Unit 3

Question 1

Private Law (5)

Answer 1

• general principles
• law of persons
• law of obligations
• law of property
• law of actions

Question 2

Private Law concepts: Persons

Answer 2

• Persons-bearer or rights and duties
  - natural- actual people
  - juristic- companies, UoE

Question 3

Private Law concepts:

Answer 3

• persons
• patrimony
• acts
• rights

Question 4

Private Law concepts: Patrimony

Answer 4

• totality of a persons assets and liabilities
• assets>liabilities then they are insolvent
• 1 person 1 patrimony
• starts off empty

Question 5

Private Law Concepts: Acts (juridical)

Answer 5

• something that alters the legal universe

- contract

Question 6

Private Law Concepts: Rights

Answer 6

• people have rights which are not assets- non patrimonial rights- right to marry
• right to be paid damages is an asset and patrimonial right
• person rights are rights in persons eg obligations
• real rights are rights in things eg law of propery
• human rights are non patrimonial rights

Question 7

Capacity of natural persons

Answer 7

• anything, no limitations

- some restrictions eg young, prisoners

Question 8

Capacity of juristic persons

Answer 8

• no capacity to marry, vote
• limited liability
• for profit and non profit
• company is an object run by a subject

Question 9

Secondary Legislation

Answer 9

• still authorised by parliament

- usually in the form of statutory instrument

Question 10

Secondary Legislations: Acts of Sederunt

Answer 10

• statutory instrument which is made by the court of session proregulating civil procedure
• most statutory instruments have to be laid out infront of Parl. -not passed by Parl or would be a statute

Question 11

Secondary Legislation: Acts of Adjournal

Answer 11

• same as Acts of Sederunt but for high court of justiciary

- less common or important

Question 12

Retrospective Legislation

Answer 12

-alters the law from the past

Question 13

Henry viii clauses

Answer 13

-found in primary legislation a provision saying a statutory instrument can be made under the act which can amend primary legislation

Question 14

intra vires and ultra vires:

Answer 14

-within the power of gov’t to pass laws and outwith the power

Question 15

codification

Answer 15

• meant to express the law in an orderly way
• in UK a series of mini-codes
• Partnership Act 1890
• didnt win codification movement however a series of mini codes

Question 16

Until 1603:

Answer 16

• Scotland and England seperate- Sctoaldn subject to Roman Law tradition
• reformation 1560- before most legal issues taken to church courts now actual law in place (positive law)

Question 17

1603:

Answer 17

• union of crowns

- same monarch separate states

Question 18

1707;

Answer 18

• TOU
• separate legal system remained
• Union with Scotland Act (England)
• Union with England Act (Scotland)

Question 19

Devolution

Answer 19

• granting of limited governmental and legislative powers to part of a state
• sovereignty is not divided eg Scotland
• when Scotland passes an Act it is only under the Scotland Act 1998
• Parliament passes laws
• bicameral- two chambers eg UK parl
• unicameral- one chamber- eg Scottish parl

Question 20

Legislative Competence

Answer 20

Scotland Act 1998 s.29 - an act of the Scottish parl is not law so far as any provision of the act is outside the legislative competence of parl.

• Westminster still legislates for Scotland where no legislative competence
• S.A says Scottish parl cannot legislate contrary to Human Rights convention- void

Question 21

Advocates

Answer 21

• right of audience
• do not enter into partnerships
• give options, good quality advice

Question 22

Solicitors

Answer 22

• traditionally had rights of audience in sheriff court
• most transactional lawyers
• can qualify as solicitor advocates