Mock Assessment
1) What are the sources of Scottish legal system?
2) What kind of a role institutional writings play compared to customs?
3) Name important institutions of European Union
4) Explain the role of the above-mentioned institutions
5) Are customs having an important role as a source now a days and give reasons for your
answer?
6) Explain Common law with an example case law
7) Explain the role of judicial precedent and cite a case law for the same.
8) Which law becomes superior, EU law or Scots Law? Give reasons for your answer.
9) How do you define secondary legislations and give examples for the same?
Answers
1. Acts of Parliament and Legislation (UK)
Common Law
European Law
Institutional Writings
Customs
Legal Precedent
2. Institutional writings are a number of works by academic authors, called institutional
writers, have been identified as formal sources of law in Scotland since at least the 19th
century.
An institutional writer, legal custom as, “that which, without any express enactment by
the supreme power, derives force from its tacit consent. Which consent is presumed from
the inveterate or immemorial usage of the community.” Institutional writer as a source of
legal authority still features prominently. It is therefore worth reassessing the function of
the institutional writer in Scottish legal reality today. The idea of the “institutional writer
is theoretical notion and the proud of a historical development.
3. European Commission
The Council of the EU
The European Parliament
The European Court of Justice
, 4. European Commission: - This known as the initiator of EU legislation. All proposals for
law must originate and be drafted by the commission.
The council of the EU: - It has the final say on EU Legislation. It shares power with the
European Parliament in approving or rejecting laws from the commission.
The European Parliament: - This must be consulted when laws are being debated etc. It
shares power with the council in that it can approve, amend and veto laws.
The European Court of Justice: - It interprets the laws drafted and debated and approved
by the other institutions. The court clarifies the law for member states where there is a
dispute and with the commission can hear actions against natural and legal persons etc.
for non-compliance with the EU law.
5. Yes. Custom plays a significant part in law and is endorsed as part of the legal system.it
is not necessary to follow customs but it should exist in the community with the people
who living in the society. Sometimes customs can control the society to a certain extent.
Customs are different from community to community, country to country.
6. Common law is law developed by judges through decisions of courts rather than through
legislative statutes.
Example for case law- Bella, a tenant in a duplex owned by Alex, filed a civil lawsuit
against her landlord, claiming he had not given her enough notice before raising her rent,
citing a new state law that requires a minimum of 90 days’ notice. Alex argues that the
new law applies only to landlords of large multi-tenant properties. When the state court
hearing the case reviews the law, he finds that, while it mentions large multi-tenant
properties in some context, it is actually quite vague about whether the 90-day provision
applies to all landlords. The judge, based on the specific circumstances of Bella's case,
decides that all landlords are held to the 90-day notice requirement, and rules in Bella's
favour.
A year later, Lexi and Kate have a similar problem. When they sue their landlord, the
court must use the previous court’s decision in applying the law. This example of case
law refers to two cases heard in the state court, at the same level. The ruling of the first
court created case law that must be followed by other courts until or unless either new
law is created, or a higher court rule differently.
7. judicial precedent is the source of law where past decisions create law for judges to refer
back to for guidance in future cases. Not all court decisions have the authority of
precedent. It depends on the seniority of the judge and the particular court where the
original decisions are given.
1) What are the sources of Scottish legal system?
2) What kind of a role institutional writings play compared to customs?
3) Name important institutions of European Union
4) Explain the role of the above-mentioned institutions
5) Are customs having an important role as a source now a days and give reasons for your
answer?
6) Explain Common law with an example case law
7) Explain the role of judicial precedent and cite a case law for the same.
8) Which law becomes superior, EU law or Scots Law? Give reasons for your answer.
9) How do you define secondary legislations and give examples for the same?
Answers
1. Acts of Parliament and Legislation (UK)
Common Law
European Law
Institutional Writings
Customs
Legal Precedent
2. Institutional writings are a number of works by academic authors, called institutional
writers, have been identified as formal sources of law in Scotland since at least the 19th
century.
An institutional writer, legal custom as, “that which, without any express enactment by
the supreme power, derives force from its tacit consent. Which consent is presumed from
the inveterate or immemorial usage of the community.” Institutional writer as a source of
legal authority still features prominently. It is therefore worth reassessing the function of
the institutional writer in Scottish legal reality today. The idea of the “institutional writer
is theoretical notion and the proud of a historical development.
3. European Commission
The Council of the EU
The European Parliament
The European Court of Justice
, 4. European Commission: - This known as the initiator of EU legislation. All proposals for
law must originate and be drafted by the commission.
The council of the EU: - It has the final say on EU Legislation. It shares power with the
European Parliament in approving or rejecting laws from the commission.
The European Parliament: - This must be consulted when laws are being debated etc. It
shares power with the council in that it can approve, amend and veto laws.
The European Court of Justice: - It interprets the laws drafted and debated and approved
by the other institutions. The court clarifies the law for member states where there is a
dispute and with the commission can hear actions against natural and legal persons etc.
for non-compliance with the EU law.
5. Yes. Custom plays a significant part in law and is endorsed as part of the legal system.it
is not necessary to follow customs but it should exist in the community with the people
who living in the society. Sometimes customs can control the society to a certain extent.
Customs are different from community to community, country to country.
6. Common law is law developed by judges through decisions of courts rather than through
legislative statutes.
Example for case law- Bella, a tenant in a duplex owned by Alex, filed a civil lawsuit
against her landlord, claiming he had not given her enough notice before raising her rent,
citing a new state law that requires a minimum of 90 days’ notice. Alex argues that the
new law applies only to landlords of large multi-tenant properties. When the state court
hearing the case reviews the law, he finds that, while it mentions large multi-tenant
properties in some context, it is actually quite vague about whether the 90-day provision
applies to all landlords. The judge, based on the specific circumstances of Bella's case,
decides that all landlords are held to the 90-day notice requirement, and rules in Bella's
favour.
A year later, Lexi and Kate have a similar problem. When they sue their landlord, the
court must use the previous court’s decision in applying the law. This example of case
law refers to two cases heard in the state court, at the same level. The ruling of the first
court created case law that must be followed by other courts until or unless either new
law is created, or a higher court rule differently.
7. judicial precedent is the source of law where past decisions create law for judges to refer
back to for guidance in future cases. Not all court decisions have the authority of
precedent. It depends on the seniority of the judge and the particular court where the
original decisions are given.
