1107134
Description
Mind Map by Gary Gilfedder, updated more than 1 year ago
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Created by Gary Gilfedder
almost 10 years ago
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Sources of Scots law
- Legislation
- UK and EU written law
- Primary legislation UK: Acts of Parliament
(also known as statutes) EU: Treaties
- Secondary legislation UK: Statutory
Instruments, Orders EU: Directives,
decisions, regulations
- Primary legislation UK: Acts of Parliament
(also known as statutes) EU: Treaties
- UK and EU written law
- Case law
- Precedent set by previous cases Obiter dicta only has persuasive value Stare decisis Let the decision stand Two
requirements In point Binding Donoghue v Stevenson 1932 AC 652 What is the ratio decidendi of this case?
- Precedent set by previous cases Obiter dicta only has persuasive value Stare decisis Let the decision stand Two
requirements In point Binding Donoghue v Stevenson 1932 AC 652 What is the ratio decidendi of this case?
- Institutional writings
- Written during period of development in Scots law 17-19th
centuries Eminent scholars elucidated rules of Scots law No
additions can now be made Erskine, Stair, Hume, Bell etc.
- Written during period of development in Scots law 17-19th
centuries Eminent scholars elucidated rules of Scots law No
additions can now be made Erskine, Stair, Hume, Bell etc.
- Custom
- Important in international law Determination of legal rules through
examination of accepted conduct Udal law a possible example?
Particularly important for private international law Merchants’ practices
influenced law
- Important in international law Determination of legal rules through
examination of accepted conduct Udal law a possible example?
Particularly important for private international law Merchants’ practices
influenced law
- Equitable jurisdiction
- Equity does not exist in Scotland as such However, declaratory power vested in Court of Session
and High Court Nobile officium Wan Ping Nam v Minister of Justice of German Federal Republic
1972 S.L.T. 220
- Equity does not exist in Scotland as such However, declaratory power vested in Court of Session
and High Court Nobile officium Wan Ping Nam v Minister of Justice of German Federal Republic
1972 S.L.T. 220
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