ILS

Question 0

How are sheriffs and sheriff principals appointed?

Answer 0

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

Question 1

How long do solicitors and advocates haves to practice to become a judge in the sheriff court?

Answer 1

10 years

Question 2

How many Sheriffdoms is Scotland divided into?

Answer 2

6

Question 3

How many courts are in Scotland’s sheriffdoms?

Answer 3

45 being reduced in Jan 15 to 39

Question 4

Which sheriffdom is a person tried in?

Answer 4

Where he or she is domiciled, where the contract was performed or where the harmful event occurred

Question 5

Is there an upper financial limit on cases brought to the sheriff court?

Answer 5

No

Question 6

What is an ordinary action?

Answer 6

Claims exceeding £5000

Question 7

What is a summary cause?

Answer 7

Claims between £3000 and £5000

Question 8

What is a small claim?

Answer 8

Claims up to £3000

Question 9

Where do small claims in the Sheriff court appeal to?

Answer 9

The Sheriff Principal

Question 10

Where to summary causes in the Sheriff court appeal to?

Answer 10

The sheriff principal and then to the court of session

Question 11

Where do ordinary actions in the Sheriff court appeal to?

Answer 11

Either to sheriff principal or the inner hour of the court of session

Question 12

How many judges sit in the inner house of the court of session?

Answer 12

5

Question 13

Who presides over the first division of the inner house?

Answer 13

The Lord president of the court of session

Question 14

Who presides over the second division of the inner house?

Answer 14

The Lord justice clerk

Question 15

Which judges does the outer house consist of?

Answer 15

The junior lords of session (Lord ordinary)

Question 16

What are the senior judges that sit in traffic court of session?

Answer 16

Lord president and Lord justice clerk

Question 17

The court of sessions has jurisdiction of cases over what amount?

Answer 17

Over £5000

Question 18

Where does the court of session appeal to?

Answer 18

The inner house followed by the Supreme Court

Question 19

What qualifications to Supreme Court judges need?

Answer 19

To have had 15 years of qualified legal practice or held high judicial office for 2 years

Question 20

How many chambers does the first-tier tribunal have?

Answer 20

6

Question 21

Where can the first-tier tribunal appeal to?

Answer 21

To the upper tribunal followed by the inner house or court of appeal

Question 22

Who sits in the outer house of cos

Answer 22

Junior lords of session - Lord ordinary

Question 23

Who sits in the inner house of the cos

Answer 23

Lord president and Lord justice clerk

Question 24

How are Lord presidents and Lord justice clerks appointed

Answer 24

By the sovereign on recommendation of the PM on recommendation of FM who must take into account the panel set up by the judiciary and courts (Scotland) act 2008

Question 25

What qualifications are needed for cos judges ?

Answer 25

Must be sheriffs, sheriff principal or advocates for 5 years standing or solicitors who have the right of audience before the cos for 5 years

Question 26

What does the cos have exclusive jurisdiction over?

Answer 26

Cases relating to status (declarator/nullity of marriage)
Some petitions for winding up companies
Judicial review

Question 27

What does nobile officium mean?

Answer 27

That cos has extraordinary equitable jurisdiction which may be exceptionally used to give remedy not otherwise provided for by law

Question 28

Which forms of procedure are used in the cos

Answer 28

Summons, petition procedure, judicial review

Question 29

What right of appeal does the cos have?

Answer 29

For the outer house to the inner house with a further right of appeal to the Supreme Court.

Question 30

What qualifications do Supreme Court judges need?

Answer 30

Having held high judicial office for 2 years or having 15 years of qualifying legal practice

Question 31

What is convention of judges in the Supreme Court

Answer 31

That there are 2 from Scotland and 1 from Northern Ireland