BusinessLaw.ppt

BUSINESS LAW 1. Sources of Law 朱永锐律师 zhuyongrui2001@ Why we study law? Scottish law Introduction the framework of law within the business environment; a cursory knowledge of legal matters; three learning outcomes---3 parts. Three learning outcomes 3 Parts of this book Scottish legal system and the sources of law; Law of contract; Formation, management and dissolution of business enterprises. Scottish legal system  and the sources of law Sources of Scots Law Scottish Court System: Civil Scottish Court System: Criminal Legal Personel Part 1 Sources of Scots Law (1) Civil law Common law 1. civil---codified---civilian Roman law--France, Germany, PRC, etc.---deductive, apply general principles to the facts of a particular case. 2. common---precedent---Anglo-American law---US, UK, HK, etc.---inductive, the decisions lend thensleves to principle of law. Common law v common law! Common law v common law! 2 categories common law---civil law common law countries and civil law countries common law as compared with statutory and equity ‘common law’ refers to the numerous legal rules that form part of the unwritten laws of Scotland which have been handed down to us as customs and practices over the centuries. However, a major source of common law is the practice whereby judges make a judicial precedent when they sit in court and these judicial precedents are followed by other courts so that they in turn effectively become binding legal rules. It is worth pointing out that, in the modern era, many of our laws will now be in written form. Criminal and Civil Law ---  Criminal Law Criminal law deals with all types of offences and crimes. What amounts to a crime, and what punishments are suitable. Criminal law is primarily used by the State as a means of maintaining law and order by punishing