HND-商法导论 Outcome1答案

1 Sources of Scots Law are Statute Law European Union Law and Common Law 2 the licensing scotland act 1975 sale of goods act 1979 employment rights act 1996 the human rights act 1998 dog fouling scotland act 2003 3 family law disputes land disputes employment law disputes 4 UK parliament is the superior legislative body after theact of union in 1707 the new scttish parliament is not completely independent body uk parliament is primary 5 a crme is behavior which is harmful to society it will be punished for example murder rape theft fraud assault belong to crimes 6 it exists a conflict between scots and eu law the scottish courts would have to obey the eu s legal system eu is a club which has 27 member of the states britain is a member of the club so the britian must do its responesibility and give up their own law if the britain desided to quit the club the laws of the britain follow the domestic law 7 speaking exactly the council of ministers with the advice of european parliament cm and ep have the law making powers the european court of justice implement eu law the eu commission can propose laws effectively 8 act of parliament are often considered as legislation the statute is made uk parliament and the scottish parliament 9 A Judicial Precedent is a process involves a process whereby a judge can develop a rule of law by making a decision in a test case A test case refers to the one in which clarification of an important point of law is sought and judges after listening to opposite legal arguments will have to make the decision about which view of the law is correct B Once this decision has been made future judges and course will be expected to follow the reasoning in the test case if they are dealing with a case with similar legal issues C It not every judge can make a new binding legal rule The authority of the judge or court should be considered here if the judge is relatively junior he she will be unlikely to be able to create a new rule of law But on the other hand if the rule comes from superior courts this decision will be followed by the lower or inferior courts D Judicial precedent or case law is parts of the unwritten law of Scotland E Donoghue v Stevneson 1932 10 Criminal law is deals with all types of offences and crimes concerns itself with the recognition of what amounts to a crime and the punishments suitable for these recognized crimes Criminal conduct is the behavior which threatens the safety and security of the community So the offender should be punished by imprisonment or fine or some other sanctions Examples murder piracy fire raising assault fraud theft Civil law is concerned with non criminal disputes and situation The settlement of legal disputes between individuals and other bodies The payment