business law 必威体育精装版.doc

1. What are the differences between Civil Law System and Common Law System?区别 1)The civil law is written law, but the common law is belong to the case law. 2)The civil law was uesd in most of European Country, for example Geman and France. The common Law is developed in UK, and used in the UK , USA, Astralia etc. 3)The main way of civil law is deduction. But in the common law system, it always according to the case. 2. List the main sources of Scottish Law. 介绍苏格兰法的主要来源 A: Statutory Sources of Law Acts of Parliament––––laws passed by the UK and Scottish Parliament known as Acts Delegated Legislation––––laws passed by bodies authorized by Parliament. European Union Law––––passed by the European Union B: Common Law Sources: Judicial Precedent–––– the most influential of the common law sources, also known as Stare Decisis. Custom––––A custom is a practice which has been long and consistently recognized and so has acquired the force of law. Custom is now rarely a source of new law. Equity––––basically means fairness or natural justice Institutional Writings––––have less authority than legislation or judicial precedent.Institutional Writings is not as important as legislation or judicial precedent. Their main importance lies in the fact that they contributed to the orderly development of Scots law. 3. Explain what is meant by the doctrine of judicial precedent? And Give an example of a judicial precedent.解释司法原则，举一个司法原则例子 Judicial Precedent is the most influential of the common law sources, also known as Stare Decisis. If a legal dispute or any other legal situation occurs and there is no provision in any Act of Parliament or any piece of delegated legislation to cover it, then the judge dealing with the dispute must make a decision which he sees as fair and just. In such a situation therefore, the judge is actually making the law—he is creating a precedent—and their decision will be followed in the future by other judges in similar cases. However, if legislation is passe