How Laws Are Made and How Laws Can Be Interpreted

SCENARIO
Having successfully achieved a BTEC National Extended Diploma in Business & Legal you have just started as a trainee in the Human Resources Department at Business Inspirations Ltd , a local company that specialises in developing business solutions to small & medium sized businesses in the North West.
As part of your traineeship you have been assigned to the section that deals with legal issues/solutions. You have been asked to produce materials that would be suitable for use to businesses with little, or no, legal knowledge.
Your manager feels that it is important that new businesses have an awareness about key issues relating to law including; key personnel, how laws are made & how law can be/is interpreted.
PART ONE
TASKS
1. Produce a set of 3 Fact Sheets that cover;
I. A description of the hierarchy of the Civil Courts. (P1)(PIA)
II. A description of the hierarchy of the Criminal Courts. (P2) (PIA)
III. An explanation of the differences between the two hierarchies. (P3) (PIA)
The Fact Sheets should include; diagrams of each court’s hierarchy, the role, function & jurisdiction of each court. You must also give examples of the cases (general legal & business related issues) dealt with by each court

2. Produce a report on;
I. The role of judges & and lawyers in civil and criminal cases. (P5)
II. The role of Lay people in criminal cases. (P4) and evaluate the pros and cons of lay people in English courts. (D1)
III. Compare and contrast the role & function of judges, lawyers and lay people in English courts (M1)
3. Produce a note for your manager outlining whether or not the claim may be successful. You should include;
I. An explanation of the term ‘Precedent’
II. A description of how precedents are used and applied in court.
III. Compares and contrasts the different methods of law making and (M2)
IV. A description as to how precedent might be applied in your colleague’s case and the outcome of that precedent case. (P6)
Finally, on your way to work one morning, you have a conversation with another member of staff who tells you that she was worried because she received a complaint by a client who claims that, as a result of taking her advice, they had lost an important contract which brought in £5,000 income. She was concerned because her manager had told her that the client (Barber & Son Ltd) may well have a claim against her and/or Business Inspirations Ltd.
4. Produce a Fact Sheet outlining;
I. A description of an Act of Parliament and how it is developed made. (P7)
II. An outline of the rules of statutory interpretation. (P8)
III. Applies the rules of statutory interpretation and evaluates the role of judges in the formation and interpretation of legal rules. (M3) (D2)
NOTE: You should ALWAYS use examples and cases wherever possible to demonstrate that you can apply the law.

GRADING CRITERIA

PASS
EVIDENCE
P1
Describe the hierarchy of the civil courts

P2
Describe the hierarchy of the criminal courts

P3 Explain the difference between the two hierarchies

P4
Describe the role of lay people in criminal cases

P5
Outline the role of judges and lawyers in civil and criminal cases

P6
Explain how precedents are
Applied in court

P7
Describe the process when
Making an act of parliament

P8
Explain the rules of statutory
Interpretation

MERIT
EVIDENCE
M1
Compare and contrast the
Role and function of judges,
Lawyers and lay people within
The English courts

M2
Compare and contrast the
Methods of law making

M3
Apply the rules of statutory
Interpretation

DISTINCTION
EVIDENCE
D1
Evaluate the effectiveness
Of lay people in the English
Courts

D2
Evaluate the role of the
Judiciary in the formulation
And interpretation of legal
Rules.