law assessment
Law Assessment
Outcome 1
1) List the main sources of Scots Law?
Legislation (Statute)
Judicial Precedent
Institutional Writers
Custom
2) List any four Acts of Parliament from within the UK
Statute of Westminster adoption Act 1942
Post-16 education Act 2013
4th road bridge 2013
National trusts act 2013
3) What is meant by the doctrine of judicial precedent and give an example?
Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with the seller, as she did not purchase the drinks. However a duty of care was owed.
4) Which is the superior legislative body: the Westminster Parliament or the Scottish Parliament? Explain your answer.
Westminster is the superior legislative body because they have higher power than the Scottish parliament, and they can make laws in more areas/departments. Also the Westminster Parliament is the parliament for a lot more places than the Scottish parliament.
5) List the main types of European legislation and explain when they take effect in Member States?
Regulations are the national law and are applicable in all EU countries.
Directives is the general rules into national law
Decision is about particular issues with peoples organisations.
Delegated legislation is executive authority under powers given by primary legislation to implement requirements of that part, made by not the legislature but with their authority.
6) In a conflict between Scots and European Union law, which one of the two legal systems are the Scottish Courts bound to follow? Explain your answer.
The Scottish courts are bound to follow the European Union Law, as they formed a contract with them stating they would follow their laws and their rules, the
Outcome 1
1) List the main sources of Scots Law?
Legislation (Statute)
Judicial Precedent
Institutional Writers
Custom
2) List any four Acts of Parliament from within the UK
Statute of Westminster adoption Act 1942
Post-16 education Act 2013
4th road bridge 2013
National trusts act 2013
3) What is meant by the doctrine of judicial precedent and give an example?
Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with the seller, as she did not purchase the drinks. However a duty of care was owed.
4) Which is the superior legislative body: the Westminster Parliament or the Scottish Parliament? Explain your answer.
Westminster is the superior legislative body because they have higher power than the Scottish parliament, and they can make laws in more areas/departments. Also the Westminster Parliament is the parliament for a lot more places than the Scottish parliament.
5) List the main types of European legislation and explain when they take effect in Member States?
Regulations are the national law and are applicable in all EU countries.
Directives is the general rules into national law
Decision is about particular issues with peoples organisations.
Delegated legislation is executive authority under powers given by primary legislation to implement requirements of that part, made by not the legislature but with their authority.
6) In a conflict between Scots and European Union law, which one of the two legal systems are the Scottish Courts bound to follow? Explain your answer.
The Scottish courts are bound to follow the European Union Law, as they formed a contract with them stating they would follow their laws and their rules, the