BTEC Level 3 Unit 23 The English Legal System Assessment Brief 2026

Unit 23 The English Legal System Assessment Brief

Unit in Brief

Learners will examine how the English legal system operates to resolve criminal and civil cases, and why businesses and individuals may require legal advice and representation.

Unit Introduction

Most businesses, whether large or small, require legal advice at some point. This unit involves researching current criminal and civil issues and cases, investigating the people involved in the operation of the legal system, and examining the impact of decisions made in court cases on businesses and individuals.

In this unit, you will examine the characteristics of criminal and civil law in order to determine situations that may result in court actions or settlement by alternative means. You will investigate the different courts in England and Wales and examine how they arrive at decisions. You will research case law, acts of parliament and European Union (EU) laws. You will explore how  different laws apply to everyone and how laws are used and applied to real-life cases.

This unit will give you an insight into the relevance and importance of law to the business sector. It will enable you to make an informed choice on the suitability of law as a specialism for study or employment.

Learning aims

In this unit you will:

A. Examine the jurisdiction of the courts, and their alternatives, in contributing to case outcomes

B. Investigate the role of the legal profession and lay people in contributing to case outcomes

C. Explore sources of law relevant for providing legal advice.

Summary of Unit

Content

Learning aim A: Examine the jurisdiction of the courts, and their alternatives, in contributing to case outcomes

A1 Meaning, purpose and terminology of the law

• Rights and duties, law and morality, law and rules.
• Purpose of law, e.g. protection, upholding rights, maintaining order, delivering justice, evaluation of effectiveness of the legal system.
• Differences between criminal law and civil law, purpose, remedies, punishment, parties to an action, standard of proof in criminal and civil cases.
• Specific terminology used in civil and criminal cases, case names, current cases, having an impact on business.

A2 The role and jurisdiction of criminal first instance and appeal courts

• Types of offences, including summary, either way and indictable offences, verdicts and potential consequences.
• The role and function of the magistrates’ court, Crown court, Court of Appeal, Supreme Court and Court of Justice of the European Union (CJEU).
• Magistrates’ court:
  ○ civil and criminal jurisdiction
  ○ summary trials
  ○ plea
  ○ either way cases
  ○ committal and youth court.
• Crown court:
  ○ jurisdiction
  ○ first
  ○ second and third tier.
• Court of Appeal:
  ○ criminal division
  ○ permission to appeal.
• Supreme Court:
  ○ jurisdiction for civil and criminal cases
  ○ permission to appeal.

A3 The role and jurisdiction of civil first instance and appeal courts

• Types of civil issues, case allocation, liability and potential consequences.
• The role and function of the county court, high court, Court of Appeal, Supreme Court and Court of Justice of the European Union.
• County court:
  ○ starting a claim
  ○ allocation to track
  ○ consequences of legal action.
• High court:
  ○ allocation
  ○ divisions
  ○ Civil Procedure Rules.
• Court of Appeal:
  ○ civil division
  ○ permission to appeal.
• Supreme Court:
  ○ jurisdiction for civil cases
  ○ permission to appeal.
• The Court of Justice of the European Union:
  ○ the main court
  ○ the general court
  ○ civil service tribunal
  ○ judicial and supervisory role.
• Application and evaluation of roles and jurisdictions to case decisions, both civil and criminal.

A4 Alternative dispute resolution (ADR)

• Tribunals, arbitration, mediation, conciliation, negotiation.
• Comparison with each other and with civil courts, advantages, disadvantages.
• Issues, e.g. cost, time, privacy, appeals, formality, representation, accessibility, appropriateness.

Learning aim B: Investigate the role of the legal profession and lay people in contributing to case outcomes

B1 Different types of judges and their roles

• The judicial hierarchy.
• Appointment, selection, skills, training and roles.
• Ceasing to be a judge.
• Application and evaluation of roles and jurisdictions to case decisions, in civil and criminal courts and ADR.

B2 Different types of lawyers and their roles

• Solicitors and barristers:
  ○ work
  ○ roles
  ○ skills
  ○ differences
  ○ training and qualifications.
• Paralegals, roles.
• Application and evaluation of roles and jurisdictions to case decisions, in civil and criminal courts and ADR.

B3 Participation of lay people and their roles

• Juries:
  ○ selection
  ○ eligibility
  ○ role in criminal and civil cases.
• Magistrates:
  ○ selection
  ○ appointment
  ○ training and role.
• Evaluation of the roles, use, their place in the court system and in ADR.

Learning aim C: Explore sources of law relevant for providing legal advice

C1 Judicial precedent

• How it works, binding, persuasive, distinguishing, overruling, reversing.
• Advantages and disadvantages, evaluation and application.

C2 How acts of Parliament are created and applied to cases

• The legislative process.
• Delegated legislation.
• Statutory interpretation, rules and aids to interpretation, evaluation and application.

C3 Types of European legislation and their influence on domestic law

• Types of European legislation, law making in the European Union and impact on domestic law.
• Evaluation of influence and impact, and application.

Assessment Criteria

Essential information for assignments

The recommended structure of assessment is shown in the unit summary along with suitable forms of evidence. Section 6 gives information on setting assignments and there is further information on our website.

There is a maximum number of two summative assignments for this unit. The relationship of the learning aims and criteria is:

Learning aims: A and B (A.P1, A.P2, B.P3, B.P4, A.M1, B.M2, A.D1, B.D2)

Learning aim: C (C.P5, C.P6, C.M3, C.D3)

Further information for teachers and assessors

Resource requirements

For this unit, learners will need access to law reports and statutes.

Essential information for assessment decisions

It is essential that learners do not copy large sections of information from textbooks or websites. Centres need to prepare a variety of detailed case studies or scenarios, which allow learners to use their own words and fully demonstrate their understanding and application of the law and its processes using problem-solving, decision-making, analytical and critical-thinking skills. It is also essential that learners reference all sources correctly. If a presentation format is selected a detailed observation sheet must be provided for each verbal presentation for each learner.

To have first-hand experience as a basis for their evaluation, it is desirable that learners attend and watch cases in different courts, and see the process and personnel in action. Court staff, local solicitors and barristers are often willing to speak to learners. If a presentation format is selected, a detailed observation sheet must be provided for each verbal presentation for each learner.

Learning aims A and B

For distinction standard, learners will support their advice and judgements on jurisdictions, appeals ADR, personnel and roles with a comprehensive discussion and evaluation. Learners must include individual and original examples to demonstrate clear understanding and justification of their arguments and conclusion. Advice will be detailed, professional and presented appropriately.

For merit standard, learners will demonstrate a clear understanding of the courts, appeals, ADR and personnel. Their advice, communication and application will be professional, showing understanding and appropriate application, accurately covering both first instance and appellate situations and personnel. They will demonstrate good analytical skills covering all roles, actions and outcomes.

For pass standard, learners will demonstrate in their submission that their work is professional and appropriate, showing basic but clear understanding and application of where cases are dealt with at first instance, although some of the finer points of appellate jurisdictions may not be fully evidenced. They will show clear understanding and application relating to personnel and their roles. If making a verbal presentation, learners will be prepared to answer audience questions, and show a firm grasp and understanding of the information presented.

Learning aim C

For distinction standard, learners will provide an evaluation based on the application of precedent and statutory interpretation to case study. The work will be professional and show clear application, explanation and understanding. The supporting materials must be comprehensive, including clear examples of binding, persuasive, distinguishing, reversing and overruling precedents, together with some basic understanding and application of statutory interpretation rules.

For merit standard, learners will demonstrate individual analysis of the impact EU laws have on domestic laws in given scenarios. Learners will explain the distinction between the application of the various forms of EU laws, such as directives and regulations and be able to describe how concepts such as direct effect and supremacy of EU law would impact on domestic laws.

For pass standard, learners will demonstrate their knowledge of the legislative process by explaining how it would apply to given scenarios. Through these scenarios, learners will be able to explain what happens at each of the different stages of the legislative process and demonstrate their understanding of the distinction between the different types of Bill. Learners will also be able to explain the various forms of delegated legislation and identify which would be the most appropriate form in given scenarios. Learners should support their explanation of both the legislative process and delegated legislation with reference to appropriate examples.

Learners are also required to demonstrate their understanding of how legal rules are interpreted and created by judges. Learners will be able to explain the operation of judicial precedent and demonstrate their understanding of the distinction between a binding and persuasive precedent. They will apply in given scenarios the methods by which judges are able to avoid a binding precedent through overruling, distinguishing and reversing. For statutory interpretation, learners will be able to explain the various methods used by judges to interpret a statute, including the rules of interpretation and the rules of language. Learners will be able to apply in given scenarios which methods of statutory interpretation will be the most suitable. Once again, the application of the rules of statutory interpretation and judicial precedent should be supported by reference to examples, such as case law.

Links to other units

This unit links to:

• Unit 24: Employment Law
• Unit 25 Aspects of Civil Liability Affecting Business
• Unit 26: Aspects of Criminal Law Impacting on Business and Individuals

Employer Involvement

Centres may involve employers in the delivery of this unit if there are local opportunities.

This unit would benefit from employer involvement in the form of:

• guest speakers
• participation in audience assessment of presentations
• design/ideas to contribute to unit assignment/case study/project materials
• work experience
• business materials as exemplars
• support from local business staff as mentors.

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