HND商法导论OUTCOME1答案.doc

Outcome Covered 1 Assessment task instructions Candidates will be given one closed-book exercise consisting of ten restricted response questions for the assessment of Outcome 1. This exercise should take candidates approximately 30-45 minutes to complete. 考生将获得1闭卷行使十个评估的结果1限制反应的问题组成。这项工作应采取的候选人约30-45分钟才能完成。 1 List the main sources of modern Scots Law. 1名单现代苏格兰法律的主要来源。 2(a) What is meant by the doctrine of judicial precedent? 2（一）什么是司法先例原则？ 2(b) Give an example of a judicial precedent. 2（b）给出了一个司法先例的例子。 3(a) Which is the superior legislative body: the Westminster Parliament or the Scottish Parliament? 3（一），这是上级立法机构：威斯敏斯特议会或苏格兰议会？ 3(b) Explain your choice of answer in part (a) above. 3（b）解释第（一）项的选择你的答案。 4 What is a statute? 4什么是法规？ 5 Name five Acts of Parliament. 5名五行为的议会。 6 What are the main differences between civil and criminal law in Scotland? 6什么是民法和刑法之间在苏格兰的主要区别？ 7 What is a crime? (You should list four examples of criminal behaviour) 7什么是犯罪？ （你应该列出四种犯罪行为的例子） 8 Provide three examples of a civil dispute.8提供三种民事纠纷的例子。 9(a) In a conflict between Scots and European Union Law, which one of the two legal systems are the Scottish Courts bound to follow?9在苏格兰和欧盟之间的法律，这两种法律制度的冲突引起的（a）是必然要遵循的苏格兰法庭 9(b) Explain your answer. 9（b）解释你的答案。 10(a) What are the four most important institutions of the European Union? 10（一）什么是四个最重要的欧盟机构？ 10(b) Which of the European Union institutions has law-making powers?？10（二）欧洲联盟各机构已制定法律的权力？ covered 1 Suggested solutions and making an assessment decision Question 1 The answer should state that the main sources of modern Scots Law are statute law, European Union law and common law. Question 2 (a) The answer should state that the doctrine of judicial precedent or stare decisis involves a process whereby a judge or judges can develop a rule of law by making a decision in a test case. A test case is one in which clarification of an important point of law is sought and judges, after listening to opposing legal arguments, will have to make the dec