BusinessLaw1.pptVIP

c) Delegated Legislation: i. Statutory Instruments ii. Bylaws iii. Acts of Sederunt and Acts of Adjournal 1.3 Common law sources Judicial Precedent (Stare Decisis) Judicial Precedent or Stare Decisis is a part of the unwritten law of Scotland . It involves a process where by a judge or judges can develop a rule of law by making a decision in a test case. Once this decision has been made , future judges and courts will be expected to follow the reasoning laid down in the test case if they are dealing with a case which raises similar legal issues . It should be stressed that not every judge can make new, binding legal rule. The authority of the judge or the court will have to be considered. For precedent to be applied ,3 conditions should be met: i. That the case are “ in point “ ii. That the original decision was made in a higher court. iii. There is no legislation to cover this point. b) Custom A practice which has been long used over generations and acquired the force of law. c) Equity The judge use his sense of fairness when deciding on cases where there is no legislation to cover the question of law as the case being heard in court. d) Institutional Writings 1.4 The difference between Statutory Law and Common Law Statutory law is passed by parliament whereas common law has develop and evolved historically. Statutory law is written down in Acts of Parliament whereas many common law is not written down in statute and has acquired the force of law through custom and usage. Part 2-Scottish Civil Court System 1.5 Introduction to Civil Courts Function of Civil Courts: The Scottish civil courts exist in order to deal with civil disputes which can not be settled by any other means. General principal in civil lawsuit: The civil courts do not intervene in disputes between citizens unless one of the parties invokes the aid of the court by bringing an “action” in court against the other party. The parties to a civil case are known as the Pursuer (or Plaintiff )