商法导论.doc

1. Distinguish between private and public law.2. Distinguish between civil law and criminal law. (1).Definition of criminal law: Criminal law is concerned with forbidding crimes which are certain forms of wrongful conducts and punishing those who engage in the prohibited acts.(2).Definition of civil law: Civil law deals with the private rights and obligations which arise between individuals.(3).Differences between criminal law and civil law.We can distinguish them on 7 aspectsconcerns/purposes/parties involved/courts/burden of proof/decision by court/sanctions.Firstly, criminal law is concerned with offenses against state, civil law is concerned with disputes between individuals.Secondly, criminal laws purpose is to preserve the social order by punishing the criminals, civil laws purpose is to remedy the suffered party caused by civil wrong.Thirdly, prosecutor（检察官）and defendant are involved in criminal law, plaintiff（原告）and defendant are involved in civil law.Fourthly, criminal courts deal with the criminal law incidents, civil courts deal with the civil law incidents. Fifthly, the prosecutor have to provide the proofs which beyond reasonable doubt, the claim have to keep the balance of probability.Sixthly, in the criminal law, a court decides the defendant is guilty or innocent. In the civil law, a court decides the defendant is liable or not liable for the loss.Seventhly, criminal laws sanctions include imprisonment and fine, civil laws sanctions include damages, rescission, injunction, specific implement.3. Give examples of civil laws and civil disputes.(1) Civil laws: contract law/tort law/property law are the civil laws.(2) Civil disputes: Contract disagreements/sexual harassment/labor disputes/partnership concerns/business agreements/corporate litigation/bankruptcy and insolvency/unpaid debts/wills disputes/property disputes.4. Define a crime and give examples of criminal cases.(1) Definition of crime: Anactionoraninstanceofnegligencethatisdeemed injurious to the public welfare or morals or to the interests of the stateandthatislegallyprohibited. (2) Examples: Arson/bribery/burglary/child abuse/child pornography/computer crime/credit or debit card fraud/disturbing the peace/domestic violence/drug cultivation and manufacturing 5. Distinguish between statute law and common law.Common law refers to the substantive law and procedural rules that have been created by the judges, through their decisions in the cases they have heard. Statute law refers to law that has been created by parliament in the form of legislation.Common law must comply with statute law. 6.Define common law and statute law(legislation, acts of parliament).7. Describe the main sources of Scottish law8. Identify the statutory sources of Scottish law.They are Acts of Parliament/Delegated Legislation/European Union Law.9. Define acts of parliament or legislation and provide some examples of acts. 10.Explain the relationship between the westminster parliament and the Scottish parliament. 11.Explain the relationship between Scottish law and EU law.12.Identify the main institutions of EU. (1).The European Council(Council of Ministers)欧洲理事会(2).The European Parliament欧洲议会(3).The European Commission欧洲委员会(4).The European Court of Justice欧洲法院13.Explain the main roles of each EU institutionEuropean Council and European Parliament must decide the legislative together.The European Commission must be responsible for supervision.The European Court of Justice must be responsible for the implementation of laws.14.Describe the EU legal system.European Union Legislation consists of primary legislation and secondary legislation, secondary legislation includes regulations(规则), directives(指引), decision(决议), recommendations(建议), opinions(意见)。15.Desc