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BTEC L3 Applied Law Unit 2 AAB LA A B v3 (1)

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BTEC Assignment Brief
Qualification
Unit number and title
Learning aim(s)
Assignment title
BTEC Level 3 National Certificate in Applied Law
BTEC Level 3 National Extended Certificate in Applied Law
Unit 2: Investigating Aspects of Criminal Law and the
Legal System
A: Explore how statutory rules are made and interpreted
B: Examine how legislation is made outside of Parliament
The process of law making
Assessor
Issue date
Hand in deadline
A local solicitors firm is looking to raise awareness of its
work placement programme for learners studying applied
law. The firm has recognised that one way of raising
awareness of the programme would be to sponsor the
commissioning of a set of learning and revision resources to
help learners consolidate what they have learnt in class.
You have been asked to produce a report that evaluates the
processes of law making both inside and outside of
Parliament. The commissioning manager has suggested that
your report be based on the following case studies:
Scenario 1
Green Space Preservation (fictitious) Act 2018
Vocational Scenario or
Context
Long Title
“An Act to (protect/preserve/maintain) green space areas
for enjoyment by the general public”
s9 Prohibited Use
s9a: “it shall be an offence for an unauthorised person to
participate in football, cricket, rugby or other sports in
green spaces or city parks”
s9b: “authorised persons are defined as sports club
members who have been granted permission to conduct a
sporting event on a designated date”
Advise the clients in the following scenarios:
On 3rd March, Amir and his friends decide to use the strip
of land alongside the park to play a game of rugby. The
strip of land has been covered in wood chip. During their
game, the ball is kicked onto the lawn in the park on four
occasions.
On June 1st, Sally and her friends decide to celebrate the
end of their exams by having a picnic in the park. They
play with a frisbee, and accidentally knock the heads off
several flowers in the beds surrounding the park lawn.
On September 5th, Sam, a member of the local cricket
club, decides to use the cricket pitch set up on the
lawn. He has a big game of cricket the next day and wants
to practice on the new pitch.
On December 1st 2018, Sarah takes her 4 year old son
Ben to the park where he rides his bike across the grass,
leaving muddy trails and deep tread marks.
Scenario 2
The RAF has recently become concerned by the number of
anti-USA protesters in and around RAF Fylingdales on the
North York Moors. Protesters have set up a campsite on
moors near the base and are creating an unsightly mess
with tents, campfires, rubbish and sewage.
The RAF and the North York Moors National Park are
seeking ways to control or prevent the protest and its
camp.
Joy Stephens is a passionate protester against the USA and
its foreign policies and is seeking to remain on the moors
and to challenge any existing and additional powers granted
to either body to prevent her protest.
Advise the RAF and North York Moors National Park of the
delegated legislation giving powers they have and/or need.
Advise Joy on how to challenge any such powers.
Write a professionally presented journal article which
evaluates the law-making processes both inside and outside
of Parliament.
Task
The first part of the report should focus on exploring how
statutory rules are made and interpreted. You will need to:
● explain the influences that have impacted on the
progress into law of a selected statute
● explain the rules of statutory interpretation in
relation to the given case studies in scenario 1
above
● analyse how influences and rules of statutory
interpretation have affected the law making of
Parliament
The next part of the report should focus on examining how
legislation is made outside of Parliament. You will need to:
● apply the various forms of delegated legislation and
their controls to scenario 2 above
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BTEC Internal Assessment QDAM January 2015
●
●
●
analyse how effective the controls on delegated
legislation are.
using your own choice of examples explain
examples of actual regulations, directives and
decisions.
assess the impact of EU laws on the UK, and how
conflict has been resolved using recent examples.
In the final section of the report you will need to come to a
conclusive judgement having evaluated the effectiveness of
the law-making processes both inside and outside of
parliament. Your conclusion should be based on the facts,
arguments, application and examples provided in the main
body of the report.
Throughout all elements of this task you must ensure that
you are using reliable and accurate sources of information,
which are appropriately referenced.
Checklist of evidence
A written report
required
A reference list of sources used within the article
Criteria covered by this task:
Unit/Criteria
To achieve the criteria you must show that you are able to:
reference
Research and select a statute then explain the influences that
A.P1
impacted on its progress into law.
A.P2
Explain the rules of statutory interpretation using given case studies.
Apply the various forms of delegated legislation and their controls in
B.P3
given case studies.
Research, select and explain examples of actual regulations, directives
B.P4
and decisions.
Analyse the effect on Parliament’s law making of influences and
A.M1
interpretation.
B.M2
Analyse the effectiveness of the controls on delegated legislation.
Assess the impact of EU laws on the UK and the resolution of any
B.M3
conflicts, using actual recent examples.
Present an evaluation of the law-making processes both inside and
AB.D1
outside of Parliament.
Unlocking the English Legal System (Unlocking the Law), 6th Edition,
2019, Routledge ISBN 978-0367277475 - a thorough text book which
explains in detail the elements of the law covered in this unit.
Sources of
information
to support
you with this
Assignment
English Legal System Concentrate: Law Revision and Study Guide,
Thomas & MacGourlay, Study Guide Edition 2017, Oxford, ISBN 9780199654239 - This book provides a revision of the elements of Law
covered in this unit in an easily digestible revision format.
Legal Skills, Finch and Fafinskey, 7th Edition 2019, Oxford, ISBN
978-0198831273 - a reference guide for the development of skills,
and in particular skills unique to Law such as application.
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Law Express: English Legal System, Finch and Fafinskey, 7th Edition
2018, Pearson, ISBN 978-1292210155 - a useful guide as a reference
for the key elements of Tort covered in this unit.
Websites
A-Level Law Review Magazine Archive: Hodder Education
https://www.hoddereducation.co.uk/subjects/law/products/a-level/alevel-law-review-online-archive This quarterly magazine gives
interesting articles on all relevant law topics
E-Law resources: http://www.e-lawresources.co.uk
A student friendly site that provides an outline of Tort alongside
detailed case summaries.
Bits of Law: http://www.bitsoflaw.org/tort/
A site aimed at students which provides study notes, flash cards and
audio resources.
Notes to
Assessors
(this should
be removed
prior to
distribution to
learners)
The vocational nature of the evidence requested in this assignment
brief is designed to encourage learners to embrace the tasks in a workrelated way. This will encourage them to treat the scenarios as real-life
cases and will stimulate creative responses. Tasks should be treated
holistically, with learners aiming to achieve all criteria outlined in the
task.
In researching laws within the UK and the EU, learners should be given
freedom to select a law that is of interest. This will allow them to fully
embrace the reasoning behind its creation in preparing evidence for the
task.
In answering the case studies, the focus is on the development of sound
and substantiated legal arguments, selecting and using relevant
authorities.
Learners may use arguments and reach differing
conclusions that are equally rewardable.
Learners should be
encouraged to provide accurate references within their work, using
case citation where appropriate.
In preparing for this task, learners will need to understand the methods
of law-making, and will be expected to apply them to case studies.
Whilst some learners may choose to methodically apply each element
of the law on statutory interpretation and delegated legislation
individually, others may choose to select the most relevant method for
each client and justify its selection.
Both methods are equally
rewardable.
Using this Authorised Assignment Brief
A list of resources has been provided but this is not exhaustive and
Assessors are encouraged to add their own to the list. It is
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BTEC Assignment Brief v1.0
BTEC Internal Assessment QDAM January 2015
recommended that this is supplemented by any relevant resources
from your centre or local area. Indeed it is not compulsory to use this
authorised assignment brief, and should the centre wish to develop
their own assignment or adapt this authorised brief they may do so.
For example, the centre may choose to use the authorised assignment
brief as a starting point and introduce a scenario or case studies more
closely related to their local area, or a topical issue which is relevant
for their learners. Should centres use their own case studies they must
ensure that they provide adequate scope to meet the assessment
criteria.
Pearson’s free Assignment Checking Service is available to Centres
choosing to amend this brief and can be accessed via the Pearson
website:
https://qualifications.pearson.com/en/support/Services/assignmentchecking-service.html
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BTEC Assignment Brief v1.0
BTEC Internal Assessment QDAM January 2015
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