Aspects of the Legal System and Law-making Process
An optional Unit towards your BTEC qualification in Business.
This Unit is one of the optional units you can study towards your BTEC qualification in Business.
Edexcel BTEC Level 3 Subsidiary Diploma in Business
Edexcel BTEC Level 3 Diploma in Business
Edexcel BTEC Level 3 Extended Diploma in Business.
An understanding of the English legal system is important as a basis for the study of any area of law. It is important that learners understand the difference between the various sources of law used in the English legal system. The first part of the unit explores the structure and framework of the courts, the personnel involved in the administration of the law and the types of cases heard in the various courts. The unit then considers how law is made by the courts (precedent) and by Parliament (statutes/legislation).
The purpose of the unit is to help learners understand that the English legal system is essentially practical in nature and provides solutions to everyday problems. It will enable learners to understand the fundamental difference between the civil and criminal courts. The unit will also develop learner knowledge of the court structure, both civil and criminal, and relevant routes of appeal.
Learners will be introduced to the sources of law and the development of common law through precedents. The emphasis in the part of the unit concerning precedents is intended to show learners that the law is not static, but develops as society changes, and the importance of precedents when giving legal advice.
Learners will also look at domestic and European legislative processes in the creation of legal rules. When a statutory legal rule has been enacted it often falls to the judiciary to apply it and learners will explore the mechanisms the judiciary uses to interpret these legal rules.
In addition, learners will be introduced to problems of sovereignty and the impact of the European Court of Justice. To develop this area, learners should understand the concept of sovereignty and that Parliament can legislate on any matter, and how membership of the European Union impinges on this, especially the role of the European Court of Justice.
Learners will also develop an understanding of the roles of those who serve the courts in both a professional
and lay capacity and the role of the legal professions.
© Edexcel Limited 2010