Mock Assessment

1) What are the sources of Scottish legal system?

 Acts of Parliament and Legislation (UK)
 Common Law
 European Law
 Institutional writings
 Customs
 Legal precedent

2) What kind of a role institutional writings play compared to customs?

Institutional writings are the works of writers who first brought together the principals of Scots
law into legal texts during 17th, 18thand 19th centuries, which now considered as the formal source
of law. In contrast customs displaces the general common law and only relevant to the legal
system within their culture in Scotland. The origin of the customs are not known.

3) Name important institutions of European Union

 European Commission
 The Council of the European Union
 The European Parliament
 The European Court of Justice

4) Explain the role of the abovementioned institutions

 European Commission – Originate and draft all the proposals for law.
 The Council of the European Union – Has the final say on European Union legislation.
Shares power with the European Parliament in approving or rejecting laws from the
Commission.
 The European Parliament – Debates legislations, can pass or reject laws, and it can also
make amendments and veto laws. Laws must also be passed by the Council of EU in
order to become law.
  The European Court of Justice – Interprets and enforcing the European Union Law to
make sure it is applied in the same way in all European Union countries, and settles legal
disputes between national governments and European Union Institutions.

5) Are customs having an important role as a source now a days and give reasons for
your answer?
Customs are unwritten rules which is one of the source of Scottish law. Customs contribute to
the legal system of the Scotland within their culture. It is regarded as the founding stone of the
legal system and basis of law. But the growth of society leads to diminishing vale of customs.
But still the customs play an important role as a source because customs are mainly common
consciousness of people and they should be accepted by the court as an authoritative guide.

6) Explain Common law with an example case law

Common law, also known as case law is law developed by the judges through decisions of courts
rather than through legislative statutes. This is done on the principal that it is unfair to treat
similar facts differently on different occasions. Common law binds with future decisions. In
cases where the parties disagree on what the law is, an idealized common law court to past
precedential decisions of relevant court.
Example: Imagining that I bring a case to court based upon injuries I got from a car accident. I
am suing the driver who was intoxicated when the accident happened. The judge, according to
common law, must decide whether the party is liable for my damages from the accident. The
judge will rely on the arguments and statements made during the case, as well as use prior
decisions whenever necessary to interpret any legal matters that come up. The decision of the
judge in this situation can be used for making decisions for similar cases in future.

7) Explain the role of judicial precedent and cite a case law for the same.
Judicial precedent provides the ability and power to create law and guidance for future decision
making for cases, using the past decisions. But the past and present/future case must be dealt
with the same point of law in order to be binding on other courts and cases. The authority of
judicial precedent depends on the seniority of the judge and the particular court where the
original decision is given.
Example: Smith v Governor and Company of the Bank of Scotland heard on 6 th February 1997 at
the House of Lord.

8) Which law becomes superior, EU law or Scots Law? Give reasons for your answer.
EU law becomes superior to Scots law.
EU law becomes supreme in any conflicting national law, because of the Supreme Status of EU.
Since Scotland is a member of EU, Scots law has also been affected by EU law under the
Treaties of the EU. So when some conflicts arises from national local law of Scotland, The EU
law becomes supreme.

9) How do you define secondary legislations and give examples for the same.
Secondary legislation is law created by ministers (or other bodies) without introducing a Bill in
Parliament under the powers given to them by an Act of Parliament. That law can be amended
quickly in an emergency.
Example: Governments often use secondary legislation to ban new substances in response to new
information about their dangers by adding them to a list under the misuse of Drugs Act 1971.
Other examples are By-laws, Orders in council, Statutory Instruments.