1 Sources of modern Scots Law.
Statute law,common law and European Union law
2 How do you describe the doctrine of judicial precedent? Examples of judicial precedent.
It means that a judge can make law when there aren't legislation or precedents for him to u to deal with the ca in his hand. In doing so, the judge or judges listen to arguments of all parties to decide which view of law is right. This ca is called test ca. They make their decision and then future judges should follow the reasoning in the test ca . Not all the judges have the authority to make precedents. Junior judges usually can not do this. Ruling made by superior court must be followed by lower court.
3 Which is more powerful: the Westminster Parliament or the Scottish Parliament? Why? The Westminster Parliament is superior. On the one hand, Scottish Parliament pass laws within the power conferred by the Westminster. On the other hand, the Westminster can abolish Scottish Parliament by passing an act.
神阙穴在哪里4 What is a statute?
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A statute is where a legislation is written down. A legislation made by parliament is called Act of Parliament, and also known as a statute.
5 Name five Acts of Parliame nt.
6 What are the main differences between civil and criminal law in Scotland? Criminal law is to maintain law and order by punishing criminals. The punishments includes imprisonment and fine and so on. Civil law is to resolve legal disputes between individuals such as divorce, personal injury, contractual disputes, sale of goods, etc. Criminal and civil cas are dealt with by different courts, who u different proof rules and follow different procedure.
7 What is a crime? (You should list four examples of criminal behaviour) A crime is a kind of behaviour which threatens or destroys social curity and should be punished by the state. Murder, rape, treason, theft, manslaughter, robbery, bribery, fraud, etc.
8 Examples of a civil dispute. Contractual disputes, employment disputes, debt recovery, divorce, personal injury, land diputes
9 If any conflicts between Scots and European Union Law, which one should the Scottish Courts foll
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ow? Why? European Union law. The UK is now a member of the EU. In order to enjoy the benefit as a member, the UK must obey the EU law. The UK has pasd an act to confirm its membership and accepted that the EU law shall be superior to its domestic law.
10 List the four most important institutions of the European Union and Which of them has law-making powers?
图片变线稿1 The Council of Ministers.
情势变更原则2 The European Parliament.
3 The European Court of Justice.
4 The European Commission.
The Council of Ministers and the European Parliament has law-making powers.
1 Examples of The European Union can make legal rules. Regulations, Directives, Decisions, Recommendations and Opinions
2 “the primacy of European Union Law”? It means that when there is a conflict between EU law and Scots law, a Scottish court implements the EU law instead of Scots law.
4 What is …legislation‟? Legislation refers to laws pasd by the parliaments. The laws are Acts of Parliament. Besides, there is delegated legislation, which is made by bodies lower than the parliaments and authorized by the parliaments.统筹兼顾
5 Which of the two legislative bodies is more important? The Westminster Parliament is more important than The Scottish Parliament.
6 What does the XXX (Scotland) Act mean? It means that this legislation is made by Scottish Parliament and applys to Scotland only.
8 What is the burden of proof in a criminal trial which a procutor must achieve in order to convict the accud? The procutor must clearly prove the accud is guilty beyond any reasonable doubt.钱学森老婆
情人蛋糕9 What is …common law‟? Common law is an important part of the unwritten law of Scotland. It includes judicial precedents, custom, equity and institutional writings.
