Outcome1
1.Two main sources of Scots Law 苏格兰法律的两大主要来源
A: Statutory Sources of law成文法法源
Acts of Parliament议会立法: laws pasd by the UK and Scottish parliament known as Acts Delegated Legislation授权立法: laws pasd by bodies authorized by parliament European Union Law欧盟法:pasd by the European Union
B: Common Law Sources非成文法法源:
Judicial Precedent司法判例: the most influential of the common law sources, also known as Stare Decisis(遵循先例）.
Custom习惯法: A custom is a practice which has been long and consistently recognized and so has acquired the force of law. Custom is now rarely a source of new law.
Equity衡平法: basically means fairness or natural justice(自然公正).
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Institutional Writings法学著作: have less authority than legislation or judicial precedent. Institutional Writings is not as important as legislation or judicial precedent. Their main importance lies in the fact that they contributed to the orderly development of Scots law. 2.(a)What is meant by the doctrine of judicial precedent? 什么是司法先例原则？Judicial Precedent is the most influential of the common law sources, also known as Stare Decisis.
If a legal dispute(争论) or any other legal situation occurs and there is no provision in any Act of Parliament or any piece of delegated legislation to cover it, then the judge dealing with the dispute must make a decision which he es as fair and just. In such a situation therefore, the judge is actually making the law. He is creating a precedent and their decision will be followed in the future by other judges in similar cas. However, if legislation is pasd later which is contrary to the judicial decision, and then the legislation that is pasd later will overrule it. The operation of judicial precedent results in the creation of ‘ca law’(判例法). A group of cas exist which have established a particular point of law.
(b)Give an example of a judicial precedent.
Sim was the boss of Montro’s marketing department and his bar was advertid. Relevant turnove
r provided by Smith bad on posssion，Smith c ost £ 21600 to purcha the company. For some time after Smith got the property，Smith stated that he believed that Sim was guilty of fraud and lied about twice the actual turnover on the basis of the turnover provided by posssion. As it turns out, it's true.
Smith may terminate the contract becau Sim's misreprentation resulted in a material error (related to the subject matter). He can also apply for jeopardize compensation becau the statement is deceptive. He made a decision to continue the contract and claimed for £ 10000. The court of justice deemed that was equitable.
3.(a)Which is the superior(上级) legislative body: the Westminster Parliament or Scottish Parliament?
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The superior legislative body: The Westminster Parliament
(b)Explain your choice of answer in part (a) above.
By the Act of Union in 1707, Scotland and England formed the kingdom of Great Britain, since then the Scottish parliament is not a complete, independent legislative body. It is an inferior body in comp
arison to the Westminster Parliament, from which the Scottish Parliament derives(起源) its authority to pass laws for Scotland. Westminster Parliament has the right to
cancel the Scottish parliament on bill made by the legislation. Any legislation of the Scottish Parliament is considered to be condary legislation not primary legislation.
4.What is a statute(成文法)?
The consists of laws known as statutes or Acts of Parliament pasd by both the Hou of Commons(下议院) and Hou of Lords(上议院) and then given the Royal Asnt(王室同意). All statutes are divided into ctions, sub-ctions, paragraphs and sub-paragraphs for easy reference. All Statutes start as “bills”(法案) which can be either Public Bills or Private Bills.
5.Name five Acts of Parliament列举五项议会法案
Abolition of the police and arch warrant Sales Act 2001(Scotland)
Abolition of the Dog Fouling (Scotland) Act 2003
Animals (Scotland)Act 1987
The Succession (Scotland)Act 1964
The Divorce (Scotland)Act 1976
6.What are the main differences between civil and criminal law in Scotland?折水晶鞋
Civil law:
Civil law is concerned with noncriminal disputes(非刑事纠纷) and situations, including
the following:
·The ttlement of legal disputes between individuals and other bodies.(e.g. a divorce ca、succession继承、issues)
·The payment of compensation(补偿费) from one party to another for loss or injury.
·The tting of procedures to govern financial and other matters. 制定管理财务和其他事项的程序(e.g. the legal procedures to be followed when buying or lling a hou)
Criminal law:
Criminal law is primarily(主要地) ud by the State as a means of maintaining law and order by punishing certain individuals who indulge in behavior which is regarded as criminal and antisocial. The State us the criminal on behalf of the community or society.
刑法主要被国家用来作为维护法律和秩序的手段，惩罚某些纵容犯罪和反社会行为的个人。国家代表社会使用罪犯。
The main differences:
1.The regulated(约束的) relationships:
Civil law: Relationships between subjects of equal footing平等主体之间的关系
Criminal law: Relationships between subjects of unequal footing
组织鉴定
2.The burden:
Civil law: Compensation or other obligations(职责)
Criminal law: Punishment by State国家惩罚
3.The freedom of the subjects:
Civil law: Much freedom between the parties(当事人)
Criminal law: Mandatory强制性
7.What is a crime?
A crime is behavior which is regarded as so reprehensible(应受谴责的) and which, conquently(因此), threatens or undermines(破坏) the curity of society. Criminal behavior ought to be punished by the State by the imposition(实施) of a prison ntence(监禁刑罚) and fine or other sanction (制裁) on the person who is convicted(定罪) of a crime. Examples: assault(侵犯人身罪)、murder(谋杀)、fire-raising(纵火罪)、theft and fraud(盗窃和
欺诈)
8.Provide three examples of a civil dispute.
·Family law disputes such as custody(监护权) or adoption of children
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Land disputes such as trespass(非法侵入), nuisance(非法妨害), non-natural u of water, liability(责任) for animals
·Winding up(停业清理) of a corporate body(limited liability partnership合伙企业)in an insolvency(无力偿清债务) or bankruptcy(破产) situation.
9.(a)In a conflict between Scots and European Union Law, which one of the two legal systems are the Scottish Courts(法院) bound to follow?
健康果蔬汁In a conflict between Scots and European Union Law, the Scottish Courts would have to obey the European Union’s legal system.
(b)Explain your answer.
The European Union is an organization if twenty-ven member states, while the members in this organization must abide by the rules of the European Union Law system in order to enjoy the benefits. UK has been a member of the EU since 1st January 1973 as a result of passing of the European Communities(欧洲共同体) Act 1972 by the Westminster Parliament. This legislation recognizes (承认) the supremacy(最大权力) of European law over domestic law(国内法). So in a con
flict between Scots and European Union Law, the Scottish Courts would have to obey the European Union’s legal sy stem.
10.(a)What are the four most important institutions of the European Union?
安全过马路图片The Council of the European Union欧盟理事会
European Commission欧盟委员会
European Parliament欧洲议会
爱的起点European Court of Justice欧洲法院
(b)Which of the European Union institutions has law-making powers?
The Council of the European Union and European Parliament has law-making powers.
