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Explain what sovereignty means, give examples of why parliament is said to be sovereign

Answer Guideline

 

ASSIGNMENT

SECTIONS

ASSMENT CRITERIA

ASSIGNMENT QUESTION

EVIDENCE TO ACHIEVE TASK

Section 1

Nature of legal systems and legislations impacting businesses

 

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’.

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.

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.

 

Merit

To achieve Pass criterion (M1)

Learners are expected to evaluate the effectiveness of the legal system in terms of recent reforms and developments

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.

 

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.

 

Distinction

 

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.

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.

 

 

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.

 

 

Merit

To achieve merit criterion (M3)Learners are expected to assess the advantages and disadvantages of the formation of different types of business organisations.

 

Distinction

 

To achieve distinction criterion (D2)

-       Learners are expected to critically review and evaluate various types of business organisations.

 

Section 2

Legal solutions to business problems

 

 

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’.

 

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.

 

 

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

 

Merit

To achieve merit criterion (M4)

-       Learners are expected to compare and contrast different sources of legal advice and support for dispute resolution.

 

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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