Learners name and statement of authenticity

2013

Learners name:.. Learners ID:.... Date handed in:..

Unit 25: English Legal System

I certify that the work submitted for this assignment is my own. Materials taken from other sources have been duly credited and acknowledged in the bibliography. Signature: Date:

Module Instructor: A S M Sayem Uddin Khondoker

HND BUSINESS

Submission deadline: 08/01/2014

Email: sayemhasib@yahoo.co.uk

Edexcel BTEC

English Legal System

Module started: 30/09/2013

Assignment Reference:

HND in Business

Unit 25

Level 5

Unit 25: English Legal System

2013

Learning outcomes and assessment criteria Major learning outcomes (LO) LO 1 LO 2 LO 3 LO 4

1. Investigate the civil and criminal courts, their structure, operation and alternative methods of dispute resolution. 1. Identify sources of legal advice and funding, including the roles of different legal personnel. Explore the relevant importance of the different sources of law, together with rules of interpretation 1. Investigate legal personality with emphasis on business entities.

Assessment criteria matched against learning outcomes Pass requirement: To attain a PASS grade, learners need to achieve all the PASS criteria (P).

LO1: Investigate the civil and criminal courts, their structure, operation and alternative methods of dispute resolution.

ACP 1.1: Understand the differences between criminal and civil law ACP 1.2: Identify the role of individual courts and assess their effectiveness within the court structure ACP 1.3: Apply knowledge of court roles to live case/case study material and present findings ACP 1.4: Explain the meaning of ADR and assess its usefulness.

LO2: Identify sources of legal advice and funding, including the roles of different legal personnel ACP 2.1: Identify sources of legal advice ACP 2.1: Assess implications of changes in funding ACP 2.3: Understand and assess the role of solicitors, barristers and judges

HND in Business

Unit 25: English Legal System

2013

LO3: Explore the relevant importance of the different sources of law, together with rules of interpretation ACP 3.1: Understand the current day importance of the sources of law ACP 3.2: Apply knowledge of the sources of law to a case study and present findings ACP 3.3: Assess the effectiveness of the rules of interpretation

LO4: Investigate legal personality with emphasis on business entities ACP 4.1: Evaluate the legal principles which can influence choice of business entity ACP 4.2: Assess the difference with regard to management of partnerships and companies.

Merit requirement: In addition to fulfilling the Pass requirement, a learner can be awarded a Merit subject to the achievement of the following conditions: Demonstration of good strategies to find appropriate solutions. Valid and reasonable judgments are made on the financial results (M1). Use of appropriate methods and techniques (M2). Calculations are done using the MS Excel and presentations should have a professional look Proper presentation and communication of thorough understanding and interpretations of the results and decisions. Distinction requirement: In addition to fulfilling the Merit requirement, a learner can be awarded a Distinction subject to the achievement of the following conditions: Demonstration of critical reflection of the themes and issues in questions (D1). Original contribution through using proper wording and justification of the decisions reached. Possible recommendations are added and bring current issues from UK corporate scenario (D2). Demonstration of convincing approach and creative thinking and sufficient engagement into the issues under consideration. Very well drafted and exemplary analysis with maximum cohesiveness and coherence.

HND in Business

Unit 25: English Legal System

2013

Assignment Scenario
September December 2013 In order to enrich your experiences, you recently decided to work in a voluntary organisation. You consequently applied for the position of voluntary advisor in the Citizen Advice Bureau (CAB), a renowned charity providing general legal advice throughout the UK. After a successful interview, CAB has now given you the opportunity to work with them. CAB has clients from different areas of the society with diverse legal problems. The charity is highly committed to its clients and doesnt compromise with the standard of its service. As a novice advisor you are specifically assigned to see clients and handle their basic legal queri es according to the existing laws and procedures of the UK. Accordingly, you have come across a number of scenarios/tasks designed to ensure that you have met all the learning outcome targets.

Task 1: Structure and operation of the civil and criminal courts; alternative methods of dispute resolution. Q1.1: John, who had been drinking alcohol in a pub, lit a cigar. Nick was annoyed by the smoke and told John to put it out immediately. Humiliated by Nicks words, John started pushing and shoving him and causing him to fall over. John became very frightened. He visits you in CAB offices and wishes to know, (1) What kind of wrong has he committed (civil or criminal)? (2) Which court will try the matter? (3) How many types of people will be involved in the court hearing and what will be their roles? (3) If he is unhappy with the sentence given by court, where will he make an appeal and what will be the structure of that appellate court? (225 words)

Q1.2 Briefly explain the role of individual civil and criminal courts operation in the United Kingdom? (200 words)

HND in Business

Unit 25: English Legal System

2013

Q1.3 Bogdan bought a washing machine from a local shop for 4,500. When he tried to operate the machine he found out a significant defect in it. Bogdan asks you to advise him: (1) With which court shall he lodge the claim? (2) What would be the nature of his claim (civil or criminal)? (2) Is there anything he has to do before taking the court action? (3) If he is not happy with the courts decision, what are the procedures to make an appeal? (175 words) Q1.4 Zidans neighbour has been causing damage to his property for many months. At one point Zidane was considering a court case against his neighbour. Although he has given up on the idea of going to court, he wants to know what alternative options are available to him to resolve the disputes and what would be the advantages and disadvantages of those alternative methods. (200 words)

Task 2: Sources of Legal advice and funding; Roles of different legal personnel

Q2.1 Joe is in Police custody and does not know of a local solicitor. How can he access legal advice? What are the relevant procedures? If Joe wants have the same kind of legal assistance in court, what eligibility criteria has Joe to meet? (175 words) Q2.2 Ken was injured in a road accident caused by a negligent driver. He has heard a lot about no win, no fee cases from his friends. He wants to know what are the current provisions regarding conditional fees. (200 words)

HND in Business

Unit 25: English Legal System

2013

Q2.3 Discuss what are the training requirements and roles of Solicitors and Barristers in the UK (150 words) Task 3: Sources of law and rules of interpretation Q3.1 Illustrate how judicial precedent plays a key role in the running of the English Legal System. Give examples from some landmark cases. (175 words) Q3.2 Section 1 (1) of the Street Offences Act 1959 states: It shall be an offence for a common prostitute to loiter or solicit in a public street or public place for the purpose of prostitution. Using your knowledge of the rules of statutory interpretation discuss whether Tania could be found guilty if she solicits sex in the car park of a pub? (150 words) Q3.3 Briefly evaluate the advantages and disadvantages of different rules of statutory interpretation. (200 words) Task 4: Business entities and relevant legal provisions Q4.1 Gloria is planning to open a small convenience shop in her locality. She is unsure about the meaning of sole traders, partnerships and companies. She wants you to explain the advantages and disadvantages of each of these business entities so that she can chose the right option. Advise her. (200 words) Q4.2 Gloria is also concerned as to her prospective rights and duties as a partner/director of the business entity. Discuss her concerns. (150 words) ---End of assignment--HND in Business 6

Unit 25: English Legal System

2013

Materials for reading and consulting:

Textbooks

Darbyshire P Nutshells English Legal System (Sweet & Maxwell, March 2001) ISBN: 0421742801 Elliot and Quinn English Legal System (Longman, April 2002) ISBN: 0582473136 Ingman T The English Legal Process (Blackstone, August 2000) ISBN: 1841740284 Martin J English Legal System (Hodder & Stoughton Educational, June 2002) ISBN: 0340848545 Slapper and Kelly English Legal System (Cavendish, August 2001) ISBN: 1859416578 Smith and Keenan Advanced Business Law (Prentice Hall, January 2000) ISBN: 027364601X Stychin C Legal Method: Text and Materials (Sweet & Maxwell, April 1999) ISBN: 0421634707
Resources:

Learners should have access to a learning resource centre with a good range of legal text and case books. These should be supported by journal, statutes and law reports. Good newspapers are also necessary because of the topical nature of law. Learners will also benefit from visits to courts, and parliament. Crown courts are usually excellent in arranging tours, and talks by resident judges. Magistrates, solicitors and barristers are usually willing to talk collectively to groups of learners.

HND in Business

Unit 25: English Legal System

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Word Count Learners must state the exact number of words they have used on the assignment submission form and comply with the word count of 3,000 with a margin of +/- 10%. However, please note that the calculations, tables, bibliography and appendices are excluded from word counts.

Plagiarism and collusion Any act of plagiarism and collusion will be seriously dealt with according to the Edexcel plagiarism policy. Basically, plagiarism occurs when excerpts, ideas, passages taken from other sources are not properly acknowledged and referenced both in the body of the text and in reference. It is the learner s responsibility to ensure that they understand all Edexcel guidelines with regards to plagiarism and what Edexcel considers to be an academic offence. Collusion can be understood as the submission of works produced in collaboration for an assignment based on the assessment of individual work. It is a severe academic offence to share a learners work with others who submit a part or the whole of it as their own work. The College has mechanisms in place to detect plagiarism and collusion. Learners must sign the declaration on the front of the assignment submission form. Submission Guidance and Policies for Edexcel Students This is an individual assignment. All parts of the assignment are required to be presented in a professional format, MS Word processed with full citation and references following Harvard system. Brit College strongly advises the learners to follow the guidance below: Brit College prefers Times New Roman 12 or Arial 11 in the body of the text. An assignment cover sheet and a receipt must be attached along with each submitted assignment. All assignments must have clear headings and sub-headings where necessary. Make sure you state the word count on the title page. Assignments must be printed in black and white.

Late Submission and Resubmission Assignments will not be accepted for assessment by lecturers unless an extenuating circumstances form has been filled in and duly authorized by a member of staff. Students will receive the feedback form and guidance from the lecturer to improve in the areas of their weaknesses on their first submission. Please note that assignments can be re-submitted
HND in Business 8

Unit 25: English Legal System

2013

only once. A resubmitted assignment will be awarded a failed grade should it not meet the required pass grade marks and results in retaking the module. Please note that a resubmitted assignment will earn a maximum pass grade should it sufficiently meet the required criteria. A fine may also apply in case of resubmission.

Extensions and Extra-ordinary Circumstances Extensions are only granted for documented medical reasons and/or other documented serious interruptions relevant to your ability to study. Please note that extensions are not allowed due to your inability to organize your work. Should there be any extra-ordinary circumstances, the College should be made aware of this in writing. The college preserves the right not to accept or mark the assignment in case you failed to inform it in time.

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9 this assignment will normally be available for students four weeks after the submission date.