1. What are the main sources of Scots Business Law?
A: The main sources of Business Law are UK Parliament (West Minister), European Parliament and Scots Legislation. Also, the others are Judicial Precedent, Institutional Writers and Custom.
2. Judicial Precedent is Superior to Statutory Law. Do you agree with this statement?
A: I disagree; the judicial precedent is formed from a case law, it’s known to be the most important source in common law. A law which is implemented by the judges from a case outcome, if the case law from past outcomes is regularly used in future cases in court, then it is foreseen as ‘in active use’ by the court, therefore, the law is presented to the Superior | ...view middle of the document...
6.2 European Parliament:
A: They have 786 MEPs. They do not have full control over a legislation process, but if the council has a legislative proposal, and don’t inform and cooperate with the European Parliament, then they have the authority to stop the legislation from passing to statutory status.
6.3 European Commission:
A: They have no power in making laws, only propose ideas in law creation. But council and Parliament may proceed with other ideas. The European Commission have the power to take parties to court, where EU laws have been broken. So they make sure parties, Businesses and individuals follow the EU Laws that are put in place.
6.4 Court of Justice:
A: This is the court of justice, consisting of 27 judges, 8 Advocates – General. In a matter of appeal in EU law case, it is brought here. The Advocates – General presents opinions on the law matter, publicly and impartially. They help to form legal decisions on the matter, which then forms Judicial Precedent law.
7. What are the main differences between Civil and Criminal Law in Scotland?
A: In Civil Law cases, the wrongdoer is not exactly punished in court. It’s more likely to be redress by paying in compensation or the judge will harm the wrongdoer but to such an extent, in civil court case matters. Where, in Criminal Law cases, the judge usually applies Criminal Conviction charges, which is a definition of a punishment. The judge is to satisfy the public and let them know the retribution to criminal activity.
In criminal cases, the main source of punishment is incarceration for so many years. But it depends on the wrongdoer extent of criminality; the punishment will remain equally to Criminal court cases.
8. In a conflict between Scots and European Union Law, which one of the two legal systems are the Scottish Courts bound to Follow?
A: The Scottish Court, in a...