgation of Legal
Documents of 2008).

Vietnam's judicial system At trial the Common Law

values questioning. system values litigation.
Trial produre

Vietnam's legal system is The common law's legal

called "Socialist Legislation," basis is founded upon
which assigns significance to reverence for the legal
filling the statutory precedent.
Legal background documents promulgated by
the legislature with the legal
loopholes.
 In practice, the new
Vietnamese legal system
considers that only legal
documents are the sole
source and "the most
advanced legal type"
Source of law
compared to other sources of
law.
Vietnam also recognizes the
need for independence of the
judiciary throughout the
Constitution, but the fact that
the organization of the
judiciary and the way of
selecting judges currently
leads to judiciary being a
weak, yet lacking industry.
Therefore, the requirement
The roles of justice
for the independence of
justice is justified on the
regulation.
Made by the judges who
clarify and pronounce the
law, and determine the
source of the law.
The judicial system in the
UK has two distinctive
features: Firstly, the
uniformed judicial staff,
the lawyers and the
judges are equally
trained. Second, the
mechanism for dividing
the Primary Court and
High Court, only the High
Court has the authority
to conduct joint trials
and enjoy a special
statute to ensure the
independence and
reputation of the judge;
since the 1990s general
powers have been
granted to several
primary courts.
 5. Analyze The Development And Recent Reforms Of The UK Legal
System

According to Law Teacher (2018), UK Legal System the following advantages

and disadvantages:

Advantages:

The English common law system's first advantage is the security it affords. It
means that, based on previous similar proceedings, people can have a better
idea of how the courts will handle their particular case or circumstances.
Certainty is a fundamental principle of common law and of the rule of law.
Linked to this benefit is the fact that, unlike a codified system of rules that were
formed in the abstract, common law is focused on all the complexity and
nuances of the real situations in order to arrive at a ruling. There will be less
abstract and rational reliance on common law than on statutory law or codified
law.

The second advantage, the general system of law is versatile compared to

civilian systems. For the above reasons, judges should adopt the common law
on a case-by-case basis in respond to evolving societal needs and represent
changing socio-political norms and values. In a major case, it is much easier for
a judge to make a decision to amend the law in a given area than it is for
Parliament to write, discuss and enact the relevant legislation.

Disadvantages:

Nevertheless, common law systems often have a variety of drawbacks.

Amongst these is the sheer volume of legal material created by such a method.
There are many thousands of cases agreed upon, many with lengthy papers.
To derive the appropriate ratio decidendi (that is, the legal reasoning for the
judgment) these reports must be scrutinized in depth. One major criticism of
common law systems is that due to the volume of content, it can be difficult to
locate and extract the relevant concepts.
The second downside, based on the fact that a detailed legal code is not given
in general law. Here one can see the relative value of detailed civil laws setting
out the rules as a whole on particular matters.

The problem of the new law is a significant difference between the general
legislation structure and the civil system. The law is based on the principle that
it is unfair to assume that someone broke the rule by taking an action that was
not broken at the time. Changes in the law introduced by the circumstances,
however, will apply retroactively, as they will apply to the circumstances of the
current case.

The Improvement
There is actually a lot of advancement in technological innovation in the courts,
but there is still a significant decrease in contrast with innovations in other
fields of economic and court systems. At present, the focus appears to be
mainly on getting IT to court, so that case files can be electronically accessed.
Rising access to justice will go further by using IT. In addition to using IT to
create a database that contains the information required to resolve disputes,
IT may also commonly be used to create' virtual' courts or tribunals where the
parties can relate. Ask the judge by phone or online, rather than standing in
front of him/her (Partington, 2016-2017).
 6. Analyze The Development And Recent Reforms Of The Vietnam
Legal System

Advantages:

The Vietnamese legal system from the nineties of the twentieth century was
established highly, with many great achievements. Vietnamese laws and
regulations focus a lot on human rights, with a solid foundation built from
many democratic and non-communal societies.

Firstly, the Vietnamese legal system is complete, practical and feasible: The
Vietnamese state has established, released and slowly strengthened the legal
system to ensure the development during more than twenty years of
renovation. To ensure that the present social ties are properly established in
each era within the context of socialist rule, to establish a secure legal order
and to contribute to the appearance of houses. Present-day rule of law. (Civil
Law,2010)

Secondly, the Vietnamese legal system is simple, democratic, humane and

noble, free and transparent: In Vietnam, the law is becoming increasingly a
leading role, controlling social ties directly, slowly overcoming violation of the
law. The legal system's accessibility and clarity make it possible for people to
have quicker, simpler and less costly access to laws and legal services. A
scheme of publishing gazettes, posting laws (and draft laws) on mass media
was introduced by the Vietnamese Government. In addition, the State
simplifies administrative processes, strengthens procedural rules, enforces law
enforcement frameworks-reinforces rules to ensure social stability and
imposes criminal policies according to image reduction pattern, punishes. (Civil
Law, 2010)

Ultimately, the Vietnamese legal system is increasingly complete,

harmonious, in accordance with the universal legal principles of the country
and the world: All legal documents issued by the State of Vietnam in the years
Recently, the concept of respect for foreign agreements and treaties have been
upheld. Vietnam was compliant with WTO agreements on intellectual
property, tax, investment law, corporate law, reform of regulatory processes,
judicial proceedings, arbitration systems, attorneys, antitrust competition
laws, consumer protection laws, bankruptcy laws, etc. (Civil Law, 2010)

Disadvantages:

The Vietnamese legal system has some limitations as follows:

Firstly, the legal system still has many contradictions: As we know, the
Vietnamese legal system is very diverse in types of documents and huge in the
number of legal documents. Because there are so many types of documents
issued by many levels, but there is a lack of comprehensive consideration
mechanism for different legal fields, conflicts and overlaps are unavoidable.
Cumbersomeness, the existence of inadequacies and contradictions reduces
the transparency of the law, making the law more complicated, confusing and
difficult to apply and therefore, less effective.

Second, the law is constantly changing: In the process of institutionalizing the

requirements of economic and social development, many legal documents
have a very short life span, even newly enacted, they have to postpone real
show or have to modify. Laws are frequently changed, leading to significant
difficulties in implementation and adversely affecting the stability of social
relations, especially for economic relations.

Third, many legal documents are of low normality: Legal documents lack
specific rules of conduct that entities must follow. There are documents that
contain more declarative provisions than the legal ones. This has led to a
number of conflicts between guiding documents and implementing
documents.

Fourthly, the transparency of the legal system is limited: In terms of

accessibility, the transparency of the legal system is better guaranteed.
However, in terms of clarity and transparency, the legal system still lacks
transparency. It is this limitation that makes people really confused when
implementing or applying the law.
Fifthly, the systematisms of the law is still very limited: The different laws and
sub-law documents have not yet really formed a whole with the guiding
principles throughout them are specialized or interdisciplinary. The
contradictions between the Housing Law, the Land Law, the Civil Code on a
number of issues (such as the validity of transactions, on the basis of ownership
identification, ownership registration) mentioned by the public This is an
example for the low systematicity of the current laws of our country.

The Improvement:

To ensure the constitutionality, legality and consistency of the by-laws and

ordinances for the legal system is a big issue, requiring the attention and
efforts of each agency as well as the coordination synchronously from the
drafting, and evaluation agencies to agencies that inspect, supervise and
review legal documents. Therefore, it is necessary to improve the law to ensure
the consistency of the legal system, enhance the capacity and efficiency of
activities of entities directly involved in the process of building, issuing,
supervising and inspecting, reviewing legal documents.

Some solutions to improve the efficiency of ensuring the consistency of the

legal system:

Continue to simplify the system of legal documents: It is necessary to shorten

the types of documents containing legal documents to make the legal system
simpler and easier to ensure the uniformity of the system laws, making the
legal system accessible and convenient for law enforcement and application.

Limiting the issuance of "framework law": For detailed regulations, it should

only be provided in one document but not many documents should be issued
to specify different groups of issues assigned to the same competent authority
for promulgation. The drafting and issuance of such documents will contribute
to making the legal system simpler and more transparent while ensuring high
uniformity in the legal system.
Completing the process of developing and promulgating legal documents in
the direction of improving the efficiency to ensure the consistency of the
legal system: Improving the quality of legal documents at the stage of
elaboration and promulgation issuing documents will help avoid the
occurrence of "gritty" documents that do not conform to the documents of
superior state agencies, which are contradictory and overlapping.
III. Role of Parliament and Government in Law-making

1. Role Of Parliament And Government In Law-Making

Role of Parliament

Parliament has three core functions throughout the world and the United
Kingdom: serving public rights, passing laws and monitoring government
actions. We perform the legislative role because they have the power to
amend, authorize or reject the government bill in addition to giving themselves
the rule. This role is closely linked to the parliamentary feature in that it is by
the will of the people that parliament in democratic countries receives
authority.

Depending on the type of parliamentary system the exact means by which a

parliament participates in the legislative process varies. In British Westecer
structures, most draft laws are established by the government's executive
branch and the parliament's main role is to review, modify and pass legislation.
Different MPs may make bills but very few of these bills reach the stage of the
committee and even less is passed. Retailers have a greater chance to make
bills in presidential structures and private MPs before they are reviewed,
updated, and approved.

Role of Government in Law-Making

For the nation where the law is enforced and used. Guaranteed for the
implementation and execution of the law. The Government has the right to file
a bill for consideration before the Parliament. The government also has no
right to amend or supplement the laws established by Parliament.

The government also has the function of creating secondary laws to help
enforce the law. Decrees and decisions in particular.
 2. Mapping Process of the Legislative Procedure in Parliament.

Figure 1: Process to making law of Parliament (sources: slideplayer.com)

Explanation of the map

A bill may begin in the House of Commons or the House of Lords and must be
approved by both Houses in the same form before it becomes an Act of
Parliament. The process to follow for a bill to become a legislative act is, in
brief:

First reading: This is formal point. The bill's title is read, and published
afterwards.
Second reading: This process includes the House of Commons ' main
debate on the bill's general principles.
Committee stage: The aim of this phase is to look into the bill in
depth. At this point modifications can be made to it.
Report stage: When amendments to the bill are made in committee, a
report stage is required and the House votes on any amendments. The
Speaker may pick the amendments which will be addressed.
Third reading: This is the final stage which includes consideration of the
amended bill. This is the last chance MPs will have to vote on the bill.
Proceedings at the House of Lords: This stage starts in the House of
Commons after the third reading. The process in The Commons is
identical to that. If the Lords have amendments to the bill, they must
be passed back to the Commons. The bill may ,in theory, go back and
 forth between the Lords and the Commons until the proceedings are
terminated by prorogation.

Royal Assent: After gaining Royal Assent, a bill becomes law and is
referred to as a constitutional act. The Act may postpone its date of
commencement which may be determined by delegated legislation.

3. The UK C S c e

Figure 2: The UK's Court Structure (sources: Library to congress)

The court system in England and Wales can be considered to consist of

5 levels:

The Supreme Court (formerly the House of Lords) and the Privy
Council Judicial Committee.
Court of Appeal
 High Court
Crown Court
Magistrates ' Courts
Tribunals Service District courts

Privy Council Judicial Committee

The Privy Council Judicial Committee is the court of final appeal for the
Commonwealth countries which have maintained appeals either to Her
Majesty in Council or to the Judicial Committee. It is also the court of final
appeal for devolution-related matters to the High Court of Justice in Scotland.
In 2009 the new Supreme Court took over certain duties of the Judicial
Committee.

Supreme Court (formerly House of Lords)

In 2009, the Supreme Court replaced the House of Lords as the highest court
in England, Wales and Northern Ireland. As with the House of Lords, the
Supreme Court (only in exceptional circumstances) heard appeals from the
Court of Appeal and the High Court. It also hears Court of Session appeals from
the Outer House of Scotland. 5 Justices (formerly Lords of Appeal in Ordinary,
or Lords of Law) usually hear appeals, but there may be as many as 9.

The Court of Appeal

Consists of two divisions, the Criminal Division and the Civil Decision. The Court
of Appeal's decisions may be brought before the Supreme Court (formerly, the
House of Lords).

Civil Division
The Court of Appeal's Civil Division shall hear appeals from the High Court, the
Tribunals and certain lawsuits from the County Courts involving civil law and
family justice.

Criminal division
The Court of Appeal's criminal division handles Crown Court appeals.
High Court
The High Court consists of three divisions, the Chancery Division, the Family
Division and the Bench Division of the Queen. High Court rulings may be put
before the Civil Division of the Court of Appeal.

Chancery Division: Companies Court The Chancery Division's

Companies Court deals with proceedings relating to corporate fraud,
business disputes, insolvency, company management and directors '
disqualification.
Chancery Division: Divisional Court The Chancery Divisional Court deals
with securities, trusts, litigious probate, tax agreements, bankruptcy
and property cases.
Chancery Division: Patents Court The Chancery Division's Patents Court
deals with cases relating to intellectual property, copyright, patents and
trademarks, including the handing off.
Family Division: Divisional Court The Family Divisional Court deals with
all matters relating to marriage, including child custody, parenting,
adoption, family homes, domestic violence and so on.
Queen's Bench Division: The Administrative Court. The Court of the
Queen's Bench Division shall hear judicial inquiries, constitutional
appeals and complaints, claims for habeas corpus and proceedings
under the 1984 Drug Trafficking Act and the 1988 Criminal Justice Act.
It also regulates the lawfulness of lower court and tribunal decisions
and actions, local authorities, Crown ministers, and other public bodies
and officials.
Division Queen's Bench: Court of Admiralty. The Queen's Bench
Division's Admiralty Court deals with shipping and maritime disputes,
including accidents, salvage, cargo holding, restriction, etc. The Court
can arrest and sell vessels and cargoes within England and Wales
jurisdiction.
 Queen's Bench Division: Commercial Court. The Queen's Bench Division
Commercial Court deals with lawsuits arising from domestic and
international business disputes, including international trade,
insurance, securities and arbitration proceedings.
Queen's Bench Division: Mercantile Court The Queen's Bench Division's
Mercantile Court deals with national and international commercial
disputes involving lesser-value and uncertainty cases than those heard
by the Commercial Court.
Queen's Bench Division: Technology and Construction Court The
Queen's Bench Division's Technology and Construction Court is a
specialist court that deals primarily with technology and construction
conflicts concerning technically complex issues or concerns, and with
situations where a jury by a TCC judge is preferable.

County Court

County Courts handle all but the most complicated and simple civil cases
(including most of them worth £ 5000), such as debt repayment claims,
infringement of goods or property contracts, personal injury, etc.

Crown Court

The Crown Court deals with criminal charges removed from the courts of the
Magistrates, including hearing serious criminal proceedings (such as murder,
rape, and robbery), sentencing hearings, and appeals. Crown Court rulings may
be taken before the Judicial Division of the Court of Appeal.

Magistrates' Courts

The Magistrates' Courts deal with common civil cases, including family court
and juvenile court proceedings, along with betting, gaming, and liquor
licensing.
Tribunals Service

The Tribunals Service makes decisions on such matters as asylum, deportation,

redress for criminal accidents, social security, etc. Tribunals Service judgments
may be put before the appropriate High Court Division
Application 2:
Background:

Claimants: AA

Defendant’s: PERSONS UNKNOWN and iFINEX, BFXWWINC

Facts:

The Claimant ("AA") is a company offering cyber-attack protection. The case

involves a cyberattack against AA's client, in which a hacker encrypted the
computer systems of the customer and requested a ransom payment in bitcoin
to the address provided in return for a decryption device. The First Defendant
(D1) is the fraudster who asks for the bitcoin. AA (through an Incident Response
Company) agreed to pay Bitcoins US$ 950,000 as a ransom and transferred
109.25 bitcoins to D1's address. AA found that 96 of those bitcoins were then
transferred to a specified address linked to the Bitfinex exchange: the Second
Defendant (D2) is the person(s) actually managing bitcoins, and the Third and
Fourth Defendants are trading Bitfinex. AA could not identify D2 from that
address: D3 and D4 probably know their identity.

Issue

There was a serious question to be sought as to whether AA would recover the

bitcoins as a recovery property and/or as a beneficiary of a constructive trust1;
the balance of convenience was in favor of the injunction, and the judgment
would be an insufficient remedy if the 96 bitcoins were dissipated.

Decision

The 1998 Human Rights Act was in force. Bryan J considered it necessary to
anonymize AA and the Customer, again because of the possibility of cyber-
attack retaliation. Furthermore, Bryan J observed that if D1 and D2 were served
or the property was covered, this decision would lift privacy. Bryan J issued a
proprietary injunction against the Defendants over the 96 bitcoins, extending
Polly Peck International Plc v Nadir No. 2 [ 1992 ] 4 All of ER 769.

Conclusion

As a result, AA's demands for the trial to be in private and for a proprietary
injunction on bitcoins were successful; subsequent orders were given to locate
unknown Defendants and to supply all Defendants with the injunction and the
allegations.
IV. Conclusion
To sum up, this article will look at the specifics of the UK legal system. Next,
the study must explain the different legal sources, the variations in case law,
common law, and legislative legislation. The paper's second purpose is to
illustrate government positions in lawmaking, how to enforce laws in the courts
of justice by illustrating the framework of the court through maps and making
cases. Sue arguing how the judge interpreted the rule in dealing with the above
matters.
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