Explain what sovereignty means, give examples of why parliament is said to be sovereign
Assignment Brief
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ASSIGNMENT SECTIONS |
ASSMENT CRITERIA |
ASSIGNMENT QUESTION |
EVIDENCE TO ACHIEVE TASK |
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Section 1 |
Nature of legal systems and legislations impacting businesses
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Task 1 |
Every year the government announces its programme for legislation by way of the Queen’s Speech at the State Opening of Parliament in October or November. Therefore, it is commonly said that ‘Parliament is sovereign’. |
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1a |
LO1 |
a) Discus the meaning of the statement ‘Parliament is sovereign’ and the various sources of UK Laws |
To achieve Pass criterion (P1) - Explain what sovereignty means, give examples of why parliament is said to be sovereign. - Discuss the UK laws (statutory, common and equity) and explain the sources of these laws. |
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1b |
LO1 |
b) Explain the role of government in law-making and how statutory and common law is applied in the justice Courts |
To achieve Pass criterion (P2) Explain: - How political discussion in parliament lead to the drafting of a Bill. - The process a bill goes through in the House of Commons and in the House of Lords before going to the Queen for the Royal Assent. - How statutory and common laws are applied in the justice courts. |
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Merit |
To achieve Pass criterion (M1) Learners are expected to evaluate the effectiveness of the legal system in terms of recent reforms and developments |
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1c |
LO2 |
c) Use specific examples illustrate how a company, employment and contract law has a potential impact upon business. You could elaborate by differentiating between legislation, regulations and standards to analyse potential impacts upon business. |
To achieve Pass criterion (P3) Learners are expected to use specific requirements of employment and contract laws to; - Explain how businesses apply these laws and what are the potential impact where the law is not correctly applied or not been followed. |
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Merit |
To achieve merit criterion (M2) - Learners are expected to elaborate on the answer by explaining how legislations, regulations and standards are different using appropriate examples to show potential impact on businesses. |
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Distinction
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To achieve distinction criterion (D1) Learners are expected to provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support judgements. |
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Task 2 |
Scenario Jane, Penny and Marie have been friends from University. They established JPM Publishing as a partnership venture after graduation. After trading successfully for few years the partners are seeking extra funding for expansion. Their accountants have advised them to register the business as a limited company. They are interested in finding out how this might impact the way the business is managed.
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LO3 |
Exploring the nature and formation of different types of business, critically evaluate the differences between unincorporated and incorporated business making reference to how they are managed and funded; advantages and disadvantages of a partnership and that of a company. |
To achieve Pass criterion (P4, P5)
Learners will be expected to: - Explain and differentiate between incorporated and unincorporated businesses - Explain how such types of businesses are formed, how they are funded (raising of capital) and how they are managed.
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Merit |
To achieve merit criterion (M3)Learners are expected to assess the advantages and disadvantages of the formation of different types of business organisations. |
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Distinction
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To achieve distinction criterion (D2) - Learners are expected to critically review and evaluate various types of business organisations.
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Section 2 |
Legal solutions to business problems
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Case 1 |
A London-based company Champion Ltd was given cash payment to move from its site in North London to make way for the development of a new stadium by a premier league club. After moving, the company experienced financial problems due to a decline in its customers. The company has defaulted on numerous occasions to honour its payment to the bank for loans taken during the relocation but also to the other creditors. The creditors are threatening to apply to the courts for ‘winding up petition’. |
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Case 2 |
Mr Anderson was the CFO with Amber Ltd, with access to highly confidential information. His contract of employment specified that 12 months` notice had to be given by either side to terminate the contract. A competitor, Beta Ltd offered Mr Anderson a more attractive role as its CEO. In April 2016, Mr Anderson gave Amber notice of resignation, stating that:- "In short, the hopes and expectations I have had…have come to nothing and I have therefore reached the decision to leave. Accordingly, insofar as this is required, please accept this as the required written notice of my resignation." Mr Anderson proposed to take up Beta`s offer after a period of transitional arrangements with Amber, which he suggested should end on 31 May 2016. However, Amber objected to that proposal, relying on the requirement in Mr Anderson`s contract of employment that he should give them 12 months` notice. After further exchanges, Mr Anderson ceased working for Amber at the end of May 2016, having claimed that "In the circumstances, both in respect of the matters leading to my resignation and our subsequent dealings…, I find myself now in an untenable position in respect of my continued employment with Amber". Amber Ltd are seeking an injunction to prevent Mr Anderson from commencing employment with or providing services to Beta or any other competitor and from breaching his duties of good faith, fidelity, trust and confidence for a period of 12 months. |
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P6 |
In both cases you are to recommend appropriate legal solution to resolving the disputes using case laws or statutes to support your recommendation. |
To achieve Pass criterion (P6)
Learners are required to analyse the key issues within the cases - Identify and use case laws or statutes if appropriate - recommend legal solutions (including ADR) for resolving the disputes - Explain reasons to use alternative dispute resolutions |
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Merit |
To achieve merit criterion (M4) - Learners are expected to compare and contrast different sources of legal advice and support for dispute resolution. |
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Distinction |
To achieve distinction criterion (D3) Learners are expected to evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution. |
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Sample Answer
UK Business Law Assignment Report
Section 1: The Nature of Legal Systems and Legislations Impacting Businesses
1a. Parliament is Sovereign and Sources of UK Law (LO1 - P1)
The phrase “Parliament is sovereign” refers to the fundamental principle of the UK constitution that Parliament is the supreme legal authority. It has the power to make or repeal any law, and no other body can override or set aside its legislation. Sovereignty means that Parliament is not bound by decisions of previous Parliaments and can enact laws on any subject matter, regardless of moral or political concerns. A key example of this is the Brexit process, where the UK Parliament was able to legislate for the country’s departure from the European Union despite previous EU obligations.
There are several sources of law in the UK. Statutory law refers to legislation passed by Parliament. These are the written laws, such as Acts of Parliament. Common law is law developed through judicial decisions over time, often known as case law. It fills in gaps where no statute applies. Equity developed alongside common law to address its rigidity, introducing principles such as fairness and injunctions. These three, statutory law, common law, and equity, form the backbone of the UK legal system.
1b. The Role of Government in Law-Making and Application in Courts (LO1 - P2)
The government plays a vital role in the process of law-making. The process begins when a political issue is raised, and a minister proposes new legislation. A Bill is then drafted and introduced into Parliament, often starting in the House of Commons. The Bill goes through several readings and stages: First Reading (formal introduction), Second Reading (debate on principle), Committee Stage (detailed examination), Report Stage, and Third Reading (final version). It then moves to the House of Lords for similar scrutiny. Once both Houses agree, the Bill receives Royal Assent from the monarch and becomes law.
In UK courts, statutory law is applied directly where relevant. Judges interpret the wording of the statutes. Where no statute applies, courts turn to common law precedents. For example, in civil courts, contract law cases are often decided based on previous decisions. The application of law in courts is guided by principles such as judicial precedent (stare decisis) and statutory interpretation.
Merit (M1)
The UK legal system has undergone several reforms aimed at improving accessibility and fairness. For example, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 restricted legal aid, which had both positive and negative impacts. Recent digitalisation of court procedures has made civil justice more efficient, though digital exclusion remains a concern. Such reforms reflect the evolving nature and challenges of the legal system.
1c. Impact of Company, Employment, and Contract Law on Business (LO2 - P3)
Employment law requires businesses to comply with legal standards such as the minimum wage, health and safety, and non-discrimination. For instance, the Employment Rights Act 1996 provides employees with protections such as redundancy rights and unfair dismissal claims. If a business fails to follow these laws, it may face legal penalties and reputational damage.
Contract law ensures that agreements between businesses and other parties are legally binding and enforceable. If a business fails to meet contractual obligations, it could face claims for breach of contract, compensation, or injunctions.
Company law, such as the Companies Act 2006, regulates how companies are formed, managed, and dissolved. Businesses must comply with corporate governance standards, including proper filing of documents and transparency in operations.
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