THE SCOTTISH LEGAL SYSTEM PDF, EPUB, EBOOK

Hector Macqueen,Robin White,Ian Douglas Willock | 464 pages | 28 Feb 2013 | Bloomsbury Publishing PLC | 9781847667045 | English | London, The Scottish Legal System: Megan Dewart: Bloomsbury Professional

Earn a free Open University digital badge if you complete this course, to display and share your achievement. Anyone can learn for free on OpenLearn, but signing-up will give you access to your personal learning profile and record of achievements that you earn while you study. Start this free course now. Just create an account and sign in. Enrol and complete the course for a free statement of participation or digital badge if available. Laws form the basis for regulating the society we live in, therefore legal systems tend to reflect the values and aspirations of the society within which they operate. The quotation below highlights the role and importance placed on the independent legal system within and helps illustrate how valued that independence is. Each and every day it protects individual rights, settles day-to-day disputes, and ensures that crimes against person or property are punished. This strong and enduring system has been a cornerstone of Scottish life for centuries. Today, that proudly independent legal system is as important to our daily lives as it has ever been. Society is changing. Public scrutiny is high. The national and international context ever more complex and challenging. That is why it must continue to change and reform to better meet the challenges of modern laws and modern life. Figure 1 illustrates the range of the sources of law in contemporary Scotland. Many of these have their roots in history and you explore the historical sources and legal in subsequent weeks. Making the decision to study can be a big step, which is why you'll want a trusted University. By the twelfth century, the feudal system was introduced into Scotland. It was a decentralized social and economic system of government and land tenure. It was likely compiled around The , or office of the -general had its beginnings during the reign of David Two were appointed as the king's delegate to administer justice in civil and criminal matters. Later, a third justiciar was appointed to deal with civil and criminal cases not under the of the king's . Justiciars were usually important noblemen, and over time, the number of justiciars increased. Eventually, the office of justice-general was made hereditary until around when it was merged with the office of President of the . Reform of the supreme criminal court eventually led to the the institution of the of Justiciary in The Court of Session, created primarily through the efforts of James I evolved through a series of attempts at court reform and the need to more clearly determine and causes. After several modifications in the structure and operation of the court, by around , the king chose persons from three Estates, who with the chancellor, were to hold three sessions per year. By the Estates chose nine , appointed by the General Council, with each Estate having three judges who would sit in three sections, hearing and deciding cases. The Reformation led to the decline of Roman canon law influence, with the Court of Session determining matters previously administered by the ecclesiastical tribunals. Parliament also annulled all laws, acts and constitutions which were considered in opposition to the reformed religion. The , unicameral in structure, appeared to be established early in the thirteenth century and served as both a court of first instance, as well as a court of . Parliament had jurisdiction in civil and criminal matters. Judicial authority rested with the entire parliament, but later committees became functional and exercised authority. Unlike the bicameral nature of the English parliament, the Scottish parliamentary structure made it particularly susceptible to monarchical influence. After several aborted efforts to form a union of the parliaments of Scotland and , further attempts were made after Some of the thorny issues included English objection to free trade between the two countries, the question of succession to the English throne, taxation, jurisdiction of the Scottish and the number of Scottish representatives in the new Parliament of . This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system. Once you have successfully made your inspection-copy request, you will receive a confirmation email explaining that your request is awaiting approval. On approval, you will either be sent the print copy of the book, or you will receive a further email containing the link to allow you to download your eBook. For more information, visit our inspection-copy area. Scottish law | Britannica

The stipulated the continuance of Scottish law and courts. It also called for establishing a Court of in Scotland to decide revenue issues. Walker, David M. The Scottish Legal System. An Introduction to the Study of . : W. Green, A Legal History of Scotland. Search this Guide Search. Scottish Legal History Research Guide This research guide in Scottish legal history covers the feudal period through Scottish Legal History: An Overview Legal historians tend to focus on the development of the Scottish legal system from the feudal period onward, since little is known about Scottish law prior to A. Various court systems also developed over this period. These included: Guild Merchants and Burgh Courts. The guild courts mainly had jurisdiction over buildings, streets and nuisances, while each burgh established courts to enforce its own regulations and settle disputes. Burghs, usually located near a royal castle, began to develop as economic organizations and functioned as market centers for the . These were presided over by the baron or his bailie, or both, or by two bailies. This court's civil jurisdiction extended to debt , lawburrows, breach of arrestment, bloodwite and deforcement. It also had criminal jurisdiction in theft and slaughter. Courts. The was originally held at the castle. Head courts were held 3 times per year, with lesser courts meeting more infrequently. The sheriff presided over the court and administered both civil and . Ecclesiastical Courts. From around , dioceses of the Scottish Kingdom were recognized by the Pope as exempt from metropolitan authority, and prior to the Reformation bishops in these dioceses each had their own consistorial courts. These dioceses undertook judicial functions and compiled ecclesiastical which were used at the provincial and diocesan levels. Bishops and abbots were influencial in government and the canon law of the Roman church as introduced, resulting in the influence of Roman law on the Scottish legal system. Ecclesiastical tribunals were led by judges-delegate, and dealt mainly with matrimonial cases, but also with criminal and civil issues, with and final decisions considered by Rome. Following the Reformation, the Court of Session during the period assumed responsibility for consistorial cases and other issues previously determined by the ecclesiastical tribunals. The Reformation period also ushered in the Presbyterian Kirk Sessions or consistorial courts, throughout Scotland. Reference : Walker, David M. Statutes must receive Royal Assent from the Queen before becoming law , however this is now only a formal procedure and is automatic. This delegated legislation has legal effect in Scotland so far as the specific provisions of the statutory instrument are duly authorised by the powers of the Act, a question which can be subjected to judicial review. The Scottish Parliament is a devolved unicameral that has the power to pass statutes only affecting Scotland on matters within its legislative competence. Legislation passed by the pre still has legal effect in Scotland, though the number of statutes that have not been repealed is limited. Examples include the Royal Mines Act , which makes gold and silver mines the property of the Queen , and the Leases Act , which is still relied on today in property law cases. The European Parliament and Council of the European Union also have the power to create legislation which will have direct effect in Scotland in a range of matters specified under the Treaty on the Functioning of the European Union. European legislation will be annulled if it is contrary to the Treaties of the European Union or their spirit, is ultra vires or proper procedures in its creation were not followed. Legislation which forms part of the law of Scotland should not be confused with a civil code as it does not attempt to comprehensively detail the law. Legislation forms only one of a number of sources. is an important legal source in Scotland, especially in where a large body of legal has been developed, so that many crimes, such as , are not codified. The common law of Scotland should not be confused with the common law of England , which has different historical roots. The influence that English-trained judges have had on the common law of Scotland through rulings of the of the United Kingdom and formerly the House of has been at times considerable, especially in areas of law where conformity was required across the United Kingdom for pragmatic reasons. This has resulted in rulings with strained interpretations of the common law of Scotland, such as Smith v . A number of works by academic authors, called institutional writers , have been identified as formal sources of law in Scotland since at least the 19th century. The exact list of authors and works, and whether it can be added to, is a matter of controversy. Some commentators [56] would also consider the following works to be included:. The recognition of the authority of the institutional writers was gradual and developed with the significance in the 19th century of stare decisis. The view of University of Edinburgh Professor Sir was, "the authority of an institutional writer is approximately equal to that of a decision by a Division of the of the Court of Session". John Erskine of Carnock , an institutional writer, described legal custom as, "that which, without any express enactment by the supreme power, derives force from its tacit consent; which consent is presumed from the inveterate or immemorial usage of the community. The , led by the First Minister , is responsible for formulating policy and implementing laws passed by the Scottish Parliament. Junior Scottish Ministers are similarly appointed to assist Cabinet Secretaries in their work. The Scottish Law Officers, the Lord [65] and General [64] can be appointed from outside the Parliament's membership, but are subject to its approval. They are collectively known as the "Scottish Ministers". The Scottish Government has responsibility for the Scottish legal system, with functions exercised by the Cabinet Secretary for Justice. The Cabinet Secretary for Justice has political responsibility for policing , law enforcement, the , the Scottish Service , fire services , civil emergencies and civil justice. Many areas of Scots law are legislated for by the Scottish Parliament , in matters devolved from the Parliament of the United Kingdom. Areas of Scots law over which the Scottish Parliament has competency include health, education, criminal justice, local government, environment and civil justice amongst others. The Scottish Parliament also has been granted limited tax raising powers. Although technically the Parliament of the United Kingdom retains full power to legislate for Scotland, under the Sewel convention it will not legislate on devolved matters without the agreement of the Scottish Parliament. The Courts and Tribunals service is a non-ministerial government department with a corporate board chaired by the Lord President of the Court of Session the head of the of Scotland. Less serious criminal offences which can be dealt with under summary procedure are handled by local Courts. Sheriff Courts act as district criminal courts, organised by , and deal with cases under both summary and solemn procedure. Cases can be heard either before a Summary Sheriff, a Sheriff, or a Sheriff and a . A case before a Sheriff and jury can result in up to 5 years or an unlimited . Appeals against summary and summary sentences are heard by the , and decisions of the Sheriff Appeal Court can only be appealed with leave to the and then only on questions of law. More serious crimes, and appeals from in the Sheriff Courts, are heard by the High Court of Justiciary. There is no appeal available in criminal cases to the Supreme Court of the United Kingdom , [68] with respect to points of criminal law. Cases where the accused alleges a breach of the European Convention on Human Rights or European law can also be referred or appealed to the UK Supreme Court for a ruling on the relevant alleged breach. In these cases the UK Supreme Court is the successor to the as the highest civil court having taken over the judicial functions of the House of Lords and the Privy Council from Such appeals are granted if there is an important point of principle, or other compelling reason. Appeals may finally be taken to the Supreme Court of the United Kingdom , but only with the leave of either the Inner House or the Supreme Court itself, and it relates to a general point of public interest in the law. Scottish courts may make a reference for a preliminary ruling to the Court of Justice of the European Union in cases involving European law. There are also a number of specialist courts and tribunals that have been created to hear specific types of disputes. The Employment Appeal Tribunal is also an example of a cross-jurisdictional tribunal. Scotland has several classes of who sit in the various courts of Scotland, and led by the Lord President of the Court of Session who is head of the Scottish judiciary by virtue of Section 2 of the Judiciary and Courts Scotland Act The Senators are referred to as Lords of Council and Session when sitting in civil cases, and of Justiciary when sitting in criminal cases. They will preside over both civil and criminal cases. The most junior judges are the of the peace who preside over minor criminal matters in the Justice of the Peace Courts. The Scottish has two main branches, and . Advocates, the equivalent of the English , belong to the which distinguishes between junior counsel and senior counsel, the latter being designated King's or Queen's Counsel. Advocates specialise in presenting cases before courts and tribunals , with near-exclusive , and in giving legal opinions. They usually receive instructions indirectly from clients through solicitors, though in many circumstances they can be instructed directly by members of certain professional associations. Solicitors are members of the and deal directly with their clients in all sorts of legal affairs. In the majority of cases they present their client's case to the court, and while traditionally they did not have the right to appear before the higher courts, since they have been able to apply for extended rights, becoming known as solicitor advocates. Notaries public , unlike their continental equivalent , are not members of a separate profession; they must be solicitors, and most solicitors are also notaries. The principal division in Scots law is between laws governing the relationship between people [83] and public law laws governing the relationship between the State and the people. The main subjects of public law are constitutional law, administrative law and criminal law and procedure. From Wikipedia, the free encyclopedia. Hybrid legal system of Scotland, containing and common law elements. . UK General Elections. Intergovernmental Relations. Other countries. Civil courts. Criminal courts. Special courts. Criminal prosecution. Legal profession. Mythology and folklore. Mythology folklore. Music and performing arts. Radio Television Cinema. World Heritage Sites. Main article: . Main article: Scottish Government. Main article: Scottish Parliament. Main article: Courts of Scotland. Keele University. Archived from the original on 25 March As will appear, the historical place of in the development of Scots law is no mere replication of the English position. No separate equity court appeared in Scotland. The Scottish Legal System in a Nutshell | The Student

The Court of Session has absorbed the functions of certain ancient courts—the Court of Exchequer, the , the Teind or Tithe Court, and the Commissary Court—which formerly dealt with questions of marriage law and executry, while the judges have by been given separate duties in a Lands Valuation Appeal Court, a Registration Appeal Court, and an Election Petition Court. The , established in , has jurisdiction in a wide range of matters relating to agriculture. Disputes between landlords and tenants of agricultural holdings may be brought before it by judicial process or, by agreement of the parties, in lieu of arbitration. It also deals with questions referred to it by the secretary of state for Scotland. Scottish law Article Additional Info. Article Contents. Print print Print. Table Of Contents. Facebook Twitter. Give Feedback. Let us know if you have suggestions to improve this article requires login. External Websites. Coauthor of Scottish Judicial Dictionary and others. See Article History. Historical development of Scots law The period following the union has been characterized by the merging of Scots and . Get exclusive access to content from our First Edition with your subscription. Subscribe today. Learn More in these related Britannica articles:. In Scotland, testamentary of land remained precarious until the enactment of the Titles to Land Consolidation Act in In Scotland, the principle was adopted immediately after the Reformation, and an act of made profession of the reformed faith a condition of public office. The Crown Office and Service are the bodies responsible for prosecuting crime and investigating deaths. Their roles are comparable to those played by the Director of Public Prosecutions and the Crown Prosecution Service in England and function in a similar way. In Scotland, the police carry out an initial investigation and if they have enough for a prosecution, they pass the case to the Procurator Fiscal who decides on the strength of the evidence and whether it is in the public interest to take further action. If they consider it appropriate that proceedings be raised in court then they will decide which one. Alternatively they may issue warnings, fines, compensation or intervention from social work. can be either solemn, meaning that the is held before a judge and a jury of 15 members, or summary, which is held before a judge only. There are three levels of criminal courts in Scotland. At one end of the scale are the Justice of the Peace courts which deal with minor matters. Justices of the Peace are not legally qualified but are advised by a qualified clerk on matters of law and procedure. The next level up are the Sheriff courts. Each of these are headed by a and have various court districts containing individual Sheriff courts. These courts deal with summary and solemn criminal prosecutions and Sheriff Court is reputedly the busiest court in Europe. As a result of this, it was recently announced that ten sheriff courts will be closed along with at least seven Justice of the Peace courts. Money-saving initiatives within the justice system are not unique to the UK government. It can sit as both a court of first instance and a where it hears the most serious criminal cases such as and murder. While it has a permanent base in Edinburgh, Glasgow and , it can also sit in other towns and cities around the country as a trial court in local sheriff court buildings. However, to hear appeals it sits only in Edinburgh. As a court of first instance, it sits with one judge and a jury but on appeals at least three judges may be present. The High Court can hear appeals from itself at first instance , Sheriff or JP courts and the Scotland Act provides a new procedure whereby certain Scottish criminal cases can be appealed to the UK Supreme Court although this power is not yet in use. The Court of Session is the supreme civil court in Scotland and, like the High Court, also sits as both a trial court and an appeal court. Although it has the same jurisdiction broadly as Sheriff courts, only the Court of Session can hear cases of judicial review and it does have a right of appeal to the UK Supreme Court. The is the court of first instance and is made up of 22 Lords Ordinary who usually sit alone, whereas the Inner House is the appeal court. In Scotland, the legal profession is split between solicitors and advocates. Solicitors carry out more general legal practice and in addition to sole practitioners and high street practices, Scotland hosts numerous prestigious law firms, for example, Brodies, Dundas and Wilson, Burness, and . Solicitors can appear in JP and Sheriff courts as well as tribunals. There are also solicitor advocates who have extended rights of audience and can appear before the Scottish supreme courts, the Court of Session and the High Court of the Justiciary. Advocates, like barristers, are specialists in advocacy and are instructed by solicitors. Making the decision to study can be a big step, which is why you'll want a trusted University. Take a look at all Open University courses. If you are new to university level study, find out more about the types of qualifications we offer, including our entry level Access courses and Certificates. 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The Scottish legal system - Shelter Scotland

This site uses cookies. Read our cookie policy. Close message and continue. This section explains where Scots law comes from, how it is made and what the courts base their decisions on. It will help you to understand the history of the law in Scotland and how it affects you now. It will also shed some light on how the legal and court systems work on a daily basis. Chat with us - we're online. Are you with us? Scotland has its own legal system. If you're going to court, or considering taking any other form of legal action, it might help to know what the law is based on. Scots law is divided up into two main catagories called civil law and criminal law. Most housing problems will be dealt with by civil law but this page explains the main differences. Scots law can be made and changed in several ways. If you're going to court, or considering taking legal action, it might help to know how the law in Scotland is made. If you've got a housing problem but can't solve it yourself, you might need some help. This page shows you that there are various ways in which the law can help you. The Scottish outlook upon this whole topic places Scots law clearly alongside the continental civil law and not the English system. The period following the union has been characterized by the merging of Scots and English law. One main cause of the merger is that much of the existing law of Scotland depends on statutes applicable to both countries. The House of Lords , consisting in its legal aspect until exclusively of English acting as the supreme court of appeal from Scotland, had a tendency to apply English law in Scottish appeals, and, in some cases, it ignored the distinction between its legislative and judicial functions. Another reason for the merging of systems is the influence of Scottish legal text writers, some of whom have tended to treat English law as though it were the law of their own country. The citation of English authorities in court has also had considerable effect. Not surprisingly the most complete merger of the systems has occurred in the field of mercantile law. In other fields the systems are still widely separated. The system of Scottish courts is completely different from that of the English and again is closer to the continental pattern. The court has two main functions. It has original jurisdiction in a very wide range of cases, which is exclusive in a few matters; in its appellate capacity it hears appeals by reclaiming petition from the nine Court of Session courts of first instance called compendiously the Outer House , each presided over by a , and also from the sheriff courts. The appellate court Inner House sits in two divisions, the first and second, presided over, respectively, by the lord president of the Court of Session and the . While the judges of the Court of Session are traditionally judges of both fact and law, in the early 19th century the civil jury was introduced, less because it was wanted in Scotland than because the House of Lords was weary of the great number of appeals it had to hear. Because the decision of a jury cannot in the ordinary sense be appealed, the House of Lords determined that caseloads would be drastically reduced by the change. From the Inner House, appeal lay in many cases to the House of Lords—later from to the Supreme Court—by right and not, as in England, by leave; from appeal to the Supreme Court was by leave only. The right of audience in the Court of Session is possessed exclusively by members of the Faculty of Advocates the Scottish Bar. The lower civil court is the sheriff court , which is an ancient court dating back to the 12th century. Scotland is divided into several sheriffdoms, each staffed by a sheriff-principal and a number of full-time sheriffs. Courts are held regularly in all the major towns of each sheriffdom. Sheriff courts have both civil and criminal jurisdiction. In civil cases, the sheriff normally makes decisions alone, although sometimes he is assisted by a jury of seven. In criminal cases, the accused is tried summarily or with a jury of In civil jurisdiction appeal lies to the sheriff-principal and then to the Court of Session, or directly to the Court of Session; in criminal jurisdiction it lies to the High Court of Justiciary. In addition to the sheriff court, there is the Summary Court, which hears minor pecuniary claims. The Court of Session has absorbed the functions of certain ancient courts—the Court of Exchequer, the Admiralty Court, the Teind or Tithe Court, and the Commissary Court—which formerly dealt with questions of marriage law and executry, while the judges have by statute been given separate duties in a Lands Valuation Appeal Court, a Registration Appeal Court, and an Election Petition Court. The Scottish Land Court, established in , has jurisdiction in a wide range of matters relating to agriculture. Disputes between landlords and tenants of agricultural holdings may be brought before it by judicial process or, by agreement of the parties, in lieu of arbitration. It also deals with questions referred to it by the secretary of state for Scotland. Scottish law Article Additional Info. Article Contents. https://files8.webydo.com/9587419/UploadedFiles/1125ED48-0443-97E9-43C5-3A2648D785A9.pdf https://files8.webydo.com/9585640/UploadedFiles/A2C39B25-E947-F60A-B142-9819780E3709.pdf https://files8.webydo.com/9591009/UploadedFiles/20A89785-6A64-BF51-3098-DE81C41E8034.pdf https://static.s123-cdn-static.com/uploads/4640447/normal_6020825acfdae.pdf https://static.s123-cdn-static.com/uploads/4640042/normal_6020753ea210b.pdf https://files8.webydo.com/9587766/UploadedFiles/6B324654-B33F-F52A-08AF-6031A85D0DB2.pdf