BUSINESS LAW OUTCOME 1 Essay

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BUSINESS LAW

1. Civil and criminal Law
Statute Law
European Legislation
Common Law

2. War Crimes Act 1991
Dangerous Dogs Act 1991
Human Tissue Act 2004
Health and Safety at Work Act 1974
Sex Discrimination Act 1975

3. Judicial Precedent is the most important element of common law. The doctrine of judicial precedent lies the principle of stare decisis (standing by decisions) the decisions of the higher courts are said to be binding on the lower courts. In other words, the judges sitting in lower courts are obliged to follow and apply the ruling of the superior court.
Example of judicial precedent for civil cases
European court of Justice |
Supreme Court of the UK (former House of Lords) |
Inner House of the Court of Session / \
Outer house of the court of session --- Sheriff courts

4. The UK westminster parliament is supreme in the law making process and the legislation is the highest source of law (other than EU) in this country.

5. EU Treaties (decisions), Regulations and Directives
It is tasked with interpreting EU law and ensuring its equal application across all EU member states

6. It will be the EU law the Scottish courts will have to follow as the EU is a family of democratic European countries committed to working together for peace and prosperity.

7. Council of ministers- Legislative Role
European Commission – Executive Role
European Parliament - Legislative/Advisory Role
European Court of Justice – European Union law, Highest

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