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 Bùi Thị Hồng Nhung Student ID

Class Assessor name Do Minh Tuan

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:

Signature & Date:

 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.
 You should use in text references and a list of all cited sources at the end of
the essay by applying Harvard referencing style.
 The recommended word limit is 2000-2500 words (+/-10%), excluding the
tables, graphs, diagrams, appendixes and references. You will not be
penalized for exceeding the total word limit.
 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:
LO1 Explain the basic nature of the legal system

Assignment Brief and Guidance:

*This assignment guidance should be more specific in detail to meet customised
needs.

Assignment Scenario

You are a paralegal at Vietnamese law firm. This time, you are applied for one-
year job exchange in UK law firm, an associated partner of your law firm. The
exchange requires basic understanding of the UK legal system and how it is
different with Vietnamese legal system. To get this opportunity, you need to
write an individual report to explain, analyse and assess these matters.

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 law/
codified law.
Besides, you should analyse the development and recent reforming of different
sources of law in the UK by giving some specific examples.
Furthermore, you had better critical assess the source of law in Vietnamese or
another local law system (for foreign student) to justify how these sources of law
contribute to remain the order of the country ‘s society effectively. The student
may choose one specific or all sources of law to justify

3. An explanation of the role of government and parliament in law-making

and how statutory and common law is applied in the justice courts.
First, explain the role of government and parliament 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, demonstrate how the judge applies law in resolving the legal suits by
choosing one case/ legal suit, which was resolved already in the UK, for analysis
with the following contents:

(i) Summarize the FACTS of the case;

(ii) Point out the LEGAL ISSUE;

(iii) List some HOLDINGS/ DECISIONS of the court; and

(iv) Identify which LAW (Precedent, Law, Code or Act) was applied by
the court in his/her Decision (name the law only) and clarify that the
applied law is statutory law or case law.

4. 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 P1 Explain M1. Evaluate the LO1 &LO2 D1.
basic nature of different sources of effectiveness of the Provide a coherent
the legal system law. legal system in and critical
terms of recent evaluation of the
reforms and legal system and
P2 Explain the role developments law, with evidence
of government in drawn from a
law making and range of different
how statutory and relevant examples
common law is to support
applied in the judgments.
justice courts.
 Content:

I. INTRODUCTION
II. BODY:
1. sources of law

2. Function of law in general

3. Explain the main difference between the Case law and Statue law

4. Analyze the development and recent reforming of the UK legal system

5. Assess the source of law in Vietnamese or another local law system

6. Distinguish the role of Parliament and the role Government in law-making

7. Process to making law of UK Parliament

1. UK court structure:
8. Court structure & Facts/ Backgrounds of the case:

III. CONCLUSION
 I. INTRODUCTION:
The research would look into the details of the UK judicial system and how it differs from that of Vietnam. The
research will discuss the various legal sources, including case law, statute law, and codified law. The report's
second goal is to show how a judge uses law in resolving legal cases by focusing on one case/legal action that
has previously been settled in the United Kingdom. Finally, it describes how the court applies the law to the
issues mentioned.

II. BODY:
1. sources of law:

- According to Martin Partington (2017), law is "a set of rules for controlling human behavior that are
imposed and carried out among the members of a given state in order for the state to function."

2. Function of law in general:

+ The adjustment function:

- Laws are intended to govern social interactions. The law recognizes the most important social
relations in society; on the other hand, it guarantees that social ties grow. As a result, the law has
provided "order" for social connections, allowing social interactions to evolve in a certain direction
in line with the ruling class's desire and the rule of law.

+ The protection function:

- a mechanism for ensuring the safety of the social relationships it governs. When laws are broken,
competent state authorities will use the sanctions department's punitive measures against the
violators. Subjects that break the law are subject to a variety of legal rules.
 + The educational function:

- achieved by the law's influence on people's awareness, causing them to act in line with legal
standards. Education can be achieved by advertising through the media and, in some cases, by
dealing with offenders.

+ communication function:

- Legal information is one of the types of social information that is both mandatory and regulated.
The State's perspective on behavior that demands permitted or forbidden activity is
communicated to participants in social connections. Citizens are informed, whether individually or
collectively, on the techniques and tactics for obtaining the desired goals, as well as the penalties
of breaking the rules and regulations.

+ Employment laws:

- Both employers and employees are protected under UK employment legislation. These laws protect
workers while also protecting employers' interests. They include topics such as dismissal, holidays,
wages, discrimination, and more. Labor laws' major functions are to ensure equality of opportunity and
compensation, employees' physical and mental well-being and safety, and employment rights.
Making Equal Equal labour force participation and equitable treatment of
Opportunity Available employees are the goals of federal labor legislation. Federal labor
regulations include Title VII of the 1964 Civil Rights Act and the
Americans with Disabilities Act of 1990.
Maintaining Pay Equity Employers are banned from creating distinct pay scales or using
different compensation systems based on an employee's gender if
they are doing job tasks that are similar in nature, have equivalent
responsibilities, and demand equal effort, according to the Equal
Wage Act (1963).
The Right to Organised The Taft-Hartley Act, passed in 1947, equalized the privileges that the
Protest Wagner Act safeguarded when it was passed in 1935. Employees
could not be coerced to participate in organized labor, and job
discrimination based on unionisation was illegal.

+ Tort law:
- A tort is a civil wrong committed by a 'tortfeasor' that causes loss or injury to another person in an unfair
manner. A tort distinguishes itself from two other types of law: criminal and contract law, and is handled
by civil courts.

Tort law's primary function is to recompense people for losses or injuries they have sustained. Tort
law also deters and prohibits behaviour that is socially undesirable or damaging. It upholds some core
principles and establishes accountability norms. The tort law, it may be claimed, serves a range of
goals rather than a single one. Responsibility in various torts is based on a specific foundation that
shifts and distributes loss from one person to another.
 + Criminal law:

- The Code's mission is to safeguard the country's national security, the socialist system, human rights,
citizens' rights, and the right to equal protection for people of all ethnic groups. The important role of
the Criminal law

Protect the socialist regime, the people's mastery, ethnic minorities' equal rights, the State's interests,
citizens' legitimate rights and interests, and organizations' legitimate rights and interests, and
protection. safeguard the socialist legal order while also contributing to the preservation of world
peace and security
The objective of the Penal Code is to deter crime by prohibiting individuals who have committed
crimes from committing future crimes through trial and punishment, as well as other coercive
methods. Crime is combated in two ways: by preventing other members of society from committing
crimes and by imposing criminal sanctions (penalties) if they do.
Educating all residents in order to instill a feeling of respect for the law and to encourage them to
actively participate in the battle against crime. The goal of criminal law is to preserve the rights of
individuals, society, and the state by threatening to punish those who violate these rights. It also seeks
to deter other members of society by imposing penalties and other coercive measures on offenders
(private prevention) (general prevention).

3. Case law and Statue law:

- The common law and statutory legal systems are the two main types of legislative systems. The common
law is a corpus of unwritten law based on legislative precedent established by courts. There are roughly
150 nations with dominant civil law systems, and about 80 countries with common law systems.
Vietnam, for example, follows statutory law, whereas the United Kingdom follows jurisprudence or
common law (BTEC, 2020).
- In the legal system, judges have two separate roles: one is to establish the facts of the case and enforce
relevant legal requirements, and the other is to determine the matter. The choices of lawmakers and
jurists who write and interpret laws are more significant in defining laws than the opinions of judges.
Countries with civil law systems have extensive and frequently changed legal codes outlining all topics
that can be brought before a court, ongoing trials, and punishments for each offense.
Statutory Law

-
The law changes as a result of fresh Various government agencies problem
Development of new
decisions issued by judges in courts. new legislation.
legislation
Level of Operation formalized Contentious
Also referred to as case law Written law
 Essence Informative Normative

Origin court decision or Judicial The government or the legislative

power

Comparison chart of Common law and Statutory law( Diffen, 2020)

- Determining the common law in a particular case is a technique that begins with a review of the study,
the location of the previous procedure and the extraction of claims, and ends with the determination of
the applicable common law. Common law is implemented on a regular basis without splintering society
or overburdening the state. Higher court decisions are binding on lower courts and earlier cases, while
statutory laws are enacted by the governments of a state or country and must be codified and included
in the Law Code (Diffen, 2020).

 Criminal Law and Civil Law:

- Criminal law and civil law are two legislative bodies that seek to prohibit or punish significant crimes or
to reward victims of those violations. Civil law resolves and compensates for disputes relating to the rights
and responsibilities of the parties interacting with each other. Criminal law, on the other hand, deals with
criminal control, which usually results in sanctions (BTEC, 2020).

Civil Law Criminal Law

The jury determined whether the accused

Decision The defendant can be held was convicted or not guilty.
responsible or irresponsible, the
judge decides.
Injuries or damages may be Defendants who are found guilty face
either custodial (prison) or non-custodial
compensated, or a nuisance injunction
Punishment type penalties (fines or community service). In
may be issued. extreme circumstances, the death
sentence may be imposed.

Negligence, breach of contract, homicide, Robbery, abuse, battery, and

Examples rape, and other civil wrongs are the most
murder charges are all on the rise.
prevalent.

Table comparing civil and criminal law

In Vietnam, there are two legal systems: civil law and criminal law. In civil law, the losing party is obligated to
compensate the victim for the losses incurred as a result of his acts, which are referred to as criminal losses. A
punishment of VND 1 to 3 million may be levied if a person is married but lives or marries another person, such
 as husband and wife (Vietnamese law, 2018). Whereas criminal law would address concerns like
endangering or endangering the victim's health by up to 11 percent or more, they may choose more severe
punishments like incarceration.

4. Analyze the development and recent reforming of the UK legal system:

Britain and Wales share a bound together court framework, based on common law standards, which begun in
medieval Britain. Scotland and Northern Ireland each have their claim legal systems. The court framework in
Northern Ireland closely takes after that of Britain and Ridges, whereas the Scottish court framework could be a
crossover demonstrate that combines components of both common and law and gracious law frameworks.

+ Advantages:

Unforeseen Situations Common law will refer to occurrences, truths, and circumstances that were
not anticipated or predicted by the council, just as it does to the particulars.
It is impossible for Parliament to govern over every situations, conditions, or
activities that may occur in a community. In real life, common law may
produce and analyze reactions to events (Dahl, 2019).

Speed and Efficiency Common law is more flexible, faster, more responsive than parliamentary
law. Common law frequently adapts and reacts swiftly to community
demand, changing social norms, and so forth. Because the courts are not
constrained by procedural or political constraints, they can effect legal
change more quickly. Regulation legislation alter bodies or parliament for a
long period so that courts and judges can determine on alter require while
still examining one case.

Consistency The teaching of point of reference is critical since it gives consistency and
steadiness within the legitimate framework. The parties included in hearings
and trials can get it that choices made are based exclusively on point of
reference and not self-assertive judgment or individual sees. Senior judges
in higher courts are the ones that create points of reference, which loans
them encounter.

+ Disadvantages:
reactive, not proactive Unlike Parliament, the courts are largely oblivious to the situation in the
future. Courts make decisions as in private cases that have been before
them for some time. They create standards that are valid as they are in
certain circumstances.

can be overridden by Parliament can order enactment to adjust a common-law standard, as long
legislation enacted by as the enactment compliance with Namibia's Structure. In spite of the fact
Parliament that statute law is less unsurprising than common law, it is basic for
Parliament – which is responsible to the individuals – to have the specialist
to alter common law standards that don't speak to well known conclusion.

less accessible to the Common law is the item of court choices made totally different cases over
public than statute law long time periods. Individuals regularly need to counsel legitimate
professionals to get it what the common law says almost a particular point.
Common law rules on particular issues can be harder for individuals of the
open to find and get it.

 The reforming of UK legal system:

- The common law lawful framework is regularly based on the display state of the country in arrange to
supply extra laws to help citizens. For illustration, unused laws were pushed into the year 2020 owing to
the scourge. Citizens can advantage from twofold or triple coating, as well as vitality proficient warming
and separator controls (Filcher, 2020).

- In differentiate, the law framework framework utilized in Vietnam would regularly adjust existing rules to
keep up with societal changes, as appropriate. But, within the conclusion, both lawful frameworks have
the same objective in intellect: to form their occupants upbeat.

5. Assess the source of law in Vietnamese or another local law system:

 - The legitimate framework of Vietnam has all the characteristics of a gracious law convention, which is
basically based on the composed law. ... Within the Vietnamese law framework, there are different
legitimate branches, as takes after: Department of Protected Laws. Department of Regulatory Laws.

- Status law, in differentiate to case law, is all-inclusive and open to the open. This gives get to and
fundamental understanding of the law for those who live there. It gives a set of laws with clear, solid,
and dependable legitimate alternatives. Each choice made by a judge ought to be based on laws passed
by Parliament already.

- Agreeing to Koch (2004), the perfect opportunity for judges to listen cases might take an awfully long
time since the made common collection of laws is theoretical and surprising. The framework's laws are
still hazy and inclined to cover enactment. It takes a long time to investigate, audit, and receive modern
enactment in society. As a result, certain obsolete law has now terminated and is not in impact.

 The reforming of Vietnamese legal system :

- Comparison between the retirement age controlled in Labor Code of Vietnam in 2012 and 2021.

Description of comparison 2012 Labor Code 2021 Labor Code

The scope of the application and
the subjects covered have been
broadened.
Vietnamese laborers, word Employees who are not involved
related internship or in industrial relations
apprenticeship specialists or
other specialists endorsed in this
Code
 Remote laborers working in
Vietnam

Other entities and persons

Differences in industrial
relations arise
directly involved in industrial
relations
To assist establish peaceful,
stable, and progressive
industrial relations, trade unions
and employee representative
groups collaborate with
governmental agencies. They
supervise the execution of labor
laws and defend employees' and
employers' legal rights and
interests
The Vietnam Chamber of
Commerce and Industry, the
Vietnam Agreeable Union, and
other employer-representative
organizations set up beneath law
might speak to and secure
employers' authentic rights and
interface, as well as take part
within the improvement of
dynamic, concordant...

Industrial relations are formed

NEW REGULATIONS FOR
EMPLOYEES: Electronic form of
employment contracts is
considered as paper form
thereof
via the protection of reciprocal
rights and interests, as well as
through talks or agreements
based on the values of
volunteering, good faith,
fairness, collaboration, and
mutual respect
Article 15 stipulates the
following provisions: "A work
agreement is an agreement
between a worker and an
entrepreneur regarding paid
employment, working
conditions, as well as the rights
and obligations of each party in
industrial relations".
Employees are better protected
under new employment
agreement rules set forth in
current legal code:
- Clause 1: Employment new
contracts in electronic form
have same legal effect as all
those signed in paper form.
- Clause 2: "Employers must
engage into work contracts with
employees before employing
and putting them."

- This show that Vietnam's legal system is constantly developing and adapting in order to quickly resolve
societal issues. This shows the government's care for people's lives as well as how effective it is to
regulate social order. As a result, we can observe that Vietnam's justice system is still being improved
and developed to become more modern and effective.

6. Distinguish the role of Parliament and the role Government in law-making :

  The role of Parliament and Government in law-making:

Source: BTEC, 2020

- The distribution of power in a democracy aims to prevent misuse of authority and to promote equality
for all (Parliament of the Austrian Republic, n.d.). The power structure separates the state's role into
three branches: legislative, executive, and judiciary. These responsibilities are allocated to different
entities so that one can review the other.

- Parliaments around the world have three main purposes: representing the interests of citizens, passing
laws, and monitoring government actions. They serve as legislators because, in addition to introducing
laws, they also have the power to amend, accept, or reject laws made by the government.

- The Public authority is the nation's top leader body, answerable for doing the nation's tasks and
answering to Congress (Constitution in VN, 2013). The public authority is likewise accountable for
drafting administrative proposition prior to submitting them to the Public Get together for thought. On
the off chance that another idea is affirmed and turned into a law, the public authority will address it to
an enormous number of people in the district (Lapphap, 2020).

- Parliament's primary obligations are to address individuals, make laws that administer the nation, screen
the public authority's tasks, and approve the conveyance of public monies to the public authority (New
Zealand Parliament, 2011).

7. Process to making law of UK Parliament:

 The law-making process in England and Wales(2020)

- In the UK, a law begins with an 'impeachment', which is a recommendation that someone believes would
make a decent law, by the public authority or an ordinary person in parliament. The bill can start
regularly with presentation in the center or in the ruling house, but it must go through these two
chambers after it has been fully presented in Diagram 2.5. Then at that point it is sent by the sovereign
for imperial approval, which requires the official support of the ruler, which is trusted last.

- The head of state is the ruler (not the president) whose duties, duties and powers are set out in the
program. Proof of this is that the ruler is politically impartial. Laws are enacted by passing the decree of
Parliament, which consists of the "ruler", directly by the individuals and the executive is usually a person
from this house (Oxford LibGuides, n.d.).

- As indicated by Umney(2016), when the Public authority presents a bill to Parliament, it should pass
every one of the three understanding stages, just as the advisory group and report stages, before each
House concurs on it. In the event that the bill is endorsed by the Imperial Consent, it will end up being a
law of Parliament (the Queen).

8. Court structure & Facts/ Backgrounds of the case:

 Court structure:

- The UK Official courtroom structure is perplexing and – in parts – disappointing, since it has developed
more than 1,000 years as opposed to being worked without any preparation, which are administered by
 the legal executive which is altogether autonomous from the Parliament (Courts and Councils Legal
executive UK, n.d.).

- There are six types of courts in use in the United Kingdom, The Court of Appeal, the High Court, the
Crown Court, the County Court, and the magistrates' courts are administered by Her Majesty's Courts
and Tribunals Service, an executive agency of the Ministry of Justice.

Courts of England and Wales

- The Assembled Realm doesn't have a solitary bound together overall set of laws—Britain and Grains has
one framework, Scotland another, and Northern Ireland a third. There are exemptions for this standard;
for instance in movement law, the Refuge and Migration Council's locale covers the entire of the Unified
Realm, while in business law there is a solitary arrangement of work courts for Britain, Grains, and
Scotland however not Northern Ireland. Moreover, the Tactical Court Administration has purview over
all individuals from the military of the Unified Realm corresponding to offenses against military law.

 Facts/ Backgrounds of the case:

Barber v. Superior Court in 1983 (Casebriefs, n.d.)

Brief summary of events. The defendants, Robert Nejdl, M.D., and Neil Barber, M.D., were charged with murder
after removing a patient, Clarence Herbert, from the intensive care facility. The patient's family demanded his
amputation and the defendants believed that Mr. Herbert would never recover.

Summary of Law and order. A doctor has no obligation to proceed with treatment whenever it has ended up
being incapable.

Realities. The Respondents, two specialists, effectively finished a procedure on Mr. Herbert. While in the
recuperation room, Mr. Herbert experienced a cardio-respiratory capture. He was restored and promptly
positioned in a coma hardware. Throughout the following not many days, not really set in stone that Mr.
Herbert was in a profoundly senseless state and improbable to recuperate. A few tests and assessments by
experts uncovered that Mr. Herbert had experienced serious mind harm, leaving him in a vegetative state,
which was probably going to be extremely durable. His family chose to have him eliminated from all life-
supporting gear, and the Respondents respected said demand. Respondents were from that point accused of
homicide

Issue. Are the Defendants liable for murder for removing a patient from life-sustaining treatment when the
patient is in an indefinite vegetative state?

Held. No

"Unless there is a legal responsibility to act, there is no criminal culpability for failing to act." As a result of
cardio-respiratory arrest, a patient suffered permanent brain injury. The patient is expected to stay in a
 vegetative condition, according to experts. The physicians were just discontinuing unsuccessful
treatment when they disconnected the patient from all equipment that kept him alive.

Argument. Doctors do not commit murder by stopping life-sustaining treatment of a patient whose vegetative
state is uncertain and who does not have a will or other instrument to indicate the abductor's objections.

III. CONCLUSION:

- In summary, this paper discusses several sources of law, the role of the government in lawmaking, and
how statute and common law are implemented in the justice courts, as well as key concepts of the UK
legal system. Through this research, I believe that businesses can have a sense of the importance of the
court system and how it operates in the United Kingdom. As a result, the organization can be
meticulously equipped to present the following industrial collaboration.

REFERENCE:

BBC, 2019, How are UK laws made?. Available at:

https://www.bbc.co.uk/newsround/47029982?fbclid=IwAR190Ao-
mlpCKNLYPa_S2BVkwUjStdc J9y6XD_LLQ_gvEc0zi40WxBu1BY [Accessed on October 23, 2021].
BerkeleyLaw, n.d., The Common Law and Civil Law Traditions. Available at:
https://www.law.berkeley.edu/wp content/uploads/2017/11/CommonLawCivilLawTraditions.pdf [Accessed
on October 23, 2021]. Black, H. C., Nolan, J. R., Nolan-Haley, J. M., Connolly, M. J., Hicks, S. C. and Alibrandi,
M. N., 1990, Black’s Law Dictionary, 6th edn., St. Paul, Minn: West Publishing Co. Casebriefs, n.d., Barber v.
Superior Court. Available at: https://www.casebriefs.com/blog/law/criminal law/criminal-law-keyed-to-
dressler/actus-reus/barber-v-superior-court/ [Accessed on January 21, 2021]. Courts and Tribunals Judiciary
UK, n.d., Structure of the courts & tribunal system. Available at: https://www.judiciary.uk/about-the-
judiciary/the-justice-system/court-structure/ [Accessed on October 24, 2021].

Function of Law. Available at:

https://www.abyssinialaw.com/study-on-line/item/480-functions-of-law /[Accessed on October 28 , 2021].

Diffen, n.d., The Difference Between Common Law and Statutory Law. Available at:
https://www.lac.org.na/projects/grap/Pdf/Law_4-Common_Law.pdf [Accessed on October 24, 2021].
 Grand Canyon University, 2019, 3 Differences between Civil Law and Criminal Law. Available at:
https://www.gcu.edu/blog/criminal-justice-government-and-public-administration/3-differences-
between-civil- law-
and#:~:text=Criminal%20law%20cases%20are%20only,with%20other%20individuals%20or%20organizatio
ns. [Accessed on October 28, 2021].