Unit 7: Business Law Assignment

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Assignment Brief

Type: Essay, Report and Presentation

No. Of Words: 2000-2500

Referencing Style: Harvard

Deadline: As Per Required

 

Unit Learning Outcomes

LO1Explain the nature of the legal system

LO2 Illustrate the potential impact of the law on a business

Assignment Brief and Guidance

The law affects every aspect of our lives; it governs our conduct from the cradle to the grave and its influence even extends from before our birth to after our death. We live in a society which has developed a complex body of rules to control the activities of its members. There are laws which govern working conditions (e.g. by laying down minimum standards of health and safety), laws which regulate leisure pursuits (e.g. by banning alcohol on coaches and trains travelling to football matches), and laws which control personal relationships (e.g. by prohibiting marriage between close relatives). So, what is ‘law’ and how is it different from other kinds of rules? The law is a set of rules, enforceable by the courts, which regulate the government of the state and govern the relationship between the state and its citizens and between one citizen and another. As individuals we encounter many ‘rules’. The rules of a particular sport, such as the off-side rule in football, or the rules of a club, are designed to bring order to a particular activity. Other kinds of rule may really be social conventions, such as not speaking ill of the dead. In this case, the ‘rule’ is merely a reflection of what a community regards to be appropriate behaviour. In neither situation would we expect the rule to have the force of law and to be enforced by the courts.

It is important to remember that English law refers to the law as it applies to England and Wales. Scotland and Northern Ireland have their own distinct legal systems.

Classification of law

There are various ways in which the law may be classified; the most important are as follows:

1 Public and private law.

(a) Public law. Public law is concerned with the relationship between the state and its citizens. This comprises several specialist areas such as:

(i) Constitutional law. Constitutional law is concerned with the workings of the British constitution. It covers such matters as the position of the Crown, the composition and procedures of Parliament, the functioning of central and local government, citizenship and the civil liberties of individual citizens.

(ii) Administrative law. There has been a dramatic increase in the activities of government during the last hundred years. Schemes have been introduced to help ensure a minimum standard of living for everybody. Government agencies are involved, for example, in the provision of a state retirement pension, income support and child benefit. A large number of disputes arise from the administration of these schemes and a body of law, administrative law, has developed to deal with the complaints of individuals against the decisions of the administering agency.

(iii) Criminal law. Certain kinds of wrongdoing pose such a serious threat to the good order of society that they are considered crimes against the whole community. The criminal law makes such anti-social behaviour an offence against the state and offenders are liable to punishment. The state accepts responsibility for the detection, prosecution and punishment of offenders.

(b) Private law. Private law is primarily concerned with the rights and duties of individuals towards each other. The state’s involvement in this area of law is confined to providing a civilised method of resolving the dispute that has arisen. Thus, the legal process is begun by the aggrieved citizen and not by the state. Private law is also called civil law and is often contrasted with criminal law.

 2 Criminal and civil law.

Legal rules are generally divided into two categories: criminal and civil. It is important to understand the nature of the division because there are fundamental differences in the purpose, procedures and terminology of each branch of law.

(a) Criminal law. The criminal law is concerned with forbidding certain forms of wrongful conduct and punishing those who engage in the prohibited acts. Criminal proceedings are normally brought in the name of the Crown and are called prosecutions. In 1985 responsibility for the process of prosecution passed from the police to a newly created independent Crown Prosecution Service under the direction of the Director of Public Prosecutions (Prosecution of Offences Act 1985). It should be noted that prosecutions may also be undertaken by bodies, such as the trading standards department of the local authority, and by private individuals, e.g. a store detective prosecuting a shoplifter. In criminal cases you have a prosecutor who prosecutes a defendant in the criminal courts. The consequences of being found guilty are so serious that the standard of proof is higher than in civil cases: the allegations of criminal conduct must be proved beyond a reasonable doubt. If the prosecution is successful, the defendant is found guilty (convicted) and may be punished by the courts.

The Criminal Justice Act 2003 sets out for the first time in legislation the purposes of sentencing adult offenders, which are punishment, crime reduction, the reform and rehabilitation of offenders, and reparation. Punishments available to the court include imprisonment, fines, or community orders such as an unpaid work requirement. If the prosecution is unsuccessful, the defendant is found not guilty (acquitted). A businessperson may find themselves in breach of the criminal law under such enactments as the Companies Act 2006, the Consumer Protection from Unfair Trading Regulations 2008 and the Health and Safety at Work etc. Act 1974.

(b) Civil law. The civil law deals with the private rights and obligations which arise between individuals. The purpose of the action is to remedy the wrong that has been suffered. Enforcement of the civil law is the responsibility of the individual who has been wronged; the state’s role is to provide the procedure and the courts necessary to resolve the dispute. In civil proceedings a claimant sues a defendant in the civil courts. The claimant will be successful if he can prove his case on the balance of probabilities, i.e. the evidence weighs more in favour of the claimant than the defendant. If the claimant wins his action, the defendant is said to be liable and the court will order an appropriate remedy, such as damages (financial compensation) or an injunction (an order to do or not do something). If the claimant is not successful, the defendant is found not liable. Many of the laws affecting the businessperson are part of the civil law, especially contract, tort and property law.

You are working as a paralegal in a law firm, Nelson Solicitors, which advises new start- up companies on the legal systems and key legislation that they are required to know and apply. You have been asked to write a report onthe nature of law for new companies in order to support the business advice and guidance provided.

• Explain different sources of law and evaluate the effectiveness of the legal system in terms of recent reforms and development.
• Explain the role of government in law making and how statutory and common law is applied in the justice courts. Provide a coherent and critical evaluation of the legal system and law, with evidence drawn from a range of different relevant examples to support judgement.
• Using specific examples illustrate how company, employment and contract law has a potential upon business. Differentiate between legislation, regulations and standards to analyse potential impacts upon business.

LO3 Examine the formation of different types of business organisations

Assignment Brief and Guidance

In your role as a paralegal you have been invited to attend the Small Business Expo conference being held in London. You will be developing a report as well as PowerPoint presentation slides for your boss to present on how different types of organisations are legally formed, providing local advice and guidance to businesses.

The power point slides will consist of the following:

• Explore how different types of business organisations are legally formed. Assess the advantages and disadvantages of the formation of different types of business organisations.
• Explain how business organisations are managed and funded. Critically review and evaluate types of business organisations.

LO4 Recommend appropriate legal solutions to resolve areas of dispute

Assignment Brief and Guidance

David had a great idea for a new app, called Bookface, which allowed book enthusiasts to discuss their favourite novels.

David incorporated a new company, Start Up Pty Ltd to market the app. He was the sole director of Start Up Pty Ltd but the company had three shareholders, David and his brother and sister John and Jane. Each held one share each. John and Jane were not involved in the company other than to the extent that they contributed start-up capital and were in turn provide with shares.

Start Up Pty Ltd entered a contract with a web developer, Susan, to develop the app and paid a small deposit out of the monies contributed to Start Up Pty Ltd by John and Jane.
Susan worked day and night on the Bookface project for one month but just before completing her work saw a news story featuring David, who had sold his Bookface idea to Big Blue Co Ltd for a large undisclosed sum.

Susan tried to contact Start Up Pty Ltd but their office had been shut down. A search of the company confirms that it has no assets and Susan is unable to obtain payment for the work she has performed.

• In a form of essay, recommend legal solutions for solving a range of disputes using examples to demonstrate how a party might obtain legal advice and support. Compare and contrast different sources of legal advice and support for dispute resolution.

Evaluate the effectiveness of legal advice and support for dispute resolution.

Learning Outcomes and Assessment Criteria
Pass	Merit	Distinction
LO1 Explain the basic nature of the legal system		LO1 & 2 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 judgements.
P1 Explain different sources of law. P2 Explain the role of government in lawmaking 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.
LO2 Illustrate the potential impact of the law on a business
P3 Using specific examples illustrate how company, employment and contract law has a potential impact upon business.	M2 Differentiate between legislation, regulations and standards to analyse potential impacts upon business.
LO3 Examine the formation of different types of business organisations		D2 Critically review and evaluate types of business organisations.
P4 Explore how different types of business organisations are legally formed.   P5 Explain how business organisations are managed and funded.	M3 Assess the advantages and disadvantages of the formation of different types of business organisations.
LO4 Recommend appropriate legal solutions to resolve areas of dispute		D3 Evaluate the effectiveness of legal solutions, legal advice and support for dispute resolution.
P6 Recommend legal solutions for resolving a range of disputes using examples to demonstrate how a party might obtain legal advice and support.	M4 Compare and contrast different sources of legal advice and support for dispute resolution.