Assignment Cover Sheet (v1.

0) 24/01/20

Overview

This cover sheet must be used for all assignments, submitted for external moderation, by
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Administration

Centre Name: iQualify UK

Candidate Name: Talal Ahmed

Candidate Number:

Qualification Title: Level 3 Pre-U Foundation Diploma

Assignment Title: Foundation Law

Date of Submission (to centre): 02/28/2023

Date of Submission (to LRN):

Assessor/Tutor Name:

Grade:

Feedback: .

Learner declaration

I certify the work submitted is my work and has not been copied from another learner. I also
confirm the work has not been downloaded from websites, books, or journals. I realise if my
work is found to be have been copied, LRN reserves the right to refer or fail my assignment:

Signed: Talal
Date:
an➢ The process of enacting laws in the UK involves several steps and stages,
in which the House of Commons and the House of Lords play an important
role. Here is an overview of the legislation in the UK:

Proposed Bills: The Government or Members of the House of commons can

propose bills.

First reading: The bill is introduced, and the title is read aloud.

Second reading: MPs discuss the general principles of the law and vote on
whether to proceed to the next stage.

Committee Stage: The Committee of Deputies examines the details of the bill
step by step.

Report stage: The committee presents the report to the House of commons,
after which it can debate and vote on any amendments.

Third reading: MPs discuss the unalterable version of the bill and vote on
whether it should go to the House of Lords.

House of Lords: The Lords examine and modify bills in the House of Lords,
which follows a comparable procedure.

Royal Assent: The measure is sent to the king for his approval after it has been
approved by both houses. The legislation is passed and becomes a rule.

The House of Commons and the House of Lords play a key role in the legislative
process. The House of Commons is where bills are proposed and debated and
where the government is held accountable. MPs represent the interests of
their constituents and can amend bills. The House of Lords has the power to
review and amend bills but cannot veto them. It is seen as a "review" chamber
that checks the power of the government and the House of Commons.

➢Delegated legislation is the process by which the government or other

authorized body makes laws without the need for a new Act of
Parliament.
Statutory Instruments (SI) is a general type of statutory legislation passed
under the authority of an Act of Parliament and has the same force as an
Act.

Judicial precedence: Courts, also known as precedential decisions, must

follow previous court decisions in similar cases, making the legal system
consistent and predictable.

These principles are essential components of the UK legal system,

providing a flexible means of creating laws and ensuring consistency in
judicial decision-making.

➢Legislative confirmation by the House of Lords is important for several

reasons. First, the House of Lords is a reviewing chamber that checks the
power of the government and the House of Commons. The Lords can
scrutinize and amend bills that can improve the quality of legislation and
ensure that it is fair and just.

Second, the House of Lords is made up of members with a variety of

experiences and expertise, including experts in law, economics, science,
and other fields. This means that the Lords can make an informed and
independent assessment of the bills.

Third, the House of Lords is not subject to political pressure, as its

members are not elected. This allows the Lords to take a long-term and
objective view of legislation without having to respond to short-term
political considerations.

Finally, approval by the House of Lords provides a final check on

legislation before it is implemented. This ensures that bills are carefully
considered, and any potential problems or unintended consequences are
addressed.

➢When applying the plain meaning of a word or sentence would

produce an absurd or unfair outcome, judges will use the Golden Rule of
statutory interpretation as their guide. Judges are permitted to deviate
from a statute's literal meaning in accordance with the Golden Rule in
order to carry out the legislative purpose.

There are several advantages to using the Golden Rule of statutory

interpretation:

The Golden Rule enables judges to avoid applying laws in a manner that
results in absurd or unfair results.

It guarantees that the lawmakers' intentions are carried out and

contributes to maintaining the legitimacy of the legislative process.

The Golden Rule makes it possible for the law to change in response to
evolving situations and guarantees that it will always be applicable and
functional.

➢ Prior to being presented to the legislature for discussion and

consideration, a suggested bill is subjected to pre-legislative scrutiny by
a committee. Pre-legislative scrutiny serves to ensure that a measure is
sound, practicable, and effective, and that it complies with international
norms and constitutional provisions.

Pre-legislative scrutiny is important in due process for several reasons.

Prior to the bill becoming law, it is helpful to find any potential mistakes
or inconsistencies and fix them.

Second, pre-legislative scrutiny encourages openness and responsibility

in the drafting of laws.

Third, careful consideration before legislation is passed helps to avert

hasty, poorly thought-out legislation that might have unintended effects.

To summarize, pre-legislative scrutiny is an important part of the

legislative process because it serves to ensure that legislation is sound,
effective, and in accordance with constitutional provisions and
international standards.
➢According to Sullivan and Tiersma (2011), criminal courts are
adversarial in nature and are focused on determining whether a
defendant is guilty of a crime beyond a reasonable doubt. This entails a
number of formal stages, including the preliminary hearing, plea
negotiation, arraignment, and trial. The defence is permitted to present
evidence and arguments that refute the prosecution's argument, while
the prosecution is required to present proof that establishes the
defendant's guilt beyond a reasonable doubt. If the defendant is found
guilty, they could be sentenced to jail, pay a fee, or receive other
punishments.

On the contrary, civil courts tend to be less adversarial and focus more
on settling conflicts between parties. According to the Harvard Law
School (2021), civil courts handle cases involving issues such as contract
disputes, property disputes, and personal injury claims. The filing of a
complaint, the defendant's response, and pretrial discovery, which may
entail the exchange of information and proof between the parties, are all
steps in the civil court process. The majority of the evidence standard in
court requires the plaintiff to demonstrate that the defendant is liable
more often than not, or by an equal number of the evidence. If the
plaintiff wins, the judge may order the defendant to pay damages or
take other corrective action.

➢According to the Law Society of England and Wales (2022), common

assault is an offense that involves the intentional or reckless application
of force to another person, or the threat of such force.

Depending on the jurisdiction and the particulars of the crime, different

people face different punishments for common assault. For instance,
common assault is a summary offence punishable by a fee or up to six
months in jail in England and Wales. Penalties may be increased if
aggravating circumstances, like the use of a weapon or the infliction of
significant injury, are present.
The legislation also specifies how charges of common assault will be
prosecuted and defended. In general, the defence is allowed to offer
evidence and arguments that refute the prosecution's case, while the
prosecution is required to show beyond a reasonable doubt that the
defendant committed the crime. A wide variety of legal rights are
available to defendants, including the right to legal counsel, the right to
a fair trial, and the right to challenge a conviction.

➢A vital component of English and Welsh law precedent is the Offences

Against the Person Act (1861). It was passed in order to update and
consolidate the unlawful code's treatment of crimes against people, such
as murder, sexual assault, and battery. The Act has been revised over
time to take into account changes in society and the advancement of
legal doctrines. Following are the ways how the Offences Against the
Person Act (1861) and its updated legislative acts are of importance in
today’s legal system.

First, the Against the Person Act (1861) provided the legal basis for
several crimes against the person that are recognized and prosecuted to
this day. The law covers crimes such as murder, manslaughter, assault,
and sexual offences. The law also establishes basic legal principles
relevant to this crime, such as the mens rea (culpable thought) and actus
reus (culpable act) requirements that are still relevant in today's criminal
law.

Second, The Act establishes a variety of penalties, ranging from fines to

imprisonment and, in some instances, the death penalty. Although the
maximum penalties for some offences have been lowered over time, the
Act continues to provide the framework for sentencing in these kinds of
cases.

Finally, the Offences Against the Person Act (1861) and its updates have
had a significant impact on the judicial system as a whole. Many
significant legal cases have cited the Act, and the principles put forth in
the Act have been used to develop other areas of the law. The Act also
influenced human rights law, as it was used in cases involving the right
to life, the prohibition of torture, and the prohibition of discrimination.

➢A person or business can be held accountable for harm they do under

the legal theory known as strict liability without having to demonstrate
negligence or wrongful conduct. This indicates that the defendant is
responsible for the damages whether or not they meant to inflict them.
When a product or activity has the potential to cause harm, like with
hazardous activities or harmful pharmaceuticals, strict responsibility is
frequently imposed.

There are various reasons why strict liability is imposed. The first benefit
is that it makes sure people who participate in activities with a high risk
of injury take extra care to avoid harm. Second, regardless of the guilt of
the person or institution in charge, it offers a way to compensate those
who suffer injury. Lastly, it encourages individuals as well as
organizations to accept responsibility up to their mistakes and take
precautions to avoid harm.

➢The Crown Courts, High Courts and Magistrates' Courts are part of the
English and Welsh court systems and operate in different ways with
different jurisdictions.

The most serious criminal crimes, including murder, rape, and significant
fraud, are heard by the Crown Court, which serves as England and Wales'
main trial court. It uses a jury system and has the authority to impose
longer prison terms than the Magistrates Courts. The decisions of the
Crown Court can be appealed to the Court of Appeal.

The High Court has broad power to consider a variety of civil disputes,
including disagreements between people and businesses and challenges
involving constitutional or human rights problems. It is the highest civil
court in England and Wales. The Crown Court, a branch of the High
Court that handles criminal cases, functions similarly to the separate
Crown Court. Lower courts, such Magistrates Courts, must abide with the
High Court's rulings, but appeals may be made to the Court of Appeal or
Supreme Court.

The lowest level of criminal court in England and Wales is the

magistrates court, which hears cases involving less serious offences such
small assaults and traffic violations. Without a jury, magistrates decide
cases in magistrate’s courts on the evidence that is submitted to them.
You can appeal a Magistrates Court decision to the Crown Court.

According to Woollard and Cook (2021), the boundaries between the

Crown Court, High Court, and Magistrates Courts are clearly defined, and
the jurisdiction of each court is set out in legislation. The Crown Court
and High Court have a more significant impact on the development of
the law than the Magistrates Courts due to their jurisdiction and ability
to set precedents.

➢Many legal systems, including the UK, are founded on the belief of the
supremacy of law, which guarantees that no one, including government
officials, stands above the law. It implies that everyone is subject to the
same legal system regardless of their position or status and that all laws
must be applied equally and impartially. Additionally, the concept makes
sure that all power is used lawfully and that any illegal behaviour is not
permitted.

According to Craig (2017), the principle of supremacy of law is an

essential aspect of the UK constitution, and it ensures that the judiciary
can hold the government accountable for any actions that violate the
law. This principle has helped to maintain the rule of law and ensure that
democracy and justice are upheld in the UK.

➢Crime classification is a system of classifying crimes based on their

severity. In most legal systems, crimes are divided into two main
categories: misdemeanors and felonies. Misdemeanors are less serious
transgressions than felonies, which are more serious and subject to
harsher penalties.

The processes for criminal trials can be significantly impacted by the

categorisation of offences. For instance, misdemeanours may be heard in
lesser courts in some jurisdictions while felonies may be heard in higher
courts. In addition, there may be a difference between misdemeanours
and felonies in the type of evidence needed and the weight of proof.
Defendants' rights are protected and suitable punishment are enforced
due to the classification of offences.

➢ Mens rea and actus rea are crucial aspects in criminal law that must be
demonstrated beyond a reasonable doubt in order to establish criminal
responsibility. Mens rea denotes the offender's mental state or intention,
whereas actus rea denotes the physical act or action that results in the
offence. Mens rea is frequently harder to prove than actus rea in cases
involving non-violent offences like white-collar crimes.

Nonviolent crimes, such as fraud or theft, typically involve complex

financial transactions and may require a high degree of intent to
establish rea for men. For example, in the case of fraud, the prosecutor
must prove that the defendant intended to deceive or defraud the
victim, rather than a mistake or reckless act (Harvard Law School, 2018).
On the other hand, the actual fake transaction that occurred would
constitute the actus reus of fraud.

➢Judicial independence is a fundamental principle of the rule of law,

which guarantees that judges are free to decide cases impartially and
fairly without outside influence. It is crucial for safeguarding peoples'
fundamental rights and freedoms as well as the integrity and legitimacy
of the legal system. In the absence of judicial independence, there is a
danger of political sway, corruption, and a decline in the public's
confidence in the legal system. Judges can interpret and implement the
law objectively and fairly, free from any improper influence or pressure,
and ensure that justice is done by upholding their judicial independence.

➢To maintain judicial independence, Judges must be protected from

political pressure or influence. They must be appointed on the basis of
competence and merit, not on connections or political affiliations. They
should also have a stable tenure, which means that they cannot be fired
without cause or following the proper procedures.

Generally, A higher court or other judicial authority usually conducts a

judicial review process to ensure the oversight of judicial independence.
This review procedure makes sure that judicial judgements follow the law
and are unaffected by political or other outside forces. Additionally, it
enables a system of checks and balances to guarantee that the court is
held responsible for any violations of ethical standards.

➢Burden of proof refers to the burden on the party to provide evidence

to support his claim or allegations in the trial. In the criminal and civil
context, the burden of proof is placed on different parties and there are
different types of evidence.

In a criminal proceeding, the prosecution bears the burden of

demonstrating the accused's guilt beyond a reasonable doubt. This
means that the prosecution must offer evidence that is powerful enough
to convince the jury or judge that the accused committed the offence
without a reasonable doubt. The burden of proof rests with the
prosecution to establish the defendant's guilt; the accused is deemed
innocent unless proven guilty.

The burden of proof in a civil case often rests with the plaintiff, who must
establish their claim on the basis of the majority of the evidence. In other
words, the plaintiff must offer proof that is more likely than not accurate.
The plaintiff has the burden of establishing their claim because the
defendant is considered innocent.
➢The jury system offers a number of advantages, including encouraging
accountability and openness, guaranteeing representative decision-
making, and enabling public involvement in the legal system. The jury
system ensures that decisions on legal matters are made in a fair and
impartial manner by incorporating regular people in the administration
of justice. This helps to increase public confidence in the justice system.
In order to further promote accountability and transparency, juries are
expected to offer justifications for their judgments, which may be subject
to review. Overall, the jury system is a key component of many legal
systems around the world, giving a way to make sure that judgements
are rendered in a fair and just manner.

➢Liability in the event of negligence refers to legal liability for damages

caused by negligence to other people or their property. The duty of care
refers to the legal obligation to take reasonable care not to harm others.

To establish responsibility in a negligence action, it must be proven that

the defendant owed the plaintiff a duty of care, that they breached that
duty of care by failing to take reasonable care, and that this violation
caused the plaintiff suffering or loss.

➢According to the Law Society of Ireland, "a contract is an agreement

that creates legally binding obligations" (n.d.). The formation of a valid
contract is essential in ensuring that both parties can rely on the terms of
the agreement and that their rights are protected under the law.

A legitimate contract is a legally binding agreement that generates

mutual rights and obligations between two or more parties. Four
important factors must be present in order for a contract to be valid:
offer, acceptance, consideration, and purpose to create legal relations.

A legitimate contract has legal significance because it produces legally

binding obligations that can be enforced by the courts. This means that
if one party violates the contract's terms, the other party can seek legal
remedies such as monetary damages or specific performance.
➢When one party violates the terms of a contract by failing to carry out
their obligations under it, this is referred to as a breach of the contract.
When a contract is broken, the harmed party has the option of suing for
compensation in court.

The process by which a lawsuit proceeds through the judicial system,

beginning with the filing of a complaint and concluding with a judgment,
is known as the procedure to trial. Discovery, motions, and pre-trial
conferences are some of the processes in this procedure, which
concludes with a trial where a judge or jury hears the evidence and gives
a decision.

The procedure by which a court establishes the sum of money that a

plaintiff has a right to get as compensation for the injury brought on by
a defendant's violation of contract is known as damages assessment. In
addition to monetary penalties, which are meant to hold the defendant
accountable for its wrongdoing, compensatory damages, which are
meant to make up for the plaintiff's actual losses as a result of the
breach, are also possible.

All three of these concepts are connected because determining damages

is an important step in the trial process. The plaintiff must establish that
the defendant broke the terms of the agreement, that the breach hurt
the plaintiff, and that the number of damages claimed is supported by
proof. The number of damages that the plaintiff is entitled to receive will
then be decided by the court after taking this evidence into account.

References:

UK parliament (n.d). How does a bill become a law? - Available at:

https://www.parliament.uk/about/how/laws/passage-bill/ .

UK Parliament (2021). Role and powers of the house of Lords. Available at:
https://www.parliament.uk/about/how/role/lords/
Elliot, C, & Quinn, F. (2011). English Legal System. Pearson Education.
Sullivan, G. R., & tiersma, P. M. (2011). Criminal procedure: Principles, policies
and perspectives (4th ed.). New York: Wolters Kluwer.
Law Society of England and Wales. (2022). Assault. Available at:
https://www.lawsociety.org.uk/en/topics/assault
UK Parliament. (2021). Delegated legislation. Available at:
https://www.parliament.uk/about/how/laws/delegated/
Woollard, M., & Cook, A. (2021). English Legal System Concentrate. Oxford
University Press.
American Bar association. (n.d.). The American Jury System. Available at:
https.//www.americanbar.org/groups/public_education/resources/law_relate
d_education_network/how_courts_work/jury/
UK Government. (2021). Statutory instruments. Available at:
https://www.gov.uk/guidance/statutory-instruments
GOV.UK. (2021). Stare decisis and techniques of precedent. Available at:
https://www.gov.uk/guidance/stare-decisis-and-techniques-of-precedent/
Harvard Law School. (2021). What is civil litigation? Available at:
https://hls.harvard.edu/dept/clinical/what-is-civil-litigation/
UK Parliament. (1861). Offences Against the person Act. Available at:
https://www.legislation.gov.uk/ukpga/Vict/24-25/100/