General Legislation

Question 1

Define common law

Answer 1

Based in normal practice
Developed by judges through decisions of courts and similar tribunals
Involves duty of care

Question 2

Define civil law

Answer 2

Deals with disputes between individuals or organisations
Involves negligence
Based on individual counts

Question 3

Define statutory law & what it links to

Answer 3

Been made by an act of parliament
Government may introduce bill to update existing laws or develop new ones

VSA 1966, s3 amendment 2002

Question 4

Define a precedent

Answer 4

Past legal decision which has not been law before

Serves as authoritative rule in similar cases thereafter

Question 5

Define criminal law and what it links to

Answer 5

Deals with disputes between society* and individuals/organisations
*procurator fiscal (S) crown prosecution service (e)

Negligence re. Wet floor sign?
AHWA 2006
VSA 1966, s3a 2002?

Question 6

Variations between civil and criminal - civil main points (5)

Answer 6

Civil:
Case brought by individual/company
Case heard by up to 3 judges
Outcome based on counts
Monetary compensation - can settle OOC
Resolution 3-10yrs

Question 7

Variations between civil and criminal - criminal main points (5)

Answer 7

“Society” brings case to court
Heard by judge and jury
Outcome of innocent/guilty or NP in Scot
Custodial sentence/community payback order/fine or combo
Resolution 1-2yrs

Question 8

Example of precedent and main points

Answer 8

Donoghue vs Stevenson 1932

Unable to claim under “contract of sale”
Instead claimed damages for manufacturer negligence as breached duty of care

Laid foundation of modern law of negligence and established general principles of “duty of care”