1.

"Battery" means any unlawful physical contact with another person, with or without that person's
consent. The crime that occurs is not necessarily violent, but can only be any offensive act
involving the body (..). In this case, Henry hit Denny at his birthday party, which means that
Henry had unlawful physical contact with Denny and this physical contact could be a guilty of
intentionally causing serious bodily injury and affecting Denny for some reason. There are two
types of legal action in this case. First, it was illegal for Henry to hit Denny and should be
prosecuted by the district attorney. This incident involves the "district chief" who has authority, so
this is a criminal case. According to (...) the purpose of criminal law is to maintain public order,
punish offenders and deter others. This is true in this case, the district attorney prosecuted Henry
for assault with the purpose of correcting social order, punishing Henry so as not to make
mistakes next time. Second, Denny suing Henry to court and seeking damages is a civil case.
Since this is a dispute between two individuals, Denny (who is the plaintiff) sues Henry (who is
the defendant), and the compensation that Henry has caused Denny (Denny may be injured and
have consequences later). this) is intended to correct the mistake Henry made. There are 2 ways to
deal with the consequences that are applied to these 2 cases. The first is with criminal law,
assuming Henry and Denny are 18 years old. Under the Criminal Justice Act 2003 for the first
time, the purposes of convicting adults who committed crimes were punishment, mitigating the
crime, rehabilitation and rehabilitation of the offender, and correction. Depending on the severity
of the violation, the court has several penalties including imprisonment, a fine or a community
order such as an unpaid work order. Second, In Denny's case. he will claim the money will be
successful if he can prove his case based on weighty evidence in his favor over the defendant
(Henry). If Denny wins the case, Henry is said to be liable and the court will order an appropriate
remedy, in which case Henry must pay financial damages, as requested by Denney. If Denney's
lawsuit is unsuccessful, Henry is deemed not liable.

2.
The state is divided into different departments with different responsibilities in order to function
effectively. The state of England is divided into three main branches: legislative, executive and
judicial. These three parts are carried out in the order of parliament, government, and court. In the
UK, government does not play a major role in legislation, but the role of government is clear in
the development process. To build a complete legal system in the UK, you need to follow the
process: Bill, First Reading, Second Reading, Committee Stage, Reporting Stage, Third Reading,
House of Lords, Royal assent. (British Parliament, 2021)
Bill: The government is primarily responsible for enacting laws aimed at solving social problems.
Civil society develops detailed bottom-up Bills called green papers and white papers to allow
discussion and comment. After the process of debating and negotiating the proposed policy or
legislation, a complete bill is prepared and submitted to parliament for review and approval. Bills
are divided into three types: public Bills, private Bills, and private membership Bills.
First reading: This means that the Bill was first submitted to Congress. It's time to announce the
official launch of a new bill on moderation and publication. This is also the time for the MP to
discuss the bill. The government's role is to provide guidance on some of the official comments on
the bill, which will be submitted in the near future. In addition, the bill must be introduced into
parliament by the government.
Second reading: This is an opportunity for MPs to discuss and express their views on bills and
problem areas. During this time, the government is responsible for incorporating amendments and
proposals from members of parliament into the draft.
Committee Phase: The House Committee will carry out this main phase to thoroughly review the
text and amend the bill. Deviations from the government's intentions are rejected because the
majority of the members of the committee come from the House of Commons.
Reporting Phase: This is the next phase in which the bill will be reviewed and revised. The House
of Representatives discusses and decides which parts of the bill should be changed and which
parts should be left untouched. At this point, it is the Government's responsibility to speak out to
draw conclusion, appropriate to the status quo.
Third Reading: This is the last opportunity for Congress to discuss and vote on amendments
extensively. Minor language changes are possible. If there is a majority in favor of the bill, it will
be sent to another home.
Consideration of Amendment: The Lord has amended the Bill submitted to the House of
Commons for approval by the House of Commons. Commons law may recognize, modify, or
reject it before it is primarily returned. This process is repeated several times.
Royal assent: The King or Queen will decide the form of the bill and make it an Act of
Parliament.
2.2. Sources of Law:
Legal sources are in legal form. Most UK law derives from one of two methods: legislation and
case law.
Legislation: State governments can enact statutory legislation, and local governments and cities
can enact ordinances. All of these have legislative power. Laws create laws that are the rules that
control the behavior and interaction of society. Legislators can abolish old laws that no longer
seem to serve social interests as social norms change over time. Legislators regularly create new
legislation or amend existing legislation to meet new social challenges. The legislation of a
particular jurisdiction is compiled into code, which is a collection of volumes. The laws in the
code are usually organized by subject and identified by a "section" number. (Wealth, Allen and
Wealth, 2009)
Case Law: The judiciary also drafts the law through a court known as case law. Congressmen
cannot predict how individuals or businesses will behave in the future. As a result, most
legislation is broad to cover a wide range of contingencies. The common law court within Curia
Regis (King's Council) devised the concept of jurisdiction. The general notion of legal coherence
in decision making became a stricter system that bound the precedent in the 19th century. Courts
produce jurisprudence by interpreting the law.
3. The TAFE Education Act 2002 in jurisdiction makes it an offence ‘to bring any concealed
notes, sketches, books or aids relevant to the examination into an examination room’.
3.1. Statute interpretation.
The phrase " aids relevant to the examination" is used, which is confusing. However, this is a
rather broad and general term that can be applied to many different situations. In many countries,
including the UK, each judge or lawyer has their own method of interpreting the law, however,
there are still widely accepted and applied principles of legal interpretation: letter rule; The
Golden Rule or Naughty Rule and the Purpose Approach (Rich, Allen and Ejusdem, 2009).
- Literal Rule: Under this rule, it is the duty of each judge to give the simplest and most
universally accessible interpretation of any case, even if the outcome is unexpected.
- Golden Rule: The Golden Rule was developed as an exception to the literal rule. If the case is
not clear, the court will apply the least unreasonable meaning in order to avoid an unreasonable
outcome. This principle will be applied in cases of ambiguity and ambiguity, this limitation is to
limit the falsification of the will of the legislator through the use of words.
- Mischief Rule: This rule allows judges to have full discretion. Four principles to be followed
were expressed in the case of Heydon (1584): common law preceded the Act, what was unclear in
common law that the Act did not address, the measure Congress resolved and selected. to solve,
and finally the real reason to fix. The rule requires the state to interpret the statute in a way that is
fit for purpose and ensures that any gaps or misconduct are filled.
- Purposive approach: At the EU Court of Justice, the standard is implemented. When applying a
part of EU LAW, domestic judges must use the Purposive approach. However, when the UK
leaves the EU in 2020, the strategic approach will have no impact on the UK (Oonagh E.
Fitzgerald and Eva Lein, 2018). Prior to interpreting language, this approach is intended to seek
out the goals of legislation and the intent of Parliament.
3.2. Applying rule of interpretation
a. Case of Tobey
Literal rule: Tobey has probably not breached s 22. He wasn't carrying one of the prohibited items
mentioned in the law and the radio transmitter was essentially a tool for entertainment, just used
for listening to music. Anything related to the exam getting into the exam room is an offence.
Tobey is also supported by the maxim "ejusdem generis": This rule refers to something of the
same nature. Grounds in a statute should have the same natural meaning as key phrases in Tobey's
case. However, if a generic word is followed by specific words from another category, the generic
word can be given a limited meaning from the same segment. Its meaning is limited to things that
are just notes, sketches, books => Tobey has probably not breached s 22.

b. Case of Chrisia

Literal rule: Chrisia is in violation because "note" is the form of fraud referred to in the Act even
though she is not cheating or intending to cheat.

The golden rule or the mischief rule: this case is so obvious, there's nothing ambiguity or
confusion here. Therefore, this rule may not apply in the case of Chrisia.

According to the purposive approach: Chrisia may be in violation of article 22. Considering that
the general purpose of the Act is to prevent fraud, she may have to bear the consequences of her
unintentional mistake to prevent real fraud in the future. Besides, Chrisia should check carefully
before entering the exam room, rather than waiting 30 minutes to find out.

c. Case of Loy

Literary rule: Loy has probably not breached s 22 because he didn't bring anything into the exam
room as stated in the Act.

Under the golden rule or the Mischief rule: for the overall purpose of the action, it's against the
law for Loy to be caught reading "notes" in the exam room. According to the education minister,
supervisors have stronger powers to prevent fraud when the law is enacted. The first assumption,
Demi wrote note during do the exam progress, Loy only read it out of curiosity and then gave it to
examiner immediately -> no violation. However, the second assumption, Loy reads and
remembers information related to the test -> violates article 22 of the law.

According to the purposive approach: Loy may violate article 22. The superintendent does not
care that the source of the note. They found him reading notes in the exam room, he clearly
committed cheating.

4.

Issue: Tanya has signed an apprenticeship contract for 3 years but has to practice 12 hours a day,
7 days a week so there is no time to rest. Ramona has given Tanya some constraints and
conditions and wants to extend the contract for another 3 years. When she come 17, she missed
some ballet lessons and performances since she has other job. Ramona sued Tanya for breaching
her service contract. Besides, an employment relationship between an employer and an employee
is, at its most basic level, a civil contract in which the employee undertakes to perform labor for
the employer in exchange for monetary or other benefits.

Rule:

Judging by common law, the contract of service with minors is effective, therefore, contract
between Tanya and Tamona enforceable. If that master contract benefits a minor. Those benefits
must outweigh any harsh conditions which Tanya must do. Apprenticeship contract or similar
contracts are generally considered beneficial. Like Doyle v White City Stadium (1935) A minor
enters a contract with Boxing to board an airplane, to secure a fighter pilot's license. One of the
terms of a license is that if a fighter is disqualified for a foul, he will not receive monetary for the
fight, but only exploration travel.

Application: However, the extreme rigor of the other provisions indicates that the contract as a
whole is unprofitable. It is proven through that Tanya has to practice 12 hours a day, 7 days a
week and has no time to rest -> Tanya can refuse because the contract is void. If Ramona can
prove Tanya's interests, Tanya will be bound by the contract.

Conclusion: The strict terms proposed by Ramona assume that the entire contract is not in
Tanya's favor. As a result, the contract becomes unenforceable and Tanya may refuse to perform
before the age of 19.

5.

Issue: Danesh will sue Carlos for breach of contract when the painting is not delivered on time as
agreed. On the other hand, Carlos says that contract has now failed and a new one needs to be
negotiated. The answer given is who is correct?

Rule: According to Jones (2005), “A frustrated contract” is a contract that, once formed and
through no fault of either party, is incapable of being performed due to an unforeseen incident (or
events). That, leads to agreements not being performed properly as in the original contract. The
legal consequence of a contract found to have been disappointed is that it will automatically be
terminated upon disappointment.

Application: In this case, the frustrated contract comes into effect due to the unexpected failure of
the airline that occurred after the contract was signed. The incident was not intentional by either
parties, it was an incident about a situation that two people did not anticipate when signing the
contract. Moreover, this is the first time the airline has had a serious incident. Therefore,
maintaining the terms of the contract is unfair to both parties. Carlos' obligation is still to deliver
the painting and Danesh cannot sue Carlos. Because they could not reasonably prevent the airline
delay, it was completely out of their control.

Conclusion: In short, the frustrated contract is enforced in this case. Carlos does not have to pay
100% of the costs incurred and Danesh cannot sue Carlos. They can create a contract with new
arrangements if they want (or the contract is cancelled).

6.
Issue: Maxine has been with the school for 18 years, she controls the entire course even though
the school reserves the right to change. ITB requires her to do all the work in their office (Maxine
is provided with computers and related documents) and her working hours are four days a week
from 9am to 6pm. Maxien had a written agreement that she was an independent contractor.
Finally, is she eligible for the teacher award conditions and taking a long vacation during her
years with ITB?

Rule: A contract of service is an agreement between an employer and an employee that includes
the terms and conditions of employment. The contract must include key terms of employment
(KET) and essential terms, such as working hours and scope of work. In terms of form, there are 3
types of service contracts: written contracts, oral contracts and contracts in the form of specific
actions. Such provisions must be made for legally authorized written service contracts (Adams,
Caplan and Lockwood, 2020).

A contract for service is an agreement between a business and a self-employed individual

(independent contractor). In which the business agrees to pay the individual for a limited amount
of services for which the individual has not officially become an employee.
Application:

If Maxine cannot be categorized as an employee, she is not eligible for the reward or the long-
term leave requirements. Several aspects relevant to the contract of service issue. Firstly, Maxine
actively develops and designs ITB's curriculum, but ITB has the right to change the course.
Second, ITB asked Maxine to work without hiring a substitute, they also provided her with
equipment during her work. Meanwhile, a service contract allows an independent contractor to
hire replacement worker for as long as the work is completed. Finally, Maxine does not have a
business name, she is just working as an employee of ITB.

Conclusion

Therefore, Maxine will be entitled to the award conditions and long-term leave during the
working year with ITB since she is considered an employee.

7.

Issue: Roger Flahive is a managing member of Flahive Oil & Gas LLC. This company entered
into a contract with Kaycee Land and Livestock for business purposes. Then, for environmental
reasons, Kaycee sued the LLC and found that the company had no assets (no liability). So Kaycee
sued Roger - taking personal property to be responsible. The question is, will the court "overturn
the shield" of the LLC?

Rule: "Piercing the corporate veil" is the legal term for when a court ignores a corporation's
limited liability and holds its shareholders or directors personally accountable for its deeds or
obligations. The practice of veil piercing is particularly common in small businesses.

While there may be differences in state legislation, courts frequently have a strong prejudice
against penetrating the corporate veil and will only do so in the event of serious crime. Limiting
liability company "encourages the development of public markets for stocks and helps make it
possible for investors to take advantage of the liquidity and diversification benefits these markets
offer," the courts have stated. Firms are frequently required to carry out heinous acts in order for
courts to justify penetrating the corporate veil. Misdeeds include treating the business poorly
(gov,2022).

Application: When analyzing individual culpability for an LLC's members, there is no

justification for treating an LLC differently from a corporation. However, since the LLC has no
assets, it cannot separate into a separate legal company. The LLC will be held accountable if it's
comparable to how the courts have ruled in cases involving corporations (in theory). An LLC's
members and officers will not be exempt from personal liability for the LLC's activities that affect
third parties if they fail to treat the LLC as a separate legal entity as required by law.

Conclusion: A member cannot create independent assets, this means that LLC cannot become a
legal person to be able to shoulder the burden of other members, this status does not mean that he
cannot be held liable on his behalf. Since the LLC has no assets, Roger is not exempt. He will still
be held responsible to the LLC.

8.

Taxes on corporations

The C corporation is the only business structure that is also recognized separately for tax
purposes, despite the fact that many business formations are legally regarded as separate from
their owners. This means that businesses must pay for any earnings that cannot be written off as
company expenses. Earnings retained by the business and profits distributed as dividends to
shareholders are subject to these taxes. A corporation may be able to reduce its taxable income by
deducting business expenses. This includes money spent on marketing, ongoing expenses, and
beginning fees. A business may write off employee benefits, incentives, and salaries.

A company must report all taxable income on its tax return and pay tax on it at the corporate rate
of 21%. If a business expects to owe taxes, it must calculate the amount owed and pay the IRS on
a quarterly basis. Owners and stockholders who labor for the company are compensated equally
with bonuses and receive regular wages. They are only taxed once, on each shareholder's
individual tax return, since they are tax-deductible business costs. (Taxes,2022).

LLC taxes

An LLC is regarded as a distinct legal entity from its owners, referred to as members, much like a
corporation is. However, a limited liability company and its members are the same in terms of
taxes. Like S businesses, LLCs are viewed by the IRS as pass-through entities. Actually, LLCs are
taxed in the same ways as partnerships and sole proprietorships, with all profits and losses being
distributed to the members. Members of an LLC are paid through withdrawals or distributions
from their capital accounts, which comprise each member's portion of the corporation's income, as
opposed to pay.

9.
Supreme Court: A decision made by the Supreme Court may have an impact on numerous cases
in lower courts. The Supreme Court's views of federal law and the Constitution are conclusive.
The Supreme Court has just a limited amount of power over the states. State laws and state
constitutions are not subject to its control. It has the power to decide whether state actions or laws
are in conflict with federal legislation or the US Constitution (Court,2020).

The only appeals from other courts and tribunals are heard by the Court of Appeal, which is the
highest court in the Senior Courts of England and Wales. It comprises separate criminal and civil
departments and is headquartered at the Royal Courts of Justice in London. The Lord Chief
Justice, the Master of the Rolls, the Presidents of the Queen's Bench and Family Divisions, the
Chancellor of the High Court, and the Lord or Lady Justices serve as judges on the Court of
Appeal. (Know,2022)

High court: The High Court hears any case that exceeds the Magistrates' Court's jurisdiction or
when an individual or group files an appeal with the court asking it to reverse a Magistrates' Court
decision. A single judge with several years of experience in the area hears matters before the High
Court. However, at least two judges must hear the case if it is on appeal (gov,2022).

County Courts: Cases involving debt repayment, breach of contract involving goods or property,
personal injury, family issues (including adoption and divorce), housing issues, and other civil
disputes are handled by the County Courts, with the exception of the most complicated and basic
(most cases under £5000) cases (including collection of mortgage and rent arrears, and re-
possession), and execution of past County Court judgments. (Court,2022).

Major criminal matters (such murder, rape, and robbery), sentence hearings, and appeals moved
from the Magistrates' Courts are heard in the Crown Court. A judge and jury hear the cases in
each instance. Appeals from decisions rendered by the Crown Court may be taken into
consideration by the Court of Appeal's Criminal Division.

Tribunals: The Tribunals Service addresses issues relating to lands, social security, education,
employment, child support, pensions, tax, and compensation for criminal damage, among others.
One may appeal the Tribunals Service's decisions to the relevant High Court Division.

The Magistrates' Courts: Hear brief criminal matters and committals to the Crown Court, as
well as elementary civil proceedings including family process courts and juvenile courts, as well
as licensing for gaming, gambling, and alcoholic beverages. Cases are frequently heard by a panel
of three judges or the District Judge in the absence of a jury.

a) After taking into account the first instance jurisdiction, the damages order is for £65,000. If the
damage exceeds £5,000, the High Court will hear the case. The division in charge of this case is
Queen's Bench Division: Technology and Construction Court, which has a particular focus on
resolving technology and construction disputes involving technically challenging issues or
questions and cases that would benefit from being heard by a judge with specific TCC experience.

b) The Court of Appeals is the court having jurisdiction to hear appeals from decisions, and the
Civil Division will have direct competence to rule on appeals involving civil law.

10. .

The arbitration contract

The location of the arbitration

Which country's procedural laws will be used depends on where the arbitration will take place. It
shouldn't be confused with the hearing location, which is the location where the hearing will take
place. It's important to stress that the site itself is irrelevant in terms of law. The location, or seat,
of the arbitration determines the procedural legislation applicable to it. This section deals with
procedural issues, such as how hearings must be conducted, whether or not an arbitration must be
kept confidential, and whether or not appeals are permitted.

The arbitrator's language

The language used by the parties in their oral and written arguments, the procedure rules, and the
arbitrators' decision (s). According to the arbitration clause, it is decided by the arbitral tribunal or
by agreement between the parties. The flexibility of the arbitral process enables the parties and
arbitrators to devise the best possible solutions, with the only cost-related constraint on the parties'
creativity being the cost of translation and interpretation.

The quantity of arbitrated cases

In an arbitration clause, parties may specify how many arbitrators will be appointed. One to three
arbitrators are frequently required by arbitration rules, and this is also mandated by some national
arbitration legislation. Parties frequently choose one arbitrator each when there are three available.

The arbitrators' nationality

If the opposing party to the issue was unable to designate an equal number of arbitrators of the
same nationality, the parties may only choose nationals of their own country or the country whose
national is a party to the dispute as arbitrators.

Contract law that is relevant

The term "conflict of laws" is used in the legal community to describe the issue of which law
should govern a contract dispute. The court must determine which jurisdiction's law is relevant to
the specific contract issue in a case involving a conflict of laws. One of the most perplexing
aspects of the law is this. The location of the contract's creation, execution, or any other relevant
location must be determined by the court as the most significant or substantial location.

The application of ordinary procedure

If the claim is for more than £5,000, the sheriff court may follow the Ordinary Cause procedure.
The sheriff court also uses it for a variety of other issues, such as divorce, dissolution of civil
unions, and requests for orders pertaining to children, such as residence and contact orders.
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