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Distinction grade: BTEC business unit 23 assignment 1
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This is a distinction grade assignment 1 unit 23 fully completed year 13.
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The English Legal SystemMeaning, purpose and terminology of the law
Rights and duties- The law provides us with rights and duties. Some of our fundamental rights are
incorporated into the Human rights act 1998 from the European convention on human rights. An example of
this would be the fact that employees have a duty to ensure the workplace is safe to work in by carrying out a
risk assessment. An example of rights is when you are shopping you have the right to buy items that are of
satisfactory quality.
Law and morality- Moral behaviour is what society regards as acceptable behaviour although opinions
differ on what is and is not acceptable. There is an overlap in both laws and morals. An example of something
that is both illegal and immoral is murder. However, some things are immoral and not against the law and one
example is cheating on a partner. An example of something that is illegal but also moral is driving over the
speed limit.
Law and Rules
Purpose of the law- Gives us certainty about how we should be treated, the activates we take part in and
the security in the knowledge that there will be solutions to legal problems if things go wrong. An example of
this would be the public order act 1986 and this made riots and affray’s illegal.
Term Definition Example
Protection We are protected from fatal and non- An example of a fatal offence is a car
fatal offences. The law also protects accident which results in the death of
people by making provisions for one person. An example of a non-fatal
education and welfare. offence is a robbery which causes
harm but not death.
Upholding rights The aim of the law is to uphold a One example would be the right to an
person’s rights. education if a child was not to attend
school this could lead to a civil case in
court where the parents/ carers could
be fined.
Another example would be the right
to freedom the law ensure that they
uphold your rights to freedom and
there is many instances where some
one could be sent to prison for taking
away some ones freedom.
Maintaining order The law aims to provide public order. All laws are examples or maintaining
order as they are put in place for this
reason.
Delivering Justice The legal system aims to provide a There has been many examples where
verdict that provides justice for the there has been a miscarriage of justice
people involved. However, it isn’t that one example would be the case of
simple not everyone in society would Paul Blackburn in 1978 he was
agree with how to case has been convicted of attempted murder of a 9
handled. Different legal theories year old boy when he was just 15. He
promote different vies and this can spent 25 years in prison and always
lead to many people having different maintained his innocence. The court
interpretations of justice. Also a lot of of appeal rules his trial to be unfair
people believe that cases should be and his conviction was ‘unfair’ he was
treated the same however all cases finally released.
are different.
Evaluation and An advantage of the legal system is
that the law try to ensure the rights
, effectiveness of the are upheld for all of the people in the
legal system country. A disadvantage of the legal
system is that there will always be
people that disagree with the verdict
that is made as there is many things
that are illegal that many people see
as moral an example would be driving
over the speed limit.
Categories of Law
Criminal Law- Criminal law is designed to punish people who break the law and to protect the public.
Criminal law has many example some of the more recognisable one would be murder, manslaughter and
fraud.
Civil Law- Civil law is where disputed are settled and provide remedies usually in the form of compensation.
An example of civil law would be a breach of contract or small property damage both of these can be settled
and compensation can be paid to solve them.
Differences between criminal and civil law
Similarities
Criminal Law Civil Law
Purpose To punish an offender when they To find a remedy for the injured party,
break criminal law. when a civil wrong is committed and the
party is found to be liable.
Remedies/Punishment If found guilty this can result in a Usually, compensation or injunction
fine, community sentence,
curfew or prison sentence.
Taking the case to court Decided by CPS Decided b the individual with the
complaint
Parties to an action Prosecution they make the case Claimant and this is the person that’s
against the accused. making the claim.
Defence they argue that the Defendant and this is the person arguing
accused is innocent. that are not at fault.
Standard of proof Must be beyond reasonable Made on the ‘balance of probability’
doubt.
Case Names EG R (Regina) V Surname of the Surname v surname EG Lafferty v Khan
accused
Terminology Prosecution, guilty, not guilty, Sue, liable, not liable, remedies
verdict, sentencing
Courts Magistrates court, crown court County court, high court
Examples of offences Theft, fraud, robbery, burglary, Tort law, unfair dismissal, discrimination,
battery, ABH, motoring offences, breaches of contract, trademarks,
breaches of health and safety copyright, intellectual property, disputed
law, corporate manslaughter, between partners or directors
breaches of environmental law,
break of trading standards
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