2BL Sources of Scots Law

cait_milne
Flashcards by cait_milne, updated more than 1 year ago
cait_milne
Created by cait_milne about 5 years ago
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Flashcards on 2BL Sources of Scots Law, created by cait_milne on 02/04/2016.

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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
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