HND商法报告

Business Law

Section A

1.1 Legislation:

The term ‘legislation’ refers to parliament law is Act of Westminster Parliament or the Scottish Parliament. The phrase can also refer to Regulations ( usually issued in the form of Statutory Instruments)which have been introduced by a Government Minister or other approved body but it is important to stress that these individuals or bodies derive their authority from one of the Parliaments.

1.2 Identify the three legislative bodies that can make laws for

Scotland

●Examples of EU legal rule:

Regulations: The member state of direct binding, not transformed into domestic law. Directives: Requests member within the specified time transformed into domestic law. Decisions; Recommendations; Opinions. ●UK Parliament

The British Parliament consists of the house of Commons ( Lords), ( house of Commons ), King together, the exercise of national supreme legislative power. The legislative powers are mainly: introduce bills; in the legislative process can delay the bill takes effect; judicial impeachment; exercise state the highest judicial authority. MPs elected by universal suffrage, a total of 659 members, elected for a term of 5 years. The legislative powers are: put forward important bill; first discussed, by bill; question; only by the house of Commons Finance Bill proposed and adopted by. The king is regarded as \Chao and governance \significance. In the legislative authority, the king approved and enacted laws; to develop civil service regulations; issued orders in Council and charter; convene, suspended parliament meeting; the dissolution of parliament; appointment of officials.

●Scottish Parliament

The parliament of Scotland by 129 members of the parliament of Scotland. 129 members of Parliament will elect one of them served as Council Chairman and elected two, served as Deputy Council chairman.

Parliament President and two vice president of Parliament is responsible for: presided over the council meetings convened and presided over the Council; board ( Parliamentary Bureau ) Conference; once won the election, the chairman of the parliament must be fair. Two vice president in presiding over the meeting must be fair; they did not preside over a meeting, can participate in parliamentary affairs. ●Delegated legislation

Known as the second legislation, can't mention abroad meeting case directly by other organizations or groups to establish, but must use parliamentary procedure. This means that, in case of emergency, the law can be quickly revised.

Example: Statutory instrument - orders in council; rules, the articles of association; Court of Session; The High Court.

The European Parliament has the highest power, British parliamentary power of some small, Scotland parliamentary authority than the British Parliament, the authorized legislation power minimum.

1.3 Scotland's parliament and the parliament of England legislative

structure.

Public and Private Bills:

Public bill: Proposed by MPs and Seek to affect the whole country.

Private bill: Proposed by non-governmental MPs; Only seek to affect a particular locality or a particular body of persons; Proposed by local authorities or private firms or bodies to acquire of additional powers by law. ●Scottish Parliament

Introduced as Executive Bill, Members Bill, Committee Bill, Private Bill. Stage One: general principles considered

Stage Two: content developed

Stage Three: Bill is scrutinized by Parliament

Royal Assent: Passed by the Monarch and bill becomes an Act ●Parliament of England

?Introduced by government MPs, known as Government Bills. ?First Reading: No discussion or Voting.

?Second Reading: Allows the House to debate bill in principle. ?Committee Stage: More detailed scrutiny.

?Report Stage: House considers bill in detail, examining the amendments and if necessary making further detailed changes.

?Third Reading: House must accept or reject the bill on principle.

?House of lords: Following the same procedure. Any amendments made, bill must go back to the Commons for assent. When both Houses totally agreed, bill moves to the final stage.

?Royal Assent-not given by Monarch in person but by Royal Commission.

Section B

2.1 (a) Judicial precedent can be seen as a process where by a judge must follow any decision that has been made by a higher court in a case with similar facts. Precedent refers to the previously established principles of law cases, court later cases, if have the same or similar precedent case, it will use the precedent established legal principle in handling cases.

(b) Example: Donoghue V Stevenson 1932 SC（HL）31 Daniels V White (1998)

Grant V Australian Knitting Mills (1936)

2.2 Distinguishing judicial precedents with legislation

Different forms, levels of authority and the law-maker.

Precedent is a decision after leaving the example, laws and regulations are statutory.

2.3 Doctrine of judicial precedent

This principle by the courts and Congress, instead, it is based on a court case and the decision. But not all decision-making have precedent authority, this must look at the original resolution gives judges and specific court hierarchy. The case must be discussed in the same legal point, thereby to other courts and case binding. Can mention \the inner chamber and the outer court and county court. A tribunal within the foreign court and county court constraint. These courts are binding precedent for other High Court precedent only guidance.

Section C

3.1 Institutional writing

The classical law writings are of established works, by the well-known law scholars, yet in some court cases have reference and reference value. When a case is not the law and precedent, from these writings found in the statement of authority. However, if the laws and regulations of copyright and ruling precedent when the conflict happens, by rules and precedents. Considering that there are a lot of regulations and ruling precedent, so now rarely used these famous works.

3.2 Differences between judicial precedent and institutional writing Different forms and authority.

Precedent judgment is completed by the example, and personnel of different form of

Chengdu, precedent law has more power than the classical writings.

3.3 James Dalrymple (Viscount stair) Sir Thomas Craig Baron David Hume

Section D

4.1 Custom

A custom is a practice which has been long and consistently recognized and so has acquired the force of law and now is rarely a source of new law. 4.2 Differences between judicial precedent and Custom Different forms and Authority.

Precedent has occurred and convicted of examples. Custom is something everyone to follow, so may not have happened. Precedent more authority and formal, so the judgement is right.

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