ILS Flashcards
How are sheriffs and sheriff principals appointed?
They are appointed by the sovereign on recommendation of the first minister. The first minister must consult the Lord president and can only take candidates on recommendation of the judicial appointment board for Scotland
How long do solicitors and advocates haves to practice to become a judge in the sheriff court?
10 years
How many Sheriffdoms is Scotland divided into?
6
How many courts are in Scotland’s sheriffdoms?
45 being reduced in Jan 15 to 39
Which sheriffdom is a person tried in?
Where he or she is domiciled, where the contract was performed or where the harmful event occurred
Is there an upper financial limit on cases brought to the sheriff court?
No
What is an ordinary action?
Claims exceeding £5000
What is a summary cause?
Claims between £3000 and £5000
What is a small claim?
Claims up to £3000
Where do small claims in the Sheriff court appeal to?
The Sheriff Principal
Where to summary causes in the Sheriff court appeal to?
The sheriff principal and then to the court of session
Where do ordinary actions in the Sheriff court appeal to?
Either to sheriff principal or the inner hour of the court of session
How many judges sit in the inner house of the court of session?
5
Who presides over the first division of the inner house?
The Lord president of the court of session
Who presides over the second division of the inner house?
The Lord justice clerk
Which judges does the outer house consist of?
The junior lords of session (Lord ordinary)
What are the senior judges that sit in traffic court of session?
Lord president and Lord justice clerk
The court of sessions has jurisdiction of cases over what amount?
Over £5000
Where does the court of session appeal to?
The inner house followed by the Supreme Court
What qualifications to Supreme Court judges need?
To have had 15 years of qualified legal practice or held high judicial office for 2 years
How many chambers does the first-tier tribunal have?
6
Where can the first-tier tribunal appeal to?
To the upper tribunal followed by the inner house or court of appeal
Who sits in the outer house of cos
Junior lords of session - Lord ordinary
Who sits in the inner house of the cos
Lord president and Lord justice clerk