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Delict

Introduction, p. 1

1. What is the difference between private law and public law? Private law
regulates relations between private legal persons whether individuals o
corporations. Public law regulates relations between the individual and the
state
2. Provide an example of delict overlapping with criminal law. Murder.
3. What is the difference between culpa and mens rea? Culpa is fault under the
common law. Mens rea is mental fault under criminal law.

p. 2

4. In Scots law, what is a defender? A defendant


5. In a case of unintentional harm, what question must be asked? The question
is whether a reasonable person in the position of the defender would have
foreseen that their acts or omissions involved a risk of injury to the pursuer.
6. In a case of intentional harm, establishing culpa is dependent on what? It’s
dependant on knowledge that the defender ought to have possessed.

“The not-quite-obsolete doctrine of aemulatio vicini…serves to render an action


that might be excusable when done from a benign motive (typically use of one's
own property in such a way as disadvantages one's neighbour, like erecting an
eyesore (monstruosidad) or diverting a stream) as a delict (civil wrong) when
done out of spite (maldad) or in aemulationem vicini.”

http://www.oedilf.com/db/Lim.php?Word=aemulationem%20vicini

Obligations, p. 2

7. The Scotland Act 1998 s 126 (4) divides Scots private law into what
categories? Where do these categories originally come from? Private law is
divided into the law of persons, the law of property, the law of obligations
and the law of actions. these categories come from gaius’ institutes of A.D.
161.
8. What do you think is meant by negotiorum gestio? Business management

P. 3

Stair=James Dalrymple, 1st Viscount Stair, a seventeenth century Scottish jurist.


9. Delictual obligations may arise ex lege or ex culpa. What do these terms
mean? Ex lege means that the obligations arise from the law. Ex culpa means
that the obligations arise from fault or wrongdoing
10. What is an interdict (tipo de medida cautelar)? An interdict is a legal remedy to
make reparation for a positive or negative obligation as a consequence of
delictual conduct that has caused harm. court order that tells a person not to do
something or to stay away from you, your children or a specific place, such as
your house.

Obligations and property law, p. 3

11. If there is a contract for sale of goods and the seller does not deliver, what
remedy may the buyer seek? The buyer may seek specific implementation.
12. What do you think is meant by a real right? A real right is a right in a thing
13. What is the difference between ius in re and ius in personam? Ius in re is
concerned with the relationship between persons and things. Ius in
personam is concerned with the relationship between legal persons.

“Her Majesty's Advocate, known as the Lord Advocate (Scottish Gaelic: Morair
Tagraidh, Scots: Laird Advocat), is the chief legal officer of the Scottish
Government and the Crown in Scotland for both civil and criminal matters that fall
within the devolved (delegado) powers of the Scottish Parliament. He or she is the
chief public prosecutor for Scotland and all prosecutions (procesos)
on indictment (acusación) are conducted by the Crown Office and Procurator Fiscal
Service, nominally (practicamente) in the Lord Advocate's name.”

14. What do you think is meant by heritable property? Property inherited


through a will or gift.

15. What law governs the occupation of heritable property? delict

16. What area of law protects comfortable enjoyment of heritable property? The
law of nuisance

Rights and wrongs, p. 4

The structure of delict

Assythment: indemification for injury; satisfaction indemnización por lesiones

Circumvention (evasión): “Any act of fraud whereby a person is reduced to a


deed (acto) by decree.”[1] http://legal-dictionary.thefreedictionary.com
/circumvention

Spuilzie: plunder saqueo


Arrestment (embargo): (Law) Scots law the seizure (secuestro) of money or
property to prevent a debtor paying one creditor in advance of another
[2]http://www. thefreedictionary.com/arrestment

Deforcement: (usurpación) to withhold something by force from its rightful


(legítimo) owner

Lawburrow: a civil action in Scots law initiated by one person fearing violence
from another person

17. What is delict called in England? The law of torts

18. What were some of the earliest cases of delict? The earliest cases of delict
were brought by pursuers who had been injured falling down holes that had
been left in a state where there was no protection for the unwary pedestrian.

Damnum injuria datum, p. 5

19. What was the Lex Aquilia of (about) 287 BC? The lex aquilia provided a penal
action arising from the forcible destruction of certain types of property
including slaves.

20. What does the term damnum injuria datum actually mean? It means loss
caused by a wrong.

P. 6

21. What is solatium (daño emocional)? It’s a form of damages recoverable for
pain, suffering, inconvenience and affront (agravio).

22. If you have a noisy neighbour, what remedy do you have and what branch of
the law is this? The remedy is Interdict and the branch of law is the law of
property.

Culpa, p. 6

23. What is strict liability (objetiva) and which Act of Parliament is cited as
asserting (afirmar) it? Strict liability is no requirement on the pursuer to prove
fault. The act of parliament asserting it is the consumer protection act 1987.

24. Which Act of Parliament governs harm done by animals? Animals (Scotland)
act 1987.

25. Which case means that liability for nuisance rests (depender) on culpa? RHM
bakeries (Scotland) Ltd v strathclyde regional council.
26. What, in Roman law, was the difference between culpa and dolus? Culpa
meant negligence and dolus intended harm.

27. In modern times the concept of culpa is different. How? Culpa is given a
generic meaning which embraces both intentional and unintentional harm.

28. What is recklessness (imprudencia? It’s very likely harm to the pursuer but
the defender carries on regardless.

The Modern Law pp.7-8

29. When you sue in delict, does the delict in question have to fall under a
particular heading (rubro)? Theoretically no, but in practice yes.

30. Is there a comprehensive list of delicts? no

Liability for unintentional harm, p. 8

Introduction

31. Does the delict of negligence exist in Scots law? No it doesn’t

32. What do you think is meant by duty of care? The duty to look after things or
people.

33. What is a good example of an activity that gives rise to a duty of care?
Driving a vehicle

Essential steps in establishing liability for unintentional harm, p. 9

34. What is the difference between common law and statute law? Common law
is based on precedents and subordinate to statute law which is written
legislation.

35. What do the Consumer Protection Act 1987 and the Animals (Scotland) Act
1987 have in common? Both acts impose strict liability.

36. If a pursuer wants to sue for unintentional harm not covered by statute,
(s)he must prove a number of things at common law. What must (s)he prove? A
preexisting duty of care, the standard of care, causation and remoteness of
damage.

Development of the duty of care, p. 10

37. What were culpa lata, culpa levis and culpa levissima? Culpa lata is gross
negligence, culpa levis light negligence and culpa levissima is very slight
negligence
38 . What are the facts of the case in Donoghue v Stevenson? Mrs donoghue
drank a bottle of fizzy drink which had a decomposing snail and developed a
severe episode of gastro-enteritis. The manufacturer Stevenson owed her a
duty of care because he must have prevented the drink from being
unsuitable for consumption.

P.11

39. What important principle emerged? The neighbourhood principle. Avoid


injuring other people.

40. What implications has Donoghue had for the relationship between English
law and Scots law? The law of negligence has been viewed as the same in
England and Scotland and decisions of the house of lords in english cases
govern scots law and vice versa.

P. 12

41. Which case asserted liability for the acts of third parties? Dorset yacht co v
home office.

42. What is Lord Wilberforce’s two-part test? It’s a test for determining the
existence of a duty of care.

43. Since Murphy v Brentwood DC (District Council) has duty of care expanded
or contracted? It expanded because it is used as an instrument to limit the
scope of liability.

44. What tripartite test was laid down in Caparo Industries PLC v Dickman? a test
for a duty of care to be recognized by which harm to pursuer must be
reasonably foreseeable, the parties must be in a relationship of proximity and a
duty to be imposed must be fair, just and reasonable.

Establishing the duty of care: to whom is a duty of care owed? p.13

44. What happened in Bourhill v Young? A pregnant woman held that a


motorcyclist who had an accident owed her a duty of care for her miscarriage
because she said that the sound of the collision caused her a nervous shock. But
since the duty of care requires harm and proximity to be recognized, this was
not the case because she was safe and far from the accident.

45. What happened in Hill v Chief Constable of West Yorkshire? The mother of a
murderer’s final victim also expected the duty of care to be recognized because
it was reasonably foreseeable that young women in the leeds area could be
murdered. But the police, although it was negligent, had to protect all the
women in danger and not just one in particular.
P. 14

46. How is Gibson v Chief Constable of Strathclyde different? In this case, the
police did owe a duty of care to someone in particular because its negligence
led undoubtedly to their death.

Establishing Breach of duty: the standard of care, p. 14

47. What is the standard of care imposed by law? That of the reasonable man or
ordinarily careful person.

P.15

48. “The standard of care varies by situation but not by person.” Is this
statement accurate? Yes because some activities require a level of care that is a
little more mundane and other activities require the most elaborate precautions.

Establishing the breach of duty: the calculus risk, p. 15

49. Define, in your own words, what is meant by ‘the calculus of risk’. Whether
an accident is going to happen, its possible consequences and what precautions
could have been taken.

50. What happened in Brisco v Secretary of State for Scotland? A prison officer
contended that his employers owed him a duty of care because he was thrown
a heavy object and there was no instruction forbidding it. As the risk involved
was slight, the duty of care was not recognized.

Family Law

Legal Personality, p.1

1. What is legal personality? The concept whereby a person is recognized as


existing by the law that can perform juridical acts. Performance of juridical
acts by an entity.
2. Before birth a child does not have legal personality. Does this mean an
unborn fetus has no rights? Yes because it has to be borne to acquire rights.
3. What is the difference between common law and statute? Common law is
based on precedents and statute is written legislation.
4. What Acts of Parliament are relevant to abortion? The abortion act 1967 and
the human fertilization and embryology act 1990.
5. Look at the defences (oposición) for abortion at the top of p.2. For these
defences to be effective, do they have to be real? No.
6. How much protection does a child have from being harmed by its mother?
Not much, if the mother takes drugs, she can’t be forced to give it up, but if
she misbehaves during pregnancy, the child may be given to the social
services.
7. What is the nasciturus principle? It’s a way by which an unborn child is entitled
to succession rights if the father dies before the birth.

Age p. 3

8. If you are 14 and want to play video games instead of doing your
homework, your parents can stop you. At what age can they no longer stop
you? At twelve.
9. At what age can you consent to medical treatment? Under the age of 16

Gender p. 3

10. What is a civil partnership? It’s a legal status acquired by two persons of the
same sex similar to marriage.
11. What is an intersex person? It’s an individual who was born with mixed
gender characteristics.
12. What is a transsexual? It’s an individual whose physical characteristics, both
external and internal, are clearly of one gender but feels of the other gender.
13. What Act of Parliament was passed to recognize the rights of transsexuals? The
gender recognition act 2004.

Essential Cases p. 5

in utero: in the womb

Trs: trustees

Legacy: inheritance

Re: thing

Ward of court: A minor taken under the protection of a court

Feckless: irresponsible

Caesarean section: removal of a baby from a mother’s womb by incisions in the


abdomen

Quaere? : question
14. Which case affirmed the nasciturus principle? Cox’s trs v cox
15. In which case was it ruled (dictaminar) that the principle could not be
applied indirectly? Elliot v joicey
16. In which cases was it ruled that a father could not stop a mother from having an
abortion? Kelly v Kelly and paton vs uk

Creating the parent-child relationship p. 9

Note: artificial insemination, in vitro fertilization (test tube [probeta] babies),


embryo transfer

Creation through sexual intercourse p. 9

Note: presumption of paternity, rebuttable, proof on the balance of


probabilities

17. If a woman gives birth to a child and no one knows who the father is, who is
presumed to be the father? The man who is married to the mother at the
moment of the birth or the man who has acknowledged the child as his and
who is registered in the register of births as the father of the child.

Creation through infertility treatment pp. 9-10

18. How is it possible for a mother to have no genetic link with her child? Is she
still the mother legally? When she becomes pregnant though implantation
in her of an embryo created with another woman’s egg. Yes.
19. If the sperm used in fertility treatment comes from a donor, who is deemed
to be the father of the child? The mother’s partner.
20. Does it matter whether or not the woman is married? Yes because if she is
married her partner is deemed to be the father of the child otherwise her
partner is deemed to be the father of the child if the infertility treatment was
provided to both of them.
21. If you go to a sperm bank and donate sperm that subsequently gets “used”,
does that make you a father? no

Creation through court order p. 11

Note:

Surrogacy (alquiler de vientre) : the process of giving birth as a surrogate


(sustituta) mother; a woman who bears a child on behalf of another woman,
either from her own egg fertilized by the woman’s partner, or from the
implantation in her womb of a fertilized egg from the other woman.

The Adoption and Children (Scotland) Bill 2006 is now the Adoption and
Children (Scotland) Act 2007.
22. If you are a surrogate mother and you give birth to a child and then decide
you want to keep it, can you? yes
23. If you are an adult, can you be adopted? No, under scots law only a child
may be adopted, i.e. a person under the age of 18.
24. If you are a child, can you be adopted without your consent? No, consent is
necessary.

p. 12

25. Can you adopt if you are single? yes


26. If you are married or in a civil partnership, can you adopt as a single parent?
No, the spouses or partners have to adopt jointly.
27. Can you prevent your child being adopted by someone else? No except in
limited circumstances.
28. According to the Adoption (Scotland) Act 1978 s6, what is the paramount (más
importante) consideration when making an adoption order? The welfare of the
child

Essential Cases pp. 13-16

29. Problem question: Tomás and Milagros have infertility treatment where embryos
are created using his sperm and her eggs. Unfortunately they split up. The
embryos have not yet been implanted into Milagros and Tomás says he no longer
wants them to be used. Milagros says Tomás does not have the right to stop her
from founding a family. Quid iuris? (What is the law?) she has no right to found
a family against his wishes.

Bringing up children p. 17

30. If you are childless and don’t want parental responsibilities can they
nonetheless be imposed on you? Yes.
31. What is aliment and what law governs it? The parental obligation to provide
financially for the child. The family law (Scotland) act 1985
32. What Act of Parliament governs children’s rights? Children Scotland act
1995.
33. If Mr Ashraf wants to take his and Mrs Ashraf’s sons and go and live in
Pakistan, does he need Mrs Ashraf’s permission? Yes.
34. If Mrs Thomson does not live with Mr Thomson and wants to stop their son
Sam from contacting him, can she do so? No
35. Bob is 23 and studying Archaeology at Cambridge. His parents cut off their
financial support and say he’ll have to get a job to make ends meet. Can he do
anything about this? No, because child support ends at 16.

Essential Cases p. 21
36. If the Headmaster of a Christian school wants to implement corporal
punishment, can he do so? No because corporal punishment has been
banned.

Constitutional

The United Kingdom Constitution p. 1

1. What is the difference between a unitary constitution and a federal one?


Give examples of both. A unitary constitution is characterized by a single
sovereign legislature and a central government. E.g. UK. A federal
constitution is characterized by the entrenched allocation of powers to the
central or federal government and to regional governments. E.g. Canada,
USA, Germany
2. What is the concept of subsidiarity? Decentralization of government to
regional authorities. The distribution of powers in a federation by which the
regional units do not trespass on federal powers and vice versa.

P. 2

3. What was the effect of the Human Rights Act 1998? It incorporated into
national law the principal fundamental rights enshrined in the European
convention on human rights and gave a charter of positive rights directly
enforceable before the domestic courts.

P.3

4. What were the Bill of Rights and the Claim of Right? The bill of rights was one
of the acts contained in the revolutionary settlement passed in 1688 by the
English parliament which set forth the elementary legal rights of the subjects,
affirmed the ancient doctrine that the king was under the law, implied the
existence of a contract between the king and the nation and asserted the
sovereignty of parliament. Furthermore, it turned England into a limited
monarchy and began by asserting that james ii had sought the destruction of
the protestant religion and the laws and liberties of the country.

The claim of right was an Act passed by the Parliament of Scotland in April 1689
asserting the sovereignty of the old Scots Parliament and declaring that King
James VII had forfeited the throne because he had sought to change “the
fundamentall Constitution of the Kingdome from a legall limited monarchy to
ane Arbitrary Despotick power”. It also denounced King James VII as a “profest
papist”, asserted the duty of the king to maintain the Protestant religion and
disqualified any Catholic from being king or queen of the realm or from holding
any other office. In other words, it was the Scottish counterpart of the english
bill of rights.

P.4

5. What happened in R v Home Secretary ex parte Fayed (1997)? The home


secretary legally refused an application for citizenship without giving reasons
but the court held that he must give reasons.

6. In what situation may courts strike down (derogar) an Act of the Scottish
Parliament? When its enactments breach community law.

“Delegated legislation (also referred to as secondary legislation or subordinate


legislation or subsidiary legislation) is law made by an executive authority under
powers given to them by primary legislation in order to implement and administer
the requirements of that primary legislation. It is law made by a person or body
other than the legislature but with the legislature's authority.

Often, a legislature passes statutes that set out broad outlines and principles, and
delegates authority to an executive branch official to issue delegated legislation
that flesh out (dar contenido a) the details (substantive regulations) and provide
procedures for implementing the substantive provisions of the statute and
substantive regulations (procedural regulations). Delegated legislation can also be
changed faster than primary legislation so legislatures can delegate issues that may
need to be fine-tuned (afinar) through experience.” [1] http://en.wikipedia.org/wiki/
Delegated_legislation

Pp.4-5
7. What is a constitutional convention? It’s a non-legal rule that regulates the
conduct of the several members of the sovereign power.
Pp.5-6
8. Is it possible to break a constitutional convention? Yes.
9. What problems might arise if constitutional conventions were enacted as law?
Codification would be fraught with difficulty, the penumbra of doubt which
surrounds all rules, legal or non-legal would not be removed and the constitutional
order would be modified.
P.7
10. Name three institutional writers of Scots law. Stair, Erskine and hume

Westminster
The Meeting of Parliament p.7
11. “Parliament is summoned and dissolved by royal proclamation.” Is this
statement still true? Yes.

“Although annual sessions of Parliament had now begun, a Triennial Act in 1694
provided that Parliament should meet at least once every three years and should
not be longer than three years in duration.” [2] D.H. Wilson, p. 423

“The Fixed-term Parliaments Act 2011 (c. capítulo 14) is an Act of the Parliament
of the United Kingdom that introduced fixed-term elections for the first time to the
Westminster parliament. Under the provisions of the Act, parliamentary elections
must be held every five years, beginning in 2015. The Act received Royal Assent on
15 September 2011.”[3] http://en.wikipedia.org/wiki/Fixed-
term_Parliaments_Act_2011

P.8
12. What is the royal assent and how important is it? The royal assent is the
approval the queen gives to the bills to become laws.

The House of Lords p. 8

13. What effect did the House of Lords Act 1999 have on the number of hereditary
peers? The number of peers dropped from 762 to 90.
14. The Royal Commission on Reform of the House of Lords wanted to limit the
House’s membership to what number? 600
15. When the proposals of the Royal Commission were rejected, what body was
entrusted with reform of the House of Lords? An independent appointments
commission.

P.9
16. What effects of the Parliament Acts 1911 and 1949 are highlighted? The house
of commons dispensed with the consent of the lords to legislation in certain
circumstances and the lord’s delaying power reduced from two years to one.

The House of Commons p.9


17. What is the “first past the post” system? The relative majority system whereby
the candidate who receives the most votes in a constituency is elected to the seat.
18. What other voting systems are named? The single transferable vote system, the
additional member system and the alternative vote system.
P.10
19. What disqualifications (impedimentos) to membership of the House of
Commons are named? Being under the age of 21, a mental patient, in bankrupt and
convicted of a criminal offence carrying a custodial sentence if more than one year.
20. If you are a Roman Catholic priest, can you be a member of the House of
Commons? What Act of Parliament governs this? yes because the House of
Commons removal of clergy disqualification act 2001 provides that no person shall
be disqualified from being or being elected as a member of the house merely
because he has been ordained r is a minister of any religious denomination.

The Functions of Parliament


Providing and Sustaining a Government p.10

21. Can the House of Commons get rid of a Prime Minister? Yes when the
government lost their confidence.
22. If the government tries to pass a law and Parliament rejects it, does that mean
the government has to resign? No
23. What measures might a Prime Minister without a majority in the Commons take
to maintain himself in power? To enter into agreements with other parties.

P.11
24. MPs tend to conform to their party’s line. Is this a good thing? No.

Legislation p.11

25. What is the difference between a public bill and a private bill? A private bill is a
bill of a special kind for conferring particular powers or benefits on any person or
body of persons in excess of or in conflict with the general law. They are introduced
in parliament by parliamentary agents acting on behalf of the prospective
beneficiary of the legislation. After their second reading in each house, they are
considered by a select committee, which considers whether the special powers
sought are in order and in line with precedent. Any objectors to the bill are entitled
to be heard by the committee before it decides whether or not to accept it.
A public bill is a bill that relates to matters if general public interest and is
introduced either by an mp or a peer. All government legislation is enacted by
means of public bills. Government bills are sponsored by a minister and occupy the
greater part of parliamentary time each session. Private members’ bills proposed by
backbench mps undergo essentially the same procedure as government bills but
are more likely to fail for lack of time unless supported by the government.
26. May a bill be introduced in the House of Lords? Yes.
P.12
27. What is a standing (permanente) committee? It’s a detailed scrutiny of 20 mps
selected to reflect the party balance in the house.
28. What is the report stage? It’s the part of the legislative process when the bill is
reported to the house.
29. What might the House of Commons do if they think a bill is going to take too
long to discuss? Programme motions or allocation of time guillotine motions may
be moved, debated and voted upon by them.
30. Which kind of bill do the Lords have no power to delay or amend? A bill
certified by the speaker to be a money bill.
31. By contrast, over what bill do the Lords have a power of veto? Over private bills,
statutory instruments and bills to extend the life of parliament beyond its current
five-year term.

A Statutory Instrument (SI) is the principal form in which delegated legislation is


made in Great Britain.

“Statutory Instruments are governed by the Statutory Instruments Act 1946.[1] They
replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in
1948.

Most delegated legislation in Great Britain is made in the form of a Statutory


Instrument. (In Northern Ireland, delegated legislation is organised into Statutory
Rules, rather than Statutory Instruments.) The advent of devolution in 1999 resulted
in many powers to make Statutory Instruments being transferred to
the Scottish and Welsh governments, and oversight (supervision) to the Scottish
Parliament and National Assembly for Wales. Instruments made by the Scottish
Government are now classed separately as Scottish Statutory Instruments.”[4]
http://en.wikipedia.org/wiki/Statutory_Instrument_%28UK%29

32. What happened in R (Jackson) v HM Attorney General (2005)? A group of hunt


supporters challenged the validity of the parliament act 1949 and the 2004 act.
P.13
33. Are there any reasons to be dissatisfied with parliamentary scrutiny (examen) of
legislation? The effectiveness is limited, the use of pre-legislative consultation on
the policies and principles of legislative proposals should be greater and legislative
proposals are not properly considered with a more radical view of the way
parliamentary business is handled.
34. What are parliamentary questions? Questions put down for answer by ministers
to explain the government’s acts and decisions when the commons are sitting.
35. What are adjournment debates and what problem do they have? Debates
postponed at the close of public business in the commons. The problem is that
ministers have advance notice of the subject of debate and time to prepare their
defences.
36. What are departmental select committees? Select committees appointed for the
life of each parliament to examine the expenditure, administration and policy of the
main departments and public bodies associated with those departments.
P.14
37. What is the importance of the Freedom of Information Act 2000? It
strengthened the ability of mps to hold the government to account.

Scottish Affairs at Westminster p.14

Devolution (in this case): The creation of the Scottish Parliament and Scottish
Executive.
“What are devolved and reserved matters? Devolution is the transfer of powers
from a central to a regional authority. The Scotland Act 1998 (an Act of
the UK Parliament) created a Scottish Parliament and passed to it the
powers to make laws on a range of issues. These powers were extended
by the Scotland Act 2012. The issues upon which the Scottish Parliament
can make laws are known as devolved matters. However, some issues – in
general, those with a UK-wide or international impact – remain the
responsibility of the UK Parliament alone. The issues upon which only
the UK Parliament can make laws are known as reserved matters.”[5]
http://www.scottish.parliament.uk/visitandlearn /25488.aspx

38. What event of May 1999 has signified a change in the way Scottish affairs
are handled? The publication of a report entitled the procedural
consequences of devolution.
39. What is the Scottish Grand Committee? It’s a body comprising all Scottish
mps established in 1894 for the handling of Scottish business in the
House of Commons. Its functions include questions to Scottish office
ministers and Scottish law officers, short debates on Scottish matters,
considerations of the principles of Scottish legislation, debates on
negative o affirmative resolutions on statutory instruments and
adjournment debates.
P.15
40. What is the Select Committee on Scottish Affairs? It’s an 11-member body
established in 1979 whose purpose is to examine on behalf of the House
of Commons the expenditure administration and policy of the Scotland
office and associated public authorities and from time to time the
policies of the United Kingdom government departments as these affect
Scotland.
41. Since the establishment of the Scottish Parliament, parliamentary questions
that may be put to Scotland Office ministers must relate to what? To their
ministerial responsibilities.
Parliamentary Privilege p.15
42. On what issue has Parliament clashed with courts? On exclusive jurisdiction
over the existence and extent of its privileges and over breached of
privileges.

Freedom of speech p.15


43. What law gave MPs freedom of speech? The bill of rights 1688.

P.16

“Hansard is the traditional name of the verbatim (palabra por palabra)


transcripts of Parliamentary Debates in Britain and many Commonwealth
countries. It is named after Thomas Curson Hansard (1776-1833), a
London printer and publisher, who was the first official printer to the
parliament at Westminister.”[6] http://en.wikipedia.org/wiki/Hansard

44. Give an example of a way in which a court might use ministerial statements.
An mp states on television that Hitler did a favour to the jews in
Auschwitz so some people may be offended and file an action against
him.
45. “For any action to count as part of ‘proceedings in Parliament’ it must take
place at Westminster. “ Is this true? No because proceeding may take
place outside or nowhere near parliament.
P.17
46. What happened in the case Stockdale v Hansard (1839)? The commons
ordered hansard to publish defamatory material outside of parliament
because they said it was a privilege but the court ruled that each house
was not the sole judge of its own privileges.

Freedom from arrest p.17


Maintenance order: an order from a court to pay someone, normally a former
partner, for the maintenance of a child.
47. Can an MP be prosecuted for a criminal offence? Yes.
Exclusive right to regulate composition p.17
48. Can a peer be a member of the House of Commons? No
Exclusive cognizance (conocimiento) of internal affairs p.18
49. What cases show that courts are reluctant to investigate irregularities in
Parliament? Pickin v British railway board and bradlaugh v gossett.
Penal jurisdiction p.18
50. What is contempt (sanción) of Parliament? It’s an umbrella term for any
offences punishable by the house namely conduct which offends against
the authority and dignity of the house.