The Law Society of Scotland Examination Syllabus and Reading List
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SCOTLAND Prof. Jane Mair School of Law, University of Glasgow Scotland August 2008
NATIONAL REPORT: SCOTLAND Prof. Jane Mair School of Law, University of Glasgow Scotland August 2008 A. General Questions 1-7 p. B. General rights and duties of Questions 8-14 p. spouses concerning household expenses, transactions with respect to the matrimonial home and other matters irrespective of the single matrimonial property regime C. Matrimonial property regimes C.1. General issues Questions 15-19 p. C.2. Specific regimes I. Community of property Questions 20-56 Not relevant II.Community of accrued Questions 57-90 Not relevant gains/Participation in acquisitions III. Deferred community Questions 91-128 Not relevant IV. Separation of property Questions 129-160 Not relevant V. Separation of property with Questions 161-190 p. distribution by the competent authority D. Marital agreements Questions 191-201 p. Property relationship between spouses - SCOTLAND NATIONAL REPORT: SCOTLAND Prof. Jane Mair School of Law, University of Glasgow Scotland August 2008 A. GENERAL 1. Are there special rules concerning the property relationship between spouses (explaining what is meant by spouses)? If so, briefly indicate the current sources of these rules. a. upon marriage Scots law has a system of separate property during marriage and consequently marriage in itself has no effect on the property of the spouses. This general principle is currently set out in S. 24 of the Scots Family Law Act 1985 which provides that marriage in itself does not affect the property of either spouse. In general, the approach of Scots law is to treat husband and wife as ‘strangers’ 1 in terms of their property, focusing on their property rights rather than on their matrimonial relationship. -
In Scots Law
1 When the Exception is the Rule: Rationalising the ‘Medical Exception’ in Scots Law 2 I. INTRODUCTION No medical practitioner who performs a legitimate medical operation on a patient (in the course of competently carrying out the duties of their profession)1 commits a delict or a criminal offence.2 This is so in spite of the fact that to infringe the bodily integrity of another person is plainly both a crime3 and a civil wrong.4 Notwithstanding the fact that the patient may desire the operation, the ‘defence’ of consent cannot possibly justify the serious injuries intentionally inflicted in the course of an operation to effect a kidney transplant, or to amputate a limb, or even to insert a stent, since these procedures are highly invasive and effect irreversible changes to the physicality of the patient(s).5 The ‘medical exception’ has consequently and consistently been invoked by legal commentators when considering cases of invasive surgery, or procedures which involve serious wounding.6 Since consent is no defence to serious assault,7 this exception to the general rule that to inflict such is to commit a crime must be justified by means other than an appeal to the 1 ‘Proper’ medical treatment is a prerequisite: Margaret Brazier and Sara Fovargue, Transforming Wrong into Right: What is ‘Proper Medical Treatment’?, in Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment: What Role for the Medical Exception, (London: Routledge, 2016), p.12 2 See, generally, Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment: What Role for the Medical Exception, (London: Routledge, 2016), passim. -
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law Lesley-Anne Barnes Macfarlane LLB (Hons), Dip LP, PGCE, LLM A thesis submitted in partial fulfilment of the requirements of Edinburgh Napier University, for the award of Doctor of Philosophy May 2014 1 Acknowledgements I would like to express my sincere gratitude to my supervisors, Dr Richard Whitecross and Dr Sandra Watson, for giving me their time, guidance and assistance in the writing up of my PhD Critical Appraisal of published works. I am indebted to my parents, Irene and Dennis, for a lifetime of love and support. Many thanks are also due to my family and friends for their ongoing care and companionship. In particular, I am very grateful to Professors Elaine E Sutherland and John P Grant for reading through and commenting on my section on Traditional Legal Research Methods. My deepest thanks are owed to my husband, Ross, who never fails in his love, encouragement and practical kindness. I confirm that the published work submitted has not been submitted for another award. ………………………………………… Lesley-Anne Barnes Macfarlane Citations and references have been drafted with reference to the University’s Research Degree Reference Guide 2 CONTENTS VOLUME I Abstract: PhD by Published Works Page 8 List of Evidence in Support of Thesis Page 9 Thesis Introduction Page 10 (I) An Era of Change in the Individual’s Rights, Status and Capacity in Scots Law (II) Conceptual Framework of Critical Analysis: Rights, -
Regulations As to Intrants Faculty of Advocates
REGULATIONS AS TO INTRANTS FACULTY OF ADVOCATES July 2009 Edition REGULATIONS AS TO INTRANTS 31 July 1996 (As amended March 2004 and December 2006) FACULTY OF ADVOCATES 2 CONTENTS Page Introduction Procedure for Admission as an Intrant 4 Fees Payable by Intrants 6 Regulations General Regulations for Admission 7 Exemptions 12 Rights and Restrictions 17 Interpretation 18 Appendices A. List of Subjects Covered by Faculty Examinations 19 B. Rules for Conduct of Faculty Examinations 20 C. Admission Days 22 D. Certificates re Criminal Convictions and Proceedings, etc. 23 E. Transitional Provisions in Relation to the 24 Requirement of a Diploma in Legal Practice in Regulation 3(1)(b) F. Transitional Provisions in Relation to the 25 Requirement in Regulation 6(6) in respect of Entry Money G. Rules for dealing with objections made to the 26 admission to Membership of the Faculty of Candidates for Admission or Intrants in terms of Regulation 6(4) H. Aptitude Test 29 I. Transitional Provisions in Relation to the commencement 30 of pupillage before 31 December 1997 J. Transitional Provisions in Relation to the requirements 31 of Regulations 2(1)(d)(i), (ii) and (iii) 3 INTRODUCTION A candidate for admission to the Faculty is known as an "Intrant". The Clerk of Faculty is the officer responsible for advising Intrants and prospective Intrants about the procedure and requirements for admission to the Faculty. All enquiries should be addressed to: - The Clerk of Faculty Advocates' Library Parliament House Edinburgh, EH1 1RF Procedure for Admission of an Intrant An Advocate is not only a member of the Faculty of Advocates but also a member of the College of Justice and an officer of the Court. -
'… and for 39 Years I Got on with It.'
OLDER WOMEN AND DOMESTIC VIOLENCE IN SCOTLAND ‘… and for 39 years I got on with it.’ 2021 3/2004 2021 Prepared for Health Scotland by the Centre for Research on Families and Relationships. Published by Health Scotland, Woodburn House, Canaan Lane, Edinburgh EH10 4SG. ISBN: 1-84485-111-7 © Centre for Research on Families and Relationships and NHS Health Scotland, 2004. The views expressed in this report do not necessarily represent those of Health Scotland. Authors: Marsha Scott, Linda McKie, Sarah Morton, Elizabeth Seddon Fran Wasoff. Design: Clear Design Scotland Limited. Photography: Angus Bremner. All photographs use models. CONTENTS SUMMARY 3 1. INTRODUCTION 1.1 The issues 4 1.2 The questions 4 1.3 The data 6 1.4 The analysis and key themes 6 2. DATA ON PREVALENCE AND DATA SOURCES 2.1 Sources of statistical information 8 2.2 Statistics on domestic violence from the Scottish Crime Survey 10 2.3 Homelessness statistics and domestic violence 10 2.4 Scottish Women’s Aid statistics 11 3. WHAT THE LITERATURE SAYS: A THEMATIC SUMMARY 3.1 Looking at the literature 12 3.2 Sexism, ageism, elder abuse and domestic violence – framing the issues 12 3.3 Age and/or life stage in definitions of the older woman experiencing domestic violence 15 3.3.1 Attitudes 16 3.3.2 Dependency 17 3.3.3 Prolonged trauma 18 3.4 Prevalence 19 3.4.1 Visible incidence 19 3.4.2 Regional figures 20 3.4.3 Same-sex relationships 21 3.5 Service and programme models 21 3.6 Policy 24 3.7 Information from the web 25 4. -
Studying EU Law in Scotland During and After Brexit
Studying EU Law in Scotland during and after Brexit Studying EU Law in Scotland during and after Brexit Open Access Resource First Edition First Edition Editors: Nicole Busby Rebecca Zahn In collaboration with the Scottish Universities Legal Network on Europe PUBLICATION FROM Scottish Universities Legal Network on Europe sulne.ac.uk This publication is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License First Edition – Published October 2017 Design and typesetting by Anthony Salamone Set in Source Sans Pro, used under the SIL Open Font License Studying EU Law in Scotland during and after Brexit Table of Contents Foreword Noreen Burrows and Jo Shaw Chapter 1 Introduction Nicole Busby and Rebecca Zahn Chapter 2 Study Skills Maria Fletcher, Tamara Hervey and Sarah McCloskey Chapter 3 The Vote to Leave the EU: Why Did It Happen and What Has Happened Since? Daniel Kenealy Chapter 4 Constitutional Law Aileen McHarg Chapter 5 Free Movement of Goods Andrew Farrer Chapter 6 Free Movement of Services and Freedom of Establishment Justin Borg-Barthet Chapter 7 Competition Law and Policy Arianna Andreangeli and Siobhan Kahmann Chapter 8 Free Movement of Persons and EU Citizenship Maria Fletcher and Nina Miller Westoby Chapter 9 Equality Law Nicole Busby, Muriel Robison and Michelle Weldon-Johns Chapter 10 Employment Law Rebecca Zahn Chapter 11 Environmental Protection and Law Miranda Geelhoed and Mara Ntona Chapter 12 Energy Law Aileen McHarg Table of Contents 3 Studying EU Law in Scotland during and -
Scotland's Bastard Verdict: Intermediacy and the Unique Three-Verdict System
SCOTLAND'S BASTARD VERDICT: INTERMEDIACY AND THE UNIQUE THREE-VERDICT SYSTEM Joseph M. Barbato* Veredictum quasi dictum veritatis; utjudicium quasijuris dictumt I. INTRODUCTION In 1707, the separate kingdoms of Scotland and England reached an accord whereby each was dissolved and the two united into the new Kingdom of Great Britain.' After three hundred years, the Scottish Parliament has devolved from the larger Parliament of the United Kingdom.2 Scotland' s desire to retain sovereignty is apparent in -retrospect. For instance, one of the important Acts of Union between both countries' parliaments in the early 1700s was to preserve the separate identity of the Scottish legal system and institutions.3 This note will consider one small but emblematic part of Scotland's legal system, the verdict of "not proven." Part Two begins with the concept of Scotland's national identity, and follows the chronological development of the country's three-verdict system. With this foundation, two comprehensive legal reviews involving the not proven verdict, both of which resulted in its retention, are discussed. Part Three examines post-millennial developments in the not proven debate, and also compares how this uniquely Scottish verdict has made an imprint on the American legal system. Finally, Part Four takes into account renewed controversy in Scotland over the verdict, recognizing that the potential costs of doing away with "not proven" currently outweigh possible benefits. * J.D. candidate, May 2005. M.F.A., Purdue University, 2002. B.A., Purdue University, 1998. The author would like to thank his wife, Hannah, for her love, support, and forbearance throughout the law school experience. -
The Future Impact and Effect of Brexit on Scots Law and the Scottish Legal System
The Law Society of Scotland The Future Impact and Effect of Brexit on Scots law and the Scottish legal system I Chapter1 The Law Society of Scotland: The future impact and effect of Brexit on Scots law and the Scottish legal system Contents Foreword 1 Executive summary 2 Introduction 4 CHAPTER 1 The development of the Scottish legal system 7 CHAPTER 2 The courts and tribunals in Scotland 12 CHAPTER 3 The United Kingdom’s decision to leave the European Union 18 CHAPTER 4 The consequences of the United Kingdom leaving the European Union 25 CHAPTER 5 The EU impact on Scots Law 40 CHAPTER 6 Common frameworks 59 CHAPTER 7 Teaching EU Law in law schools post-Brexit 67 CHAPTER 8 Conclusions 70 Bibliography 74 III The Law Society of Scotland: The future impact and effect of Brexit on Scots law and the Scottish legal system Chapter IV 1 The Law Society of Scotland: The future impact and effect of Brexit on Scots law and the Scottish legal system Foreword In 2016 the United Kingdom voted to leave the European Union. In the three years since that historic vote there has been much debate on Brexit and the impact it will have throughout the UK and in Europe, however a great deal of uncertainty remains over our departure and future outwith the EU. What we can be certain of is that leaving the EU will We are very grateful to the Legal Education Foundation have a profound effect on Scots Law and on the legal whose funding has allowed us to dedicate the time and profession. -
FAMILY LAW | University of Stirling
09/28/21 LLBU9FL / LAWU9LF : FAMILY LAW | University of Stirling LLBU9FL / LAWU9LF : FAMILY LAW View Online Professor Elaine E Sutherland 2 items Please note : (2 items) 'Students are required to use the Library Catalogue and Legal Databases to search for books, journal articles and legislation on this reading list. Access to these resources is available via the Library - http://libguides.stir.ac.uk/law' The following items are the main secondary sources that will be used in Family Law (LLBU9FL/LAWU9LF) in spring 2015. However, students should consult Lecture Outline I: Concepts and Child Law and Lecture Outline II: Adult Relationships (both available on Succeed) for the reading associated with each lecture. These documents also refer to statutory material, cases and specific articles in journals. No automatic link is provided to these sources because developing your research skills is one of the learning outcomes of the module. Essential Course Text: Mair, Avizandum Statutes on Scots Family Law 2014-2015 (12th edn Avizandum, Edinburgh 2014) Highly recommended reading: Elaine E Sutherland, Family (LawBasics 3rd edn W. Green, Edinburgh 2014) Other material: Books: Elaine E Sutherland, Child and Family Law (2nd edn W. Green, Edinburgh 2008); 1/4 09/28/21 LLBU9FL / LAWU9LF : FAMILY LAW | University of Stirling Alison Cleland and Elaine E Sutherland, Children's Rights in Scotland (3rd edn W. Green, Edinburgh 2009); P.G.B. McNeil and M. Jack, Adoption of Children in Scotland (4th edn W. Green, Edinburgh 2010); K. McK. Norrie, The Law Relating to Parent and Child in Scotland (3rd edn W. Green, Edinburgh 2013); K. -
Spousal Maintenance in Scots Family Law
SPOUSAL MAINTENANCE IN SCOTS FAMILY LAW John M. Fotheringham* I.THE ROLE OF PERIODICAL ALLOWANCE ................................... 602 II.THE MODERN LAW OF FINANCIAL PROVISION IN SCOTLAND .604 A . Section 9(1) ................................................................. 606 B . The R elevant Date ...................................................... 607 C. Quantum ... s9(1)(a) ................................................. 608 D. Quantum ... s9(1)(b) .................................................. 611 E. Quantum ... s9(1)(c) .................................................. 613 F. Quantum ... s9(1)(d) & (e) ........................................ 614 III.CHANGE OF CIRCUMSTANCES - VARIATION ........................... 620 IV .PRIVATE ORDERING ................................................................ 620 V. CHALLENGES TO PRE- OR POST- MARITAL AGREEMENTS BETW EEN SPOUSES ............................................................ 623 VI.STATE FUNDING OF SEPARATED PARTIES ............................... 625 VII.C ON CLU SION ......................................................................... 627 Scots Law is proud of its system of financial provision on divorce. The system put in place by the Family Law (Scotland) Act 1985 has remained in place, minimally amended, since it came into force in September 1986. This has not been the result of Consultant at Flexiaw ltd, Edinburgh, United Kingdom. HOUSTON JOURNAL OF INTERNATIONAL LAW [Vol. 41:3 legislative inertia but rather the effect of the strength of the statute -
Summary Procedure – Preliminary Plea
1.19 Criminal court procedure As we are already aware, criminal trials in Scotland are conducted under two types of procedure: ◆ Summary ◆ Solemn Less serious crimes are dealt with under summary procedure where a judge sits alone, i.e. the presiding judge is therefore ‘master of the facts’ and will determine the appropriate sentence to be handed down if the accused is found guilty. On the other hand, more serious crimes are conducted under solemn procedure where usually one judge sits with a jury of 15. In this type of trial, the jury is said to be ‘master of the facts’ and the judge’s role is merely to impose the penalty if the guilt of the accused is established beyond reasonable doubt. We shall look at the workings of both types of criminal procedure in turn. Summary procedure – preliminary plea As the name suggests, summary procedure is supposed to deal with minor crimes relatively quickly and efficiently and is used in the Justice of the Peace Court and the Sheriff Court. A judge presides and no jury is present. The accused person is prosecuted on complaint. A complaint is the document which outlines the specific nature of the criminal offence that the accused will have to answer at the trial. KEY POINT: Summary procedure is supposed to deal with minor crimes relatively quickly and efficiently and is used in the Justice of the Peace Courts and the Sheriff Court. The First Calling The first time that the prosecution and the defence lawyers appear in court will be at the First Calling. -
The Law Society of Scotland Examination Guidelines, Syllabus and Reading List
THE LAW SOCIETY OF SCOTLAND EXAMINATION GUIDELINES, SYLLABUS AND READING LIST CONTENTS Pages GUIDELI NES 3-5 PUBLI C LAW AND THE LEGAL SYSTEM 6-7 CONVEYANCING 8 SCOTS PRIVATE LAW 9-1 0 EVIDENCE 11 SCOTS CRIMINAL LAW 12-1 3 TAXATION 14-1 5 EUROPEAN UN ION LAW 16-17 SCOTS COMMERCIAL LAW 18-1 9 BUSINESS ORGANISATIONS 20-21 *ACCOUNTING 22 * PROCEDURE 23-24 * PROFESSIONAL RESPONSIBILITY 25 BOOKS PERMITTED IN EXAM INATI ON HALL 26-27 MARKING SCALE AND DESCRIPTORS 28-33 * These subjects are examined as part of PEAT 1 (the Diploma in Legal Practice course) For a general introduction to the study of law, students might find it helpful to read Learning the Law" by 1 Glanville W illiams (13 h ed. 2006 - Sweet and Maxwell) and "Studying Scots Law" by Hector MacQueen (3rd ed. 2004) (Tottel) While the text books cited on the reading lists are the latest editions there are often case or statutory developments subsequent to the publication of the text. Candidates will be expected to be aware of any such developments. 2 LAW SOCIETY OF SCOTLAND EXAMINATION GUIDELINES Candidates undertaking the Law Society of Scotland examinations as part of their pre-Diploma/pre PEAT training or requalifying procedure have four years from the date of the first exam on which to pass all the Law Society examinations. • References and Sources For general read ing, candidates may find it useful to have to hand a copy of Glanville Williams "Learning the Law" (13th ed, 2006 - Sweet and Maxwell) and Hector MacQueen's "Studying Scots Law" (3rd ed, 2004) published by Tottel.