scotbusinesslawOutcome1.ppt

Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,苏格兰,the map of united kingdom and Scotland,苏格兰的历史简介,苏格兰历史,历史上，苏格兰的文字记载大多源自,古罗马,占据,大不列颠岛,时期的纪录。当时，,英格兰,和,威尔士,是,罗马帝国,的一省份，称为,不列颠尼亚,（Britannia）。不列颠尼亚之北（也就是现今苏格兰的部分）被称为,加勒多尼亚,（Caledonia）不被古罗马所管辖，是,皮克特人,（Picts）居住的地区。,苏格兰地区的管理工作全都移交到位于,伦敦,西敏市,（Westminster）的,单一国会,来执行，该地的权益则透过国会里部分席次由苏格兰人担当来实行，只保留一些立法方面的相关机构分开处理。,1998年,时，英国政府根据,1997年,时通过的,公民投票,决议，公布了,苏格兰法案,（Scotland Act 1998），确定恢复消失了接近三百年的苏格兰议会。新的苏格兰议会将会拥有大部分地方事务的治理权，再加上局部税率调整空间,Business Law:An Introduction,1 Sources of Scots law and,the Scots Legal System,2 The Law of Contract,3 The formation,management,and dissolution of Business Enterprises,The learning material(case-principle-rule others),Find the answer based on the outcome of the unit,Examination and essay writing or the presentation or imitate court,Outcome 1,Sources,Court System,Legal Personnel,Sources of Scots Law,苏格兰法律渊源,Civil law and criminal law,What is law?,The classification of law,What is a crime and criminal law?List some examples of criminal conducts.,What is a civil dispute and give some examples.,What is the main differences between civil and criminal law in Scotland?,LAW,Law is a system of rules,usually enforced through a set of,institutions,.,It shapes,politics,economics,and,society,in numerous ways.,Contract law,Property law,Trust law,Tort,criminal law,Constitutional law,Administrative law,International law,Contract law,regulates everything from buying a bus ticket to trading,swaptions,on a,derivatives market,.,Property law,defines rights and obligations related to transfer and title of,personal,and,real property,for instance,in mortgaging or renting a home.,Trust law,applies to assets held for investment and financial security,such as pension funds.,Tort,law allows claims for compensation when someone or their,property,is injured or harmed.If the harm is criminalized in a penal code,criminal law,offers means by which the state prosecutes and punishes the perpetrator.,Constitutional law,provides a framework for creating laws,protecting peoples,human rights,and,electing,political representatives.,Administrative law,relates to the activities of administrative agencies of government.,International law,regulates affairs between sovereign,nation-states,in everything from,trade,to the,environment,to,military,action.,The basic two types of the law,criminal and civillaw law,Murder,Parking offences,Divorce case,Damaging claim due to being injured by faulty machinery at work,The legal procedures to be followed when buying or selling a house,Criminal law,A crime is any act or omission(of an act)in violation of a public law forbidding or commanding it.,.,Criminal law defines criminal offences and the penalties for convicted offenders.,The state uses the crimnal law to punish criminals on behalf of the community or society.,Civil law,The settlement of legal disputes between,individuals and other bodies,The payment of compensation from one party to another for loss or injury,The setting of procedures to govern financial and other matters,Criminal law,involves prosecution by the government of a person for an act that has been classified as a crime.,Apprehending,charging,and trying suspected offenders is regulated by the law of,criminal procedure,.,Civil cases,on the other hand,involve individuals and organizations seeking to resolve legal disputes through civil procedure.,In a criminal case,the state,through a prosecutor,initiates the suit,while in a civil case the victim brings the suit.,Persons convicted of a crime may be incarcerated,fined,or both.,However,persons found liable in a civil case may only have to give up property or pay money,but are not incarcerated.,Different courts,standards of proof and procedures exist depending on wether we are talking about a criminal action or a civil law.,More examples of crimes,Murder,assault,fraud,theft,.,Kidnapping,Terrorism,Drunk Driving,Software Piracy,Scotland：A Unique Law System,Why Unique?,Scottish Parliament has some law-making(legislative)powers(health and education)conferred by Westerminster Parliament,Why Unique?,Some difference to the rest of the UK,In property/damages/family law,The role of police in prosecution,The number of people on a jury,Lawyeradvocates-barristers,The right of appeal to the House of Lords in criminal law,The option of“not proven open to Scottish juries,Why Unique?,Scotland legal system has the composite characters of two legal systems(civil law and common law)compared to the rest of UK,Anglo-American and Romman Law,Deductive(France Germany),Inductive (England U.S.),The influence of Roman,English law and EC,Renaissance period,The union of parliaments,The entry to EC in the mid 1970s,Two main sources,Statutory Sources of law,Common law sources,Question,List the main sources of the scottish law?,Statutory Sources,Acts of parliament,Delegated Legislation,European Union Law,QUESTIONS,What is a statute?What does the regulation mean?,What are the two legislative bodies which can pass laws for the people of,scotland,and which one is the superior legislative body?Why?,List more than six acts of parliament.,What does(Scotland)in the title of legislative acts mean?,Legislative Bodies In UK,Parliament(UK and Scotland Parliament),Queen(or her privy council),Ministers of the Crown,Local authorities,Public corporations,Court of session,High court,A,statute,A,statute,is a formal written enactment of a,legislative,authority that governs a,country,state,city,or,county,.,The word is often used to distinguish,law,made by,legislative,bodies from the,judicial decisions,of the,common law,and the,regulations,issued by,Government agencies,.,As a source of,law,statutes are considered,primary authority,(as opposed to,secondary authority,).,Legislation,Legislation,(or,statutory law,)is law which has been,enacted,by a,legislature,or other,governing body,.,Statutory Legislation Passes by UK Parliament,The House of Commons,The House of Lords,Queen,Parliament of the United Kingdom,The,Parliament of the United Kingdom of Great Britain and Northern Ireland,is the supreme,legislative body,in the,United Kingdom,and,British overseas territories,.It alone has,parliamentary sovereignty,conferring it ultimate power over all other political bodies in the UK and its territories.At its head is the,Sovereign,Queen Elizabeth II,.,The two Houses meet in separate,chambers,in the,Palace of Westminster,(commonly known as the Houses of Parliament),in the,City of Westminster,in,London,.By,constitutional convention,all,government ministers,including the,Prime Minister,are members of the House of Commons or,less often,the House of Lords,and are thereby accountable to the respective branches of the legislature.,Statutory legislation passed by UK Parliament,House of Commons-,-House of lords-,Royal assent,Do all the acts from UK Parliament apply to the whole of UK?,Does the Licensing(Scotland)Act 1975 apply to Scotland only?,Statutory Sources of Law,Statutory sources:UKParliament,From Bills to Acts:,UK Parliament,Scottish Parliament,Public and Private Bills,What is public bill?,Proposed by MPs,Seek to affect the whole country,What is 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,From a Bill to an Act,First Reading Second Reading,Committee Stage Report Stage,Third Reading,House of Lords Royal assent,European Communities(Finance)Act 2008,(Special Provisions)Act 2008,Appropriation Act 2008,Criminal Justice and Immigration Act 2008,Channel Tunnel Rail Link(Supplementary Provisions)Act 2008,Child Maintenance and Other Payments Act 2008,European Union(Amendment)Act 2008,Appropriation(No.2)Act 2008,Sale of Student Loans Act 2008,Special Educational Needs(Information)Act 2008,Statute Law(Repeals)Act 2008,Regulatory Enforcement and Sanctions Act 2008,Criminal Evidence(Witness Anonymity)Act 2008,National Insurance Contributions Act 2008,Statutory Legislation Passed by Scottish Parliament,The Scotland Act 1998,Any topic not reserved to the UK Parliament,which covers the areas such as domestic policy,defense and national security,economic policy,employment and social security.,From a bill to a Scottish Act,Executive Bill-Ministers,Member Bill-A member of Scottish Parliament(MSP),Committee Bill-the Convenor of a Parliamentary Committee,Private Bill-an External person,company or group of people,Four stages,Stage One:general principles of the bill are considered,Stage Two;content of Bill is developed,Stage Three;Bill is scrutinized by parliament,Stage Four(Royal Assent):Passed by the Monarch and bill becomes an act,UK Parliament and Scottish Parliament,Power,The types of Bills,The procedure from a bill to a act,Delegated Legislation,Statutory Instruments,Bylaws,Acts of Sedurant and Acts of Adjournal,Statutory Sources:UK-Queen,Queen or her privy council-,-,Orders in Council,only in times of national emergency,rubber stamp,Statutory sources:UK,Ministers of the Crown,Ministers of the Crown,The civil Service Department of the Ministers of the Crown,Ministerial regulations,To fill in the technical details of an Act of Parliament,Orders in Council+Ministerial Regulations=,Statutory Instruments,Statutory sources:UK,Local authorities and public corporations,Bylaws-,Be confirmed by the Secretary of State for Scotland,Local authorities,local Government Scotland Act 1978,base on the local needs and conditions,Public corporations,Statutory sources:UKThe Scottish courts,The court of Session-to regulate procedure against decisions of the licensing board to the civil court-,Acts of sedurant,The high Court-to regulate procedure in the Scottish criminal courts-,Acts of adjournal,Statutory sources:UK,Question?,Does the Act of Sedurant or Adjournal affect the general public?,Statutory instruments+,Bylaws+,Acts of sedurant and Acts of Adjournal=,Delegated Legislation,EU Legislation,Questions,What is the structure of EU legislation?,Give some examples of legal rules maken by EU.,The understanding of the primary of EU law?,List the secondary law of the EU,The major institutions of the EU,Make a comparison of regulation and directives of the EU,Does the scotland have to follow the EU law?,The,European Union,(,EU,),The,European Union,(,EU,)is a political and economic union of twenty-seven,member states,located primarily in,Europe,.It was established by the,Treaty of Maastricht,in 1993 upon the foundations of the pre-existing,European Economic Community,.With almost 500million citizens,the EU combined generates an estimated 30%share of the worlds nominal,gross domestic product,(,US$,16.8 trillion in 2007).,Law of the European Union,The,Law of the European Union,is the unique legal system which operates alongside the laws of Member States of the,European Union,(EU).,EU,law,has direct effect within the legal systems of its Member States,and overrides national law in many areas,especially in terms of economic and social policy.,Law of the European Union,The EU is not a federal government,nor is it an intergovernmental organization.It constitutes a new legal order in international law for the mutual social and economic benefit of the Member States.It is sometimes classified as,supranational law,.,Passing of laws,European laws are passed by the,EU institutions,through a number of procedures.In nearly all cases the,European Commission,(the executive branch)has a monopoly on,legislative initiative,.In such situation the Commission sends draft legislation to the,Council of the European Union,and,European Parliament,for amendments and approval.The former body is composed of national government ministers and the latter by directly elected politicians.,Institutional acts,The European Parliament,the Commission and the Council of Ministers are empowered by the Treaties to legislate on all matters within the EUs competence.All EU legislation must be based on a specific Treaty article,which is referred to as the legal basis of the legislation.,Examples of this,secondary legislation,are,regulations,directives,decisions,recommendations,and,opinions,.,Regulations and directives bind everyone,while decisions only affect the parties to whom they are addressed(which can be individuals,corporations,or member states).,Regulations have direct effect,i.e.they are binding in and of themselves as part of national law,while directives require implementation by national legislation to be effective.,However,states that fail or refuse to implement directives as part of national law can be fined by the European Court of Justice.,Institutional acts,Secondary legislation also includes inter-institutional agreements,which are agreements made between,European Union,institutions clarifying their respective powers,especially in budgetary matters.,The,Parliament,Commission,and,Council,are capable of entering into such agreements.,The,European Constitution,would have codified EU law and reduced secondary legislation to six clear types:,EU laws,EU framework laws,decisions,regulations,recommendations,and,opinions,EU LAWS IN THE UNIT-Primary Legislation,Roman Treaty,The single European Act,Maastricht Treaty the treaty on European Union),Roman Treaty(1957),The Bible of the EC,It provides the ultimate authority for the greater parts of its decisions and responsibilities.,The single European Act 1986,In order to complete the Communitys internal market.,It amended several articles of the Treaty of Roman regarding voting procedures in the councils of the Ministers.,It enlarged the legislative powers of the European Parliament.,Maastricht Treaty the treaty on European Union 1992,Revision of the Roman Treaty throughlyaiming at the establishment of an economic and monetary Union and a political Union.,It extended or defined more precisely the Communitys competence in other policy areas and amended the powers of various EC institutions.,Maastricht Treaty the treaty on European Union 1992,The Treaty is extremely important in that it introduced the terms and conditions for the introduction of the Single Currency and the development of the European Treaties by drawing up the Treaty on European Union.,Maastricht Treaty the treaty on European Union 1992,It represents a new stage in European integration since it opens the way to political integration.,It creates a European Union consisting of three pillars:,the European Communities,Common Foreign and Security Policy(CFSP),and police and judicial cooperation in criminal matters(JHA).,The Treaty introduces the concept of European citizenship,reinforces the powers of the European Parliament and launches economic and monetary union(EMU).,Besides,the EEC becomes the European Community(EC).,The Institutions in EU,The commission,The council of Ministers,The EU Parliament,The EU Court of Justice,The Secondary Legislations,Regulations,Directives,Decisions,Reco