4432937
Description
Flashcards by cait_milne, updated more than 1 year ago
|
Created by cait_milne
about 8 years ago
|
|
| Question | Answer |
| Sources of Modern Scots Law | Statute of Legislation Common Law European Law |
| Public Bill | Apply to society as a whole |
| Private Bill | Apply to small group of people/ particular organisation, body -can decide to make it public |
| houses who approve a bill before it becomes law | The House of Commons The House of Lords Royal Assent |
| Power of the House of Lords | no power to deal with finance bills the entire house sits as a committee - they can make changes to a bill, but the commons can reject this. -they can only delay the passage of a bill |
| Scotland Act 1998 | The election of Parliament; its powers; first minister & scottish executive; powers mainly in social areas such as health and education. |
| Scotland Act 2012 | Increased powers of the scottish parliament: Income tax, speed limits etc. |
| The Sewel Motion | Scottish Parliament can ask Westminster to pass laws for Scotland. Westminster will introduce a bill/ act which covers the whole of the UK, not just Scotland Example - same sex marraige |
| How a Bill becomes law in Westminster | Types: Gov Bill & Member's Bill Process: the bill has to pass through both houses Committee system: less powerful Individual Members: less chance of success when introducing new bills |
| How a Bill becomes law in the Scottish Parliament | Types: Executive/ Committee/ Member'sBill Process: only one chamber Committee system: more powerful- can introduce a new bill Individual Members: more chance of success when introducing new bills |
| Types of Delegated Legislation (Statute) | Statutory Instruments Acts of Sederunt Acts of Adjournal By-Laws |
| Statutory Instruments | -Parent Act delegates power to gov minister to make new law -time saving for parliament -need to stay within the powers that the parent act gives |
| Acts of Sederunt | The court of Session can make laws which regulate the conduct of business in all the Scottish civil courts |
| Acts of Adjournal | THe high court of justiciary can introduce these acts to organise the business and procedures of the High Court of Justiciary & the lower Scottish criminal courts |
| By-laws | A parent act gives law-making powers to an inferior body - e.g. local councils |
| Judicial Precedent (Case Law) | -Decisions of superior courts/ or same level - persuasive precedents- lower courts/ english cases |
| Ratio Decidendi | 1st stage of judicial decision: -the actual legal rule established by the court case |
| Obiter dicta | -Statements or examples provided by the judge -not part of the judgement, they are not binding on future cases but merely persuasive |
| Judicial rules for interpreting statutory provisions | -literal rule (everyday meaning) -golden rule (literally- avoiding injustices) -mischief rule (what mischief is to be cured) -purposive rule (ref. purpose of leg) -contextual rule (in context) |
| institutional writings | -where there is no statute or legal precedent -the writings of influential scottish lawyers -often referenced for guidance |
| Custom | Practices well established very rare e.g murder |
Want to create your own Flashcards for free with GoConqr? Learn more.