1．List the main sources of modern Scots Law?
The main sources of modern Scots Law are statute law, European Union law and common law.
2. (a)What is meant by the doctrine of judicial precedent?(b) Plea give an example of a judicial precedent.
The doctrine of judicial precedent [stare decisis] involves such a process whereby a judge or judges can develop a rule of law by making a decision in a test ca.
A test ca is the very ca in which clarification of an important point of law is sought and judges, after listening to opposing legal arguments, will have to make the decision as to which view of the law is correct. Once this decision has been made, future judges and courts will be expected to follow the reasoning laid down in that test ca if they are dealing with a ca of similar legal issues.
However, it should be stresd that not every judge can make a new, binding legal ru
le. The authority of the judge or the court will have to be considered first all. It is very unlikely that Junior judges like a Sheriff or a Justice of the Peace will be able to create a new rule of law. On the other hand, if the ruling came from superior courts, for example, the High Court of Justiciary or the Hou of Lords, this decision would have to be followed by the lower or inferior courts. Therefore, the position of the court matters greatly.
Judicial precedent or ca law is part of the unwritten law of Scotland.
The well known ca of Donoghue v Stevenson [1932] could be ud as a good example of the doctrine of judicial precedent. (See 5.1.03 P.44)
3.(a) Which is the superior legislative body :the Westminster Parliament or the Scottish Parliament?(b) Explain your choice of answer in part above?
The superior legislative body is the Westminster (or United Kingdom) Parliament.
By the Act of Union in 1707, the previous Scottish Parliament was abolished. Ever since, the new Scottish Parliament is not a completely independent body. It is an inferior body in comparison to the Westminster Parliament, from which the Scottish Parliament derives its authority to pass laws for Scotland.
Any legislation of the Scottish Parliament is considered to be condary legislation NOT primary legislation. Surely a simple Act of the Westminster Parliament is all that it would take to abolish Scotland's Parliament, let alone the legislation by the latter.
4. What is a statute?
Acts of Parliament are often referred to as legislation or statute law. The Westminster Parliament (the national Parliament of the United Kingdom) alone made laws for Scotland until the creation of the Scottish Parliament, However, Westminster has given the Scottish Parliament authority in many different areas of policy to make statute law.
5. Name five Acts of Parliament.
You are free to name any five acts of either the Westminster or Scottish Parliaments, e.g. 1) the Health and Safety at Work Act 1974,
2) Sale of Goods Act 1979,
3) Employment Rights Act 1996,
4) Abolition of Feudal Tenure (Scotland) Act 2000
5) Protection of Children (Scotland) Act 2003
6) The Licensing (Scotland) Act 1975
7) The Divorce (Scotland) Act 1976.
.
6. What are the main differences between civil law and criminal law in Scotland?
The main differences are:
Criminal law is primarily ud by the State as a means of maintaining law and order by punishing certain individuals who indulge in such behavior that is regarded as criminal and anti-social. The State us the criminal law, therefore, to punish criminals on behalf of the community or society as a whole.
The civil justice system, in contrast with criminal law, aims to resolve legal disputes between private individuals in the areas as wide-ranging as family law, company law, partnership law, banking and finance law, sale of goods and rvices, consumer law, personal injury claims, trusts, defamation actions, succession issues and divorce.
What courts, standards of proof and procedures should be adopted for a certain ca then? It all depends on the nature of the ca - whether a criminal action or a civil dispute.
7. What is a crime? (You should list four examples of criminal behavior)
A crime is behavior which/that is regarded as so blameworthy and which, conquently/finally, threatens or undermines the curity of society. Criminal behavior ought to be punished by the state --- e.g. by means of the imposition of a prison ntence and/or fine or other sanction on the person who is convicted of a crime.
