HND商法导论

Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision. The common law has developed by broadening down from precedent to precedent1.A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed.In giving judgment in a case, the judge will set out the facts of the case, state the law applicable to the facts and then provide his or her decision. It is only the ratio decidendi (the legal reasoning or ground for the judicial decision) which is binding on later courts under the system of judicial precedent.2. A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis(to stand upon decisions) and by which precedents are authoritative and binding and must be followed.In giving judgment in a case, the judge will set out the facts of the case, state the law applicable to the facts and then provide his or her decision. It is only the ratio decidendi (the legal reasoning or ground for the judicial decision) which is binding on later courts under the system of judicial precedent.England law1. Complaints to a tribunalThe way to enforce a claim for unfair dismissal is at an employment tribunal. An employee who is dismissed may also have breach of contract claim(s), based on common law. Common law claim(s) may be brought in a county court.Employment tribunals are spread around the country, in most towns. The right to bring a case falls under Part X, Chapter 2, s.111.2.BENEFITS FOR MEMBERSNormal retirement pensionE1.—(1) A member who retires from pensionable employment at any time on or after attaining age 60 is entitled to a pension under this regulation at a yearly rate of 1/80th of final year’s pensionable pay for each complete year of pensionable service, plus the relevant daily proportion of that rate for each additional day of such service.(2) A member who stays in pensionable employment until age 75 is entitled to receive a pension under this regulation at that age even if that member does not retire from such employment. (3) Subject to paragraph (4), where a member who leaves pensionable employment on or after1st April 2008 becomes entitled to a pension under this regulation, the Scottish Ministers may discharge their liability for that pension by the payment of a lump sum of an amount consistent—(a) with the contracting-out and preservation requirements of the 1993 Act; and(b) the lump sum rule.-----------------------------------------------------The National Health Service Superannuation Scheme(Scotland) Regulations 2011 No. 1173. Possession of false identity documents etc with improper intention(1)It is an offence for a person (“P”) with an improper intention to have in P's possessi on or under P's control—(a)an identity document that is false and that P knows or believes to be false,(b)an identity document that was improperly obtained and that P knows or believes to have been improperly obtained, or(c)an identity document that relates to someone else.(2)Each of the following is an improper intention—(a)the intention of using the document for establishing personal information about P;(b)the intention of allowing or inducing another to use it for establishing, ascertaining or verifying personal information about P or anyone else.(3)In subsection (2)(b) the reference to P or anyone else does not include, in the case of a document within subsection (1)(c), the individual to whom it relates.(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).------------------------Identity Documents Act (Scotland) 20104.Rules under this section may apply to short selling wholly outside the United Kingdom by persons outside the United Kingdom, but only in so far as the rules relate to UK financial instruments---------------------In the Financial Services and Markets Act 2000 .131B Short selling rules5. Preliminary consultation(1)Before a Minister makes an order under section 1, he shall—(a)consult such organisations as appear to him to be representative of interests substantially affected by his proposals,(b)where his proposals relate to the functions of one or more statutory bodies, consult those bodies, or organisations which appear to him to be representative of those bodies,(c)in such cases as he considers appropriate, consult the Law Commission or the Scottish Law Commission,(d)where the provision made by the order would extend to Wales, consult the National Assembly for Wales, and(e)consult such other persons as he considers appropriate.(2)In subsection (1) “statutory body” means—(a)a body established by an enactment or by any instrument made under an enactment, or(b)the holder of any office so established.(3)If it appears to the Minister, as a result of the consultation required by subsection (1), that it is appropriate to vary the whole or any part of his proposals, he shall undertake such further consultation with respect to the variations as appears to him to be appropriate.(4)If, before the day on which this Act is passed, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of subsection (1), those requirements shall to that extent be taken to have been satisfied.------------------------------------------------------Regulatory Reform Act 2001.CHAPTER 66. (a) any criminal offence in connection with a claim for a relevant social security benefit;(b) any criminal offence in connection with the receipt or payment of any amount by way of such a benefit;------------------------(benefit offence).Social Security Fraud Act 2001。