商法导论复习提纲.ppt

;Outcome1 考试简介;What is a crime?;Criminal behaviour ought to be punished by the State by the imposition of a prison sentence or fine or other sanction on the person who is convicted of a crime. 犯罪行为应该被惩罚，应由国家对犯罪的人施以监禁、罚金或者其他的惩罚。 ;Criminal behavior / Criminal conduct:;Civil dispute (民事纠纷）;3) Divorce or separation actions4)Contractual dispute5)Defamation（诽谤） of character.6)Land disputes7)Succession disputes(wills)8)Trusts9)Personal injury claims;Differences between civil law and criminal law in Scotland:; ;Different courts, standards of proof and procedures exist depending on whether we are talking about a criminal action or a civil dispute.;The main sources of modern Scots Law (现代苏格兰法的主要渊源）;1）Statutory Sources of Law(法律的成文法渊源）;2)Common Law Sources(普通法渊源）;Acts of parliament;Superior legislative body:;WHY?; It is the Westminster Parliament from which the Scottish Parliament derives its authority to pass laws for Scotland. Any legislation of the Scottish Parliament is considered to be secondary legislation not primary legislation. It should also be recalled that a simple Act of the Westminster Parliament is all that it would take to abolish Scotlands Parliament. 苏格兰议会制定在苏格兰实施的法律的权力来源于英国议会。所有由苏格兰议会通过的法律都被认为是二级法律而不是主体法例。此外应指出的是英国议会制定一个简单的条例就可以将废除苏格兰议会。 ;What is a statute?;The main institutions of EU(欧盟的组织机构）;Institutions have law-making powers:;The Primacy of EU Law欧盟法律的至上性;Reason:;Britain has been a member of the European Union since 1st January 1973 as a result of the passing of the European Communities Act 1972 by the Westminster Parliament. It is this legislation which recognises the supremacy（最高地位） of European law over domestic law. 英国议会1973年1月1日通过了1972欧洲共同体法案，英国成为了欧盟的成员国。这部法案认可了欧盟法相对于国内法的优先性。;By the time Britain became a mermber of the European Union in 1973, many of the key laws were already in place and Britain had to accept these as the price of membership of the European Union. If, however, Britain decided to withdraw from membership of the