ASSIGNMENT 1 FRONT SHEET

Qualification BTEC HND in Business

Unit number and title Unit 7: Business Law

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I. INTRODUCTION.

II. SOURCES OF LAW.

1. Definition of Law
Law is a system of general rules of conduct set forth by the state and mandatory for all subjects in
society. The content of the law represents the will and nature of the ruling class. The law is mandatory,
so subjects will not have the right to implement or not implement the law.

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1.1. The purpose of Law

The law aims to regulate multidimensional relationships and practical problems in society. Besides, the
law is also an expression of the activities of policies. The enactment of legislation to support
institutionalization and ensure compliance with policies. The promulgated law will create, allocate, and
promote resources to support the economic development of the country. Not only that, the law will play
the role of maintaining social order, restraining and changing inappropriate behaviors in society

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2. Difference Between Common Law and Statutory Law

When it comes to legal systems, two primary types of laws govern different jurisdictions around the
world: common law and statutory law. Understanding the difference between these two legal
frameworks is essential to comprehend how legal systems function and how laws are created,
interpreted, and applied. Below, we will explore the dissimilarities between common law and statutory
law, highlighting their origins, characteristics, and various other aspects.

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Common Law Statutory Law

Common law refers to a legal system
based on judicial decisions, court
precedents, and customs, developed
Definition over time by judges and legal
practitioners. It relies on legal principles
and interpretations derived from
previous cases.
Statutory law refers to laws
enacted by legislative bodies, such as
Congress or Parliament, through the
formal legislative process. It includes
laws written and codified in statutes,
codes, regulations, and ordinances.

Common law derives its authority from Statutory law derives its authority from
judicial decisions and court precedents, legislation passed by the legislative
Source of Law which establish legal principles and body and is written in statutes, codes,
interpretations that guide future cases. regulations, or ordinances.
 Common law evolves through the
gradual development and interpretation
Development of legal principles by judges and courts
in response to specific cases and
circumstances.
Common law places significant
emphasis on the concept of precedent,
which means that previous court
Precedent decisions and legal interpretations serve
as binding authority for future cases
with similar circumstances.
Common law allows for
flexibility and adaptability as judges can
Flexibility interpret and apply legal principles to
new situations and changing societal
norms.
In common law systems, judges play a
vital role in interpreting and applying
Role of Judges the law. They have the authority to
create legal principles and precedents
through their decisions.
Common law is not typically codified
into a single comprehensive document
Codification but relies on the accumulation of court
decisions and precedents over time.
Common law is applicable in cases
where there is no specific statute or
legislation governing a particular issue,
Application allowing judges to rely on legal
principles, precedents, and customary
practices.
Common law may involve more
uncertainty and ambiguity as it relies on
Legal Certainty the interpretation of legal principles and
precedents, which can evolve over time.
Common law systems can vary across
Jurisdictional jurisdictions as legal principles and
Differences precedents may develop differently in
different countries or regions.
Statutory law is created through the
legislative process, where lawmakers
draft, debate, and pass legislation to
address specific issues or regulate
certain areas of society.
Statutory law can establish precedent,
but its interpretation and application can
be influenced or modified by
subsequent legislation or court
decisions.
Statutory law can be less flexible as it is
based on specific legislation, although it
can be amended or repealed through the
legislative process.
In statutory law systems, judges
primarily apply and interpret laws
enacted by the legislative body, rather
than creating new legal principles
through their decisions.
Statutory law is codified into written
statutes, codes, regulations, or
ordinances, providing a systematic and
organized framework of laws for a
particular jurisdiction.
Statutory law is applicable in cases
where specific laws or legislation exist,
providing clear rules and regulations for
a particular matter.
Statutory law offers greater legal
certainty as it provides specific rules,
regulations, and guidelines established
through the legislative process.
Statutory law can also differ across
jurisdictions as legislative bodies have
the authority to create laws specific to
their jurisdiction's needs and values.
 Common law evolves organically and
gradually over time as judges interpret
Evolution of Law and apply legal principles to new cases,
adapting to societal changes and
developments.
Common law considers customs and
long-standing practices as important
Role of Custom factors in shaping legal principles and
interpretations, especially in areas not
specifically addressed by statutes.
Common law is enforced through the
courts, with judges relying on legal
Enforceability principles and precedents to make
decisions and resolve disputes.
Common law allows for adaptation and
flexibility in response to societal
Adaptability changes and emerging issues, as judges
can interpret legal principles in light of
evolving circumstances.
Common law is developed
Lawmaking incrementally through judicial
Process decisions, with judges contributing to
the development of legal principles and
precedents over time.
Common law can cover a wide range of
legal matters, including civil law,
Scope of contract law, tort law, property law, and
Coverage various other areas, relying on
precedents and legal principles to
address specific cases.
Common law systems may exhibit
variation and lack uniformity across
Uniformity jurisdictions due to different
interpretations and applications of legal
principles by judges.
Common law does not rely on
legislative intent, as it is based on
Legislative Intent judicial interpretations and the
development of legal principles through
court decisions.
Statutory law can evolve through the
introduction of new legislation,
amendments to existing laws, or the
repeal of outdated laws in response to
changing needs or priorities.
Statutory law can supersede or modify
customs and practices, providing a more
structured and uniform legal framework
regardless of customary practices.
Statutory law is enforced through the
legal system, with courts applying and
interpreting specific laws enacted by the
legislative body.
Statutory law can be adapted through
the legislative process, where new laws
can be introduced or existing laws can
be amended to address new challenges
or needs.
Statutory law is created through the
formal lawmaking process involving the
introduction, debate, amendment, and
passage of legislation by the legislative
body.
Statutory law covers a wide range of
legal matters, with specific laws and
regulations created for various areas
such as criminal law, taxation, labor
law, environmental law, and more.
Statutory law aims to provide greater
uniformity within a jurisdiction, as laws
are written and enforced based on
specific statutes and regulations
applicable to all individuals and entities
within that jurisdiction.
Statutory law places importance on
legislative intent, which refers to the
purpose, objectives, and meaning
behind the enacted legislation.
 Common law heavily relies on binding
Role of precedents, with judges considering
Precedents previous court decisions and legal
interpretations when deciding similar
cases.
Statutory law can also establish
precedents, but subsequent legislation or
court decisions may modify or overturn
those precedents.

Common law systems often have a two-
Legal System tiered court system, consisting of lower
Structure courts (trial courts) and higher courts
(appellate courts), where higher court
decisions can create binding precedents
for lower courts.
Statutory law systems can have a similar
court structure, but the focus is on
applying and interpreting laws enacted
by the legislative body rather than
creating new legal principles.

Common law requires extensive legal Statutory law requires legal research to
Impact on Legal research to identify relevant precedents identify applicable statutes, codes,
Research and legal principles established through regulations, or ordinances related to the
court decisions. legal issue at hand.

Common law systems may offer less Statutory law systems generally offer
legal certainty due to the potential for more legal certainty as laws are
Legal Certainty differing interpretations and the explicitly written and available for
evolution of legal principles over time. reference in statutes, codes, regulations,
or ordinances.
Examples of common law systems Examples of statutory law systems
include the United Kingdom, the United include civil law countries like France,
Examples States, Canada, and other countries that Germany, and Japan, where laws are
adopted the English legal tradition. primarily codified in comprehensive
civil codes or specific statutes.

3. Sources of law in the UK.