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Business Law Outcome

Autor:   •  March 14, 2011  •  Essay  •  487 Words (2 Pages)  •  3,014 Views

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the main sources of Scots Law are; European legislation,UK Legislation(Westminister),Scitish Legislation(Holyrood),Judical Precedent, Institutional writers, Custom, Equity

What is meant by the doctrine of judicial precedent;Judicial Precedent is the most important source of common law. I's called Case law, is made by judges in the course of deciding cases.To be regarded as common law these decisions must made by superior court.

give one example of judicial precedent-is the case of Donoghue v Stevenson.

the advantages of judicial precedent are- Certainty-lawyer can consult law reports to see what the law is on a particular issue and so are better able to advise their clients. Consistency- the use of precendents can help ensure consistency and so help maintain equality of treatment. Orderly development- judges will extend/limit a principle of law established in an earlier case so developing that principle in an orderly way.DISADVANAGES.Rigidity-lack of flexibility may lead to the law failing to keep up with the changes of attitude in society. Artificial distinctions- the judicial precedent applicable to a current case may not be appropriate in the circumstances and the judge may feel it would be unjust to apply it.The judge may then seek to distinguish elements of the 2 cases in such a way as to draw artificial distinctions between them. Difficult to find- it may be difficult to decide what the precedent is but it may also be difficult to find a precedent among the many thousands of reported cases.

List in order of precedence the Parliaments which can pass legislation for Scotland.-European Parliament, Westminister,Holiyrood.

Explain your choice of answer-European Parliament controls all countries of European Union, UK is part of European Union and Scotland is the part of UK, that is why I have used this hierarchy.

What is statute?-Formal


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