Ch1,2,5

Question 1

Main dates in Scottish law

Answer 1

-Creation of Alba (uniting of different Scots to form one greater Kingdom)
-Davidian Revolution bringing change to Scotland + introducing structure
-Magna Carta (codification of Roman law)

+ ENGLAND
-English Civil War
-Glorious Revolution 1688 -> deposing of King of England (James VII) and replacement with King of Orange III of the Netherlands. Tantamount in development of constitution and Parliament.
-Act of Union 1707
-BREXIT 2018

Question 2

Treaty of Union 1707

Answer 2

Creation of one “united” Kingdom.
-Aim to unite Scotland and England as one Kingdom (Kingdom of Great Britain)

-Legislation like Scots privy council continue until English Parliament otherwise decided (this was immediately invoked post-signing)

-Greater harmonisation measures: freedom offered to Scotland in trading under the name of “Great Britain” and its Kingdom

-Pre-treaty of union England enacted Alien Act 1705 restricting Scots trade and branding them all as “aliens” as response to Scottish launching of Act of Security

Question 3

Scotland Act 1998

Answer 3

Revolutionary act allowing devolved powers to Scotland in legislative processes and other fields. Main takeaways:
-Established a Scottish Parliament having power legislate
-Can legislate w/i competences given to it and not on reserved matters (schedule 5)
-Cannot modify enactments like the HRA 1998 (schedule 4)
-Legislation must be compatible w the ECHR

Question 5

Distinguish between public and private law

Answer 5

Public law is the relationship between public organs, ie. the government and a private person, or the government and a company. Private law is the relationship between private persons (person vs person, or company vs company) and has no involvement whatsoever with the State.

Question 6

Examples of Public Law

Answer 6

constitutional, administrative, tax => all are governed and maintained by the State

Question 6

What is the difference between civil and criminal law?

Answer 6

Civil law looks at private relations between persons, as opposed to the prosecution of offences (criminal law). Referencing the law, civil law has the civil code, and criminal law the criminal code. Intention of civil is to seek remedies and support (ie. a claim in delictual liability under law of delict), and to prosecute and punish in law (ie. armed robbery sentencing)

Question 7

Examples of Private law

Answer 7

Contract, family, criminal, tort