F4公司法與商法

在學(xué)習(xí)F4的時候，同學(xué)們一定要注重總結(jié)。因為公司法與商法其中也會含較大量的寫作，所以需要在學(xué)習(xí)和復(fù)習(xí)中逐漸培養(yǎng)寫作的邏輯和條理，那么總結(jié)就顯得尤為重要。網(wǎng)校就帶領(lǐng)學(xué)員們一起來總結(jié)一下F4的內(nèi)容。

公司法與商法的內(nèi)容一共可以分為八大塊的內(nèi)容，分別是Essential elements of the legal system, The law of obligations, Employment law, The formation and constitution of business organizations, Capital and the financing of companies, Management, administration and regulation of companies, Legal implication of companies in difficulty or in crisis和Governance and ethical issues relating to business。

在第一大部分Essential elements of the legal system中，同學(xué)們會接觸到The English legal system, Sources of English law和Human rights這三個內(nèi)容。其中，Sources of English law是每年都會著重考到的知識點，所以學(xué)員們要引起格外地注意。

一. The English legal system

1. ‘Law is a formal mechanism of social control’. Business law 5th Edition, David Kelly, Ann Holmes and Ruth Hayward.

2. Types of law: Common law and equity/Statute law/ Private law and public law/Criminal law and civil law.

3. System of court: civil court structure and criminal court structure.

Civil court structure: Migistrates’ Court/County Court/The Crown Court/The High Court/Court of Appeal/The supreme Court for the United Kingdom.

Criminal court structure: Migistrates’ Court/ The Crown Court/The Divisional Court of QBD/ Court of Appeal/ The supreme Court for the United Kingdom.

4. Tribunals.

二. Sources of English law

1. Case law and precedent: The first legal of law, consisting of decisions made in the courts, is case law, which is judge-made law based on the underlying principle of consistency. Once a legal principle is decided by an appropriate court it is a judicial precedent.

2. Ratio decidendi: Statement made by judges can be classified as ratio decidendi or obiter dicta.

3. Legislation: The second major source of law is legislation. This is also known as statute law and may take the form of Acts of Parliament or delegated legislation under the Acts.

4. Statutory interpretation: Legislation must be interpreted correctly before judges can apply it fairly. The literal, golden and mischief rules of interpretation developed over time. Nowadays a purposive approach is taken.

三. Human rights

1. The Human Rights Act 1998 is a key example of the influence of internal law in the UK.

2. The Human Rights Act 1988: The Human Rights Act 1998 incorporates the European Convention on Human Rights (the Convention) into UK domestic law. The impact of the legislation is pervasive in many areas of UK law.

3. Convention rights: The Human Rights Act protects a number of Convention Rights.

4. The impact of the Act: The Acts has had an impact on new legislation, statutory interpretation and the common law.