HND商法outcome1问题及答案

1.现代苏格兰法的渊源

Source Of Scotland Law

1.Statute 成文法 2.EU Law 欧盟法 3.Common Law 普通法

2.民法与刑法的区别The main differences between civil and criminal law are:

a. Criminal law is primarily used by the State as a means of maintaining law and order by punishing certain individuals who indulge in behaviour which is regarded as criminal and anti-social. The State uses the criminal law, therefore, to punish criminals on behalf of the community or society.

b. The civil justice system, in contrast with criminal law, aims to resolve legal disputes between private individuals in areas as wide-ranging as family law, company law, partnership law, banking and finance law, sale of goods and services, consumer law, personal injury claims, trusts, defamation actions, succession issues and divorce (消费者保护法，个人伤害索赔，信托，诽谤行动，继承问题和离婚).

c. Different courts, standards of proof and procedures exist

depending on whether we are talking about criminal action or a civil dispute. (we will discuss this more in later chapters)

3.成文法的定义

Acts of parliament are often referred to as legislation or statute law. the westminster parliament 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.

4.苏格兰议会与英国议会

body?

Which the Westminster

Parliament or the Scottish Parliament , is the superior legislative

(a)

The westminster（维特敏斯特——伦敦市的一个行政区 英国议会所在地） parliament (b)

1.After(the Act Of union in)1707,the new scottish parliament is not

completely/totally/fully

independent

（独立的）

(body/organization).

2.It's westminster parliament that gave scottish parliament.

3.Scotland can only make secondary legislation（法规法令）/can not make primary legislation.

4.Scotland parliament can abolish（废止）.

5.欧盟立法机关European Union Legislation(what are the four most important institutions of

the European Union and which of the European Union institutions has law-making powers?) (a)四个机构

1.The Commission European: A Supervision（监督）Role 2.The Council of Ministers (部长理事会 决策性的) 3.The European Parliament(建议性的) 4.The European Court of Justice (执法) (b)哪个机构有权利制定法律

1.the council of ministers and the european parliament have the power/authority to make law/advisory. 2.The EU commission can not make law. 3.The court enforces EU Law.法院实施欧盟法

6.The primary of European Union Law

Assuming three exists a conflict between scots and European Union law , which one of the two legal systems are the Scottish courts bound to follow? Why?

(a) 如果Scotland law与EU Law发生冲突 应该遵守？

The Scottish corts would have to obey/observe the European Law. (b) Why?

1.the EU Union have 27 member state,every state must to obey the EU Union's regulation. 2.

3. Scotland is a part member of the EU Union,so It must obey the EU Law,if UK decided get out of the EU Union,Scotland will not obey the EU Law.

7. 6个民事纠纷例子 Civil disputes

Employment law disputes e.g. unfair or wrongful dismissal claims

劳动法纠纷，如不公平的或者错误的解聘纠纷

Family law disputes (custody or adoption of children) 家庭法纠纷（孩子的监护或收养问题） Divorce or separation actions 离婚或分居诉讼 Debt recovery actions 债务清偿纠纷

Defamation of character 人格诽谤纠纷

Land disputes 土地纠纷

Winding up of a corporate body 公司解体纠纷

Succession disputes (wills) 继承/遗嘱纠纷

Personal injury claims 人身伤害纠纷 Contractual disputes 合同关系纠纷

8. 5个苏格兰使用的法律

Sale of goods act 1979 Employment right act 1996 Human right act 1998

Protection of children（scotland）act 2003 The healthy and safety at work act 1974 Abolition of feudal tenure （scotland）act 2000 The licensing （scotland）act 1976

9.什么是犯罪 What is a crime?

A crime is behaviour which is regarded as so reprehensible (应受

谴责) and which, consequently, threatens or undermines the

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