BTEC Level 5 HND Diploma in Business

ASSIGNMENT 1

Business Law

STUDENT’S NAME : Le Ngo Nguyet Ao

CLASS : BS-BI-18011

ASSESSOR NAME : Mr. Nguyen Chi Thang

Content :
LO1 Explain the basic nature of the legal system

P1 Explain different sources of law and laws that organizations must comply with.

P2 Explain the role of government in law-making and how statutory and common
law is applied in the justice courts.

M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments

D1. Provide a coherent and critical evaluation of the legal system and law, with
evidence drawn from a range of different relevant examples to support
judgments.

LO1 Explain the basic nature of the legal system:

P1 Explain different sources of law and laws that organizations must comply with.
⦽ Introduce briefly the name, nationality, partners of the company, branch in UK and business
filed. The source of the information of the company needs to be cited as evidence. The company
may be already in fact located in UK in form of a head quarter or a branch or a representative
office.

Robert Bosch GmbH or Bosch, is a world leading multinational engineering and electronics
company headquartered in Gerlingen, near Stuttgart, Germany. The company was founded by
Robert Bosch in Stuttgart in 1886.Type GmbH (Private company)

Products : Automotive parts, power tools, security systems, home appliance, engineering,
electronics, motorized bicycle motors

Revenue Increase €78.0 billion (2017)[1]

Operating income Increase €5.3 billion (2017)[1]

Net income Increase €4.1 billion (2017)[* 1]

Total assets Increase €83.87 billion (2017)[* 1]

Total equity Increase €36.08 billion (2016)[* 1]

Owner Robert Bosch Stiftung (92%)[2]

Number of employees 400,500 (31 December 2017)[1]

Subsidiaries BOSCH Ltd.

Website bosch.com
 ⦽ Explain different source of law: case law (from common law) and statutory law. And,
point out how different they are with respect to who creates and what is the function.

There are two types of laws, that are adopted in many countries, namely common law and
statutory law. The common law implies the law that emerges from new decisions made by the
judges, courts and tribunals.On the other hand, the statutory law means a formal written law,
that the legislature adopts as a statute.

Comparison Chart:

BASIS FOR COMPARISON COMMON LAW STATUTORY LAW

Meaning The law that emerges out of Statutory law is the system of principles
judicial decisions is called and rules of law put forth by the
common law. statute.

Alternately Case law Legislation

known as

Nature Instructive Prescriptive

Based on Recorded judicial precedent. Statutes enforced by legislature.

Operational Procedural Substantive

level

Amendment Amended by statutory law Amended by a separate statute

Key Differences Between Common Law and Statutory Law

The difference between common law and statutory law can be drawn clearly on the following
premises:

Common law or otherwise known as case law is a legal system in which decision made by the
judges in the past forms as a basis for similar cases in future. On the other hand, statutory law is
a formally written law established by legislative body and regulates the behavior of the
members.
The common law instructs, what decision should be rendered in a particular case. In contrast,
the statutory law prescribes the best governing rules of the society.
Common law relies on the recorded judicial precedent, meaning that the judges will take into
account the relevant facts and evidences of the case but also look for prior decisions made by
the court in similar cases in the past. As against, statutory law is based on the statutes enacted
and imposed by the legislative body of the country.
Common law is a procedural law, such that it comprises the set of rules that regulates the court
proceedings in various lawsuit. On the contrary, statutory law is substantive in nature, in the
sense that it states the rights and duties of the citizens, along with punishment for non-
compliance of rules.
Common law can be amended by statutory law, whereas to amend the statutory law, a
separate statute must be established.

⦽ Explain the law your company must comply with (both of common law or statutory law):

Land - Housing - Investment - Construction:

- The Law on Housing of Vietnam

- The Construction Law of Vietnam

Tax Law - Trade - Enterprise - Accounting

- Law on Value Added Tax

- Law on Enterprise Income Tax

Civil, Administrative, Family Marriage

- The Law on Administrative Procedures

- Law on handling administrative violations

P2 Explain the role of government in law-making and how statutory and common law is
applied in the justice courts.

⦽ Explain the role of government in law- making refers to the function of the Parliament in UK,
which is to produce the statutory law and the procedure of creating law of the Parliament.

Parliaments worldwide perform three core functions: to represent citizens interests, to pass
laws and to monitor the actions of the government. They perform a legislative function
because, in addition to introducing legislation on their own, they have the power to amend,
approve or reject government draft laws. This function is strongly linked to the representation
function in that it is through the will of the people that the parliament receives its authority in
democratic countries

In presidential systems, individual MPs have a greater opportunity to produce draft laws before
they are reviewed, amended and passed. Some hybrid systems have developed other methods
of developing draft laws, including providing authority to parliamentary committees to develop
and introduce draft laws and, in rare cases, some parliaments allow citizen initiatives to
introduce draft laws for debate.

In most parliaments with permanent committees, proposed legislation is introduced formally

on the floor of the house, and then referred to one or more committees with jurisdiction over
the legislation. Westminster systems typically hold draft laws on the floor for a second reading
and a debate and vote on the draft law "in principle". After this, draft laws are referred to
committees where committee members typically work on technical details and amendments.

If the parliament has two houses, draft laws may move through each house simultaneously, or
through the houses consecutively. Two house parliaments generally devise methods of
reconciling different versions of the draft laws.

For a parliament to be able to efficiently fulfill its legislative function, MPs must have the
capacity to read and review draft legislation and amendments in order to interpret any policy
changes and analyse proposed new rules. The staff of the parliament, especially committee
staff, need to be well trained in legal drafting and legislative review processes. Committees also
often rely on external expertise to assess the exact scope of a draft law and its consequences
from diverse perspectives (for example legal, social, economic or environmental). This external
expertise can be from within respective political parties or from academia or civil society.

⦽ Choose one case which the UK court did hear and give judgment. Introduce briefly the
background or the fact, the legal issue of the case

- The fact : In 1966, the Appellant was driving his car when he saw his two younger black
cousins on the side of the road with four white boys. The Appellant’s cousins had recently
transferred to another school with reported racial problems. The Appellant stopped the car and
got out to approach the six boys. A discussion ensued and the Appellant and his cousins
decided to get back into the car and leave. Prior to getting into the car, a white boy testified
that the Appellant slapped his elbow. The Appellant stated that he merely touched the boy on
the elbow. The Appellant was charged with simple battery and requested a trial by jury. His
request was denied. The trial judge concluded the elements of simple battery were proven by
the state and found the Appellant guilty of the crime. The Appellant sought review in the
Louisiana Supreme Court, claiming the state’s denial of trial by jury was a violation of the
Constitution. The Supreme Court of Louisiana denied review.

- The fact/ background:

The Appellant, Gary Duncan (Appellant), was convicted of simple battery, a misdemeanor, in a
Louisiana district court. Under Louisiana law, jury trials are not granted in misdemeanor cases.
The Appellant claimed the state’s denial of trial by jury violated the United States Constitution
(Constitution).

- The legal issue:

Does a state law granting a jury trial only in cases where the penalty is capital punishment or
imprisonment at hard labor violate the Constitution?

Yes. The Constitution was violated when Appellant’s demand for jury trial was refused. Justice
Byron White (J. White) delivered the opinion of the Supreme Court of the United States
(Supreme Court). Trial by jury in criminal cases is fundamental to the American scheme of
justice because it works to prevent governmental oppression. Right of trial by jury in serious
criminal cases works as a defense against arbitrary law enforcement and qualifies for protection
under the Due Process clause of the Fourteenth Amendment of the constitution. There has
been debate over whether laymen can determine the facts in civil and criminal proceedings.
Critics express a concern that juries are incapable of properly understanding evidence or
determining issues of fact. However, juries do understand the evidence and come to sound
conclusions in most cases presented to them. We are not suggesting that every criminal trial
held before a judge is unfair or that a defendant may never be treated fairly by a judge. The
purpose of a right to jury trial is to reduce the possibility of judicial or prosecutorial unfairness.

⦽Explain how the courts apply UK law: Present the holding of the court for the selected case
and point out which law the court did apply to resolve the case: case law or common law

High Court

Main article: High Court of Justice

The High Court of Justice functions both as a civil court of first instance and a criminal and civil
appellate court for cases from the subordinate courts. It consists of three divisions: the Queen's
Bench, the Chancery and the Family divisions. The divisions of the High Court are not separate
courts, but have somewhat separate procedures and practices adapted to their purposes.
Although particular kinds of cases will be assigned to each division depending on their subject
matter, each division may exercise the jurisdiction of the High Court. However, beginning
proceedings in the wrong division may result in a costs penalty.

M1. Evaluate the effectiveness of the legal system in terms of recent reforms and
developments
D1. Provide a coherent and critical evaluation of the legal system and law, with evidence
drawn from a range of different relevant examples to support judgments.

Vietnam is a one-party State under the control of the Communist Party of Vietnam. Since the
Constitution 1980, the Communist Party of Vietnam has been stated to be “the force leading
the State and the society”. Just as the wording, the Communist Party of Vietnam has a central
role in shaping the country’s policy and legal system and maintains a firm control over all the
government and social system, as the wording, the Communist Party of Vietnam has a central
role in shaping the country’s policy and legal system and maintains a firm control over all the
government and social system

The economic reform, doi moi¸ originates from the Resolution of the VIth National Congress in
1986, which recognized for the first time the “multi-sectoral economy.” This gave way to the
new Constitution 1992, which stated that Vietnam would develop a “multi-component
commodity economy functioning in accordance with market mechanisms under the
management of the State and following a socialist orientation”.

Vietnam has a two-tier court system, including courts of first instances and courts of appeal.
The judgments are then susceptible to further reviews under special circumstances. The court
system consists of the Supreme People’s Court, the local People’s Courts (include the provincial
People’s Courts and the district People’s Courts), the Military Courts and other law-prescribed
courts.Under the law, Vietnamese courts render their judgments independently. However,
there are still many concerns on the independence of the courts.
References:
En.wikipedia.org. (2018). Courts of England and Wales. [online] Available at:
https://en.wikipedia.org/wiki/Courts_of_England_and_Wales [Accessed 18 Oct. 2018].

Casebriefs.com. (2018). Duncan v. Louisiana | Casebriefs - Part 2. [online] Available at:

https://www.casebriefs.com/blog/law/criminal-law/criminal-law-keyed-to-kadish/how-guilt-is-
established/duncan-v-louisiana-6/2/ [Accessed 18 Oct. 2018].

S, S. (2018). Difference Between Common Law and Statutory Law (with Comparison Chart) - Key
Differences. [online] Key Differences. Available at: https://keydifferences.com/difference-between-
common-law-and-statutory-law.html [Accessed 18 Oct. 2018].

Agora-parl.org. (2018). Parliamentary Function of Lawmaking | Agora Portal. [online] Available at:
https://agora-parl.org/resources/aoe/lawmaking [Accessed 18 Oct. 2018].