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SLS MCQs > Lectures > Flashcards

Lectures Flashcards

1
Q

Interpret the following citation: South Lanarkshire Council v Scottish Information Commissioner [2013] UKSC 55; 2014 SC (UKSC) 1

A
  • case from 2013
  • Held in the UK Supreme Court
  • 55th decision of the Supreme Court in that year
  • Case can also be found in the 2014 report of the UK Supreme Court reports on page 1
  • Neutral citation: 2013 UKSC 55
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2
Q

Interpret the following citation: Clark v City of Glasgow Life Assurance Co (1854) 17 D (HL) 27

A
  • Case from 1854
  • D = Dunlop was the writer of the case
  • found in volume 17
  • found on page 27
    HL = House of Lords
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3
Q

Interpret the following citation: Shogun Finance Ltd v Hudson [2003] UKHL 62; [2004] 1 AC 919

A
  • case from 2003
  • held at the Judicial Committee of House of Lords
  • 62nd decision of the UKHL in that year
  • also cited in the Appeal Cases 2004 on page 919
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4
Q

Give 3 examples of devolved and reserved competences of the Scottish Parliament

A

Devolved:

  • Law & Order
  • Local government
  • Education & training

Reserved:

  • Constitution
  • Foreign policy
  • Employment
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5
Q

If the EU were to impose a new legislation on its Member States, how would this affect (1) the UK, and (2) Scotland? (directive)

A

New EU legislation becomes written into UK laws because the UK is a Member State of the EU. The UK Parliament can either ‘copy & paste’ the legislation set forth by the EU or it can replicate and add to it. However, it is bound to incorporate it into UK law at the very least

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6
Q

Are decisions from English common law binding on Scottish court decisions? Elaborate.

A

Precedent from English cases is not binding in Scotland, but can be highly persuasive, especially in areas where Scottish and English law are very similar.

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7
Q

How many Member States does the EU currently have?

A

28

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8
Q

Why is there a need for devolved legislative competence between the UK and Scotland?

A

Some aspects of legislation involve the whole of the UK, whereas generally speaking topics which are only relevant to Scotland are decided by the Scottish Parliament.

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9
Q

Is Scotland (a) a civil law system (b) a common law system (c) a mixed legal system (d) a classical legal system

A

(c) a mixed legal system

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10
Q

Explain the legislative hierarchy between Scotland, UK and EU.

A
  1. EU Parliament
  2. UK Parliament
  3. Scottish Parliament
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11
Q

What does the European Communities Act 1972 ensure?

A

The Act ensures that EU law could be made directly binding in the UK. This was also true for EU regulations which were directly binding in the UK without the UK Parliament adopting them (e.g. General Data Protection Regulation)

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12
Q

Are international treaty obligations binding in the UK? Example: United Nations “Convention on the Rights of the Child”

A

International treaty obligations are different in the way that even though a country has signed a treaty, it only promises to adhere to those standards as best as it can, but is not bound to these guidelines. The Convention on the Rights of the Child, for example, doesn’t change domestic law concerning the minimum wage for children. An international treaty obligation is only binding if the UK Parliament were to bring the obligations of a treaty into force by making it UK law.

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13
Q

Is the UK bound to the international treaty of the Human Rights Act 1998?

A

The UK Parliament adopted the rights set out in the European Convention of Human Rights and it is thus written into UK law; the European Convention of Human Rights has been incorporated into UK laws as the Human Rights Act 1998.

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14
Q

Which Act gave the Scottish Parliament devolved competencies?

A

Scotland Act 1998 s28, s29

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15
Q

How long is the ‘grace period’ in which law can be amended, withdrawn or checked by the Scottish Parliament?

A

4 weeks!

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16
Q

What is the difference between civil and criminal jurisdiction?

A

Civil jurisdiction is a matter between two private individuals; criminal jurisdiction can be a private wrong OR a wrong against the state.

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17
Q

How could you tell if you’re dealing with an english case purely by looking at the parties?

A

In Scotland, the pursuer raises an action and the defender defends it. In England, the claimant or plaintiff brings an action and the defendant defends it.

On appeal, a party which appeals the case is the appellant and argues against the respondent.

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18
Q

Are most disputes that go to court about fact or law?

A

Very few disputes that go to court are about law; most of them are about facts (Walker, p103-111).

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19
Q

On which party does the burden of proof fall?

A

The burden of proof falls on the allegation (the party raising the action).

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20
Q

What constitutes a solemn procedure?

A

Jury of 15 & judge

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21
Q

What constitutes a summary procedure?

A

Judge alone

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22
Q

Is there a higher standard for evidence presented for criminal or civil procedures?

A

In criminal procedures the evidence submitted must ensure that the crime has been committed beyond reasonable doubt. Criminal evidence is at a higher standard because of the higher consequences of criminal proceedings.

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23
Q

What does it mean that Scotland has an adversarial system of court?

A

Adversarial system of court is where the judge is not to join the discussion but listen to both sides. Only during Children’s Hearings is it changed to an inquisitorial approach.

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24
Q

Why is it important whether judges are appointed, not elected?

A

Importance lies on judges to not decide democratically but objectively, and being able to be held accountable for their decisions.

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25
Q

Which is the highest court in the civil court system?

A

Supreme Court of the United Kingdom

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26
Q

Which is the highest court in the criminal court system?

A

Supreme Court of the United Kingdom (EU law and ECHR matters only)

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27
Q

What is the difference between the Inner and Outer House?

A

The Outer House acts as a court of first instance for more serious matters (£100,000+), and the Inner House acts as an appellate court and will also take appeals from the Outer House.

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28
Q

What is the Extra Division?

A

The Extra Division is set up when neither the Lord President (1st Division) or the Lord Justice-Clerk (2nd Division) are available. All Divisions have the same authority.

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29
Q

What pastoral support is given to witnesses?

A

Witnesses have the right to be kept informed of the progress of the case, the ability to claim expenses for travel to and from the court as well as compensation for loss of earnings incurred as a result of attending court. They have the right for a needs assessment should they wish, and being treated with dignity and respect at all times. They are also entitled to receive special measures if they are considered to be a vulnerable or intimidated witness.

30
Q

Which courts are jointly referred to as the Supreme Court of Scotland?

A

Court of Session and the High Court of Justiciary

31
Q

Which court is the newest court

A

Sheriff Appeal Court

32
Q

What constitutes a simple procedure or an ordinary procedure in civil jurisdiction?

A

Simple procedures: up to £5,000

Ordinary procedure: over £5,000

33
Q

Which court is a court of first instance for murder or rape?

A

High Court of Justiciary (very serious first instance court)

34
Q

What kind of judge must always be present during criminal jurisdiction cases?

A

One of the parties will always be Her Majesty’s Advocate (higher level) or the Procurator Fiscal (lower level)

35
Q

What is the prosecution referred to during criminal cases?

A

The Crown

36
Q

Which Societies do solicitors and advocates in Scotland belong to?

A

Law Society of Scotland

Faculty of Advocates

37
Q

What do you call (1) a solicitor in court, and (2) an advocate in court?

A

Solicitor = agent

advocate = counsel
several advocates = counsel

38
Q

How are crimes prosecuted?

A

By the Crown Office and Procurator Fiscal Service

39
Q

Who advises the UK Government?

A

Advocate General for Scotland

40
Q

Who presides over the First and Second Division of the Inner House?

A 
1st = Lord President
2nd = Lord Justice Clerk 
Extra = most senior judge available
41
Q

What does it mean when someone refers to ‘the Bench’?

A

The Bench means both the chair in which a judge sits and the judges referred to collectively.

42
Q

What are judges referred to during Court of Session cases/

A

When sitting in Court of Session, judges are NOT Commissioners of Justiciary (criminal judges). They are either Lords of Council and Session or Senators of the College of Justice, depending.

43
Q

List the highest ranking judges for civil and criminal procedures

A 
Civil = Lord President 
Criminal = Lord Justice General

they are the same person, but with different titles

44
Q

What do the following mean?

(1) UKSC
(2) CSOH
(3) HCJAC
(4) HCJT

A

(1) Supreme Court of the United Kingdom
(2) Outer House Court of Session
(3) High Court of Justiciary sitting as an Appeal Court
(4) High Court of Justiciary sitting as a trial court

45
Q

Where are Session Cases produced?

A

Session Cases are produced by the Scottish Council of Law Reporting

46
Q

[2007] SAC (Crim) 17

A
  • Sheriff Appeal Court (Criminal)

- 17th case heard in this court in 2007

47
Q

[2007] SC GLA 17

A
  • 17th case heard in Sheriff Court, Glasgow in 2007
48
Q

2007 SC 17

A

This is a law report citation

2007 volume of Session Cases from page 17

49
Q

2007 SC (HL) 17

A

case reported in 2007 in the House of Lords section of the Session Cases beginning on page 17

50
Q

[2007] SAC (Civ) 17

A

17th case from 2007 heard in the Sheriff Appeal Court (Civil)

51
Q

What is the neutral citation?

A

the unique number assigned to each case. Cases before 2000 have no neutral citation. Cases in Scotland always have square brackets

52
Q

What do the following mean?

1) SCLR
(2) UKHL
(3) UKPC
(4) SC (PC

A

(1) Scottish Civil Law Report
(2) House of Lords UK
(3) UK Privy Council
(4) Privy Council section of Session Cases

53
Q

2005 1 SC 307

A

case reported in Vol 1 of the 2005 Session Cases beginning on page 307

54
Q

Where can you find a headnote?

A

If you follow a law report citation to read a law report. Neutral citation takes you only to the judgment.

55
Q

What is meant by the hierarchy of the courts?

A

Certain courts hold more authority than others because they are considered to have more power. The Scottish Civil Court System is set out like a mountain, where lower courts are bound by precedent of higher courts in the line of appeal, whereas higher courts may be persuaded by precedent of lower courts. Further, a court is bound to its own previous decisions.

56
Q

How are the judges appointed and what legal structures protect the independence of the judiciary from the executive government?

A

Judges are appointed by the Queen on advice of the Lord Chancellor. The Constitutional Reform Act 2005 has removed the appointment of judges from the overtly political arena. Further, judges only hold office during good behaviour, as laid out in the Bill of Rights 1689, which protects their independence and gives them greater security of tenure.

57
Q

What types of cases fall within the jurisdiction of the Sheriff Court?

A

The Sheriff Court acts as a court of first instance and deals with civil cases with a monetary value of up to £100,000 as well as criminal cases except treason, murder or rape.

58
Q

What types of cases might come before a Justice of the Peace Court?

A

A Justice of the Peace Court deals with the less serious summary crimes, such as speeding, careless driving and breach of the peace. One can only get fined up to £2,500 or receive a prison sentence of up to 60 days.

59
Q

What are the functions of the High Court of Justiciary, and what is the relationship between it and the Court of Session?

A

The High Court of Justiciary is Scotland’s supreme criminal court. During the trials it hears the most serious criminal cases, such as murder and rape. The High Court of Justiciary has the power to regulate criminal procedure in the criminal courts in Scotland. The High Court of Justiciary is the CRIMINAL court hierarchy equivalent to the CIVIL court hierarchy to the Court of Session (both second highest in their respective court hierarchies).

60
Q

What are the functions of the Court of Session, and what is the significance of saying that it is a “collegiate court”?

A

The Court of Session deals with high value claims of more than £100,000 on subjects such as personal injury claims, breaches of contract or duty or care, family law such as divorce, child abduction or adoptions, and the review of local or central government decisions.

61
Q

Quickly draw out the hierarchy of the civil court system.

A

Top: Supreme Court UK
Middle: Court of Session IH
Low: Outer House, Sheriff Appeal Court
Lowest: Sheriff Court

62
Q

Quickly draw out the hierarchy of the criminal court system

A

Top: Supreme Court UK
Middle: High Court of Justiciary
Low: Sheriff Appeal Court
Lowest: High Court of Justiciary (trials), Justice of the Peace Court, Sheriff Court

63
Q

What is the fundamental principle of the feudal land law?

A

The theory is that the Crown owns all the land, but grants it out in pieces to supporters in return for services rendered. These tenants may grant out pieces of their land to sub-tenants in return, again, for services rendered.

It was abolished by the Abolition of Feudal Tenure (Scotland) Act 2000 (which took effect in November 2004).

64
Q

What is stare decisis?

A

“To stand by what has been decided” - to acknowledge precedent from case law. The fundamental rule is that a precedent can only bind in a later case if it has the same material facts. However, facts only ever happen once. Therefore, everything depends on the degree of relevant similarity between the facts of the precedent decision and the case at hand.

65
Q

How are cases binding?

A

Relevant decisions bind VERTICALLY DOWN an appellate court hierarchy. At most, they can be persuasive vertically up. Decisions are also binding or persuasive horizontally across the court hierarchy.

Strength in numbers = the number of judges who participate in the judicial decision may affect its binding force.

66
Q

When are cases published for the public?

A

Only where there is a significant point of law or particular public interest will the details be published (Scottish Courts and Tribunal Services)

67
Q

What is a Henry VIII clause?

A

A provision in a Bill which enables primary legislation to be amended or repealed by subordinate legislation, with or without further Parliamentary scrutiny

68
Q

How many Acts of the Scottish Parliament were passed in 2018? And in 2019?

A 
2018 = 15 
2019 = 4
69
Q

What are Statutory Instruments (SIs)?

A

Most commonly used secondary legislation. A Minister is allowed to make law on the matters identified in the act and using the parliamentary procedure set out in the Act.

70
Q

What are the burden of proof and the standard of proof?

A

Burden of proof = rests on the allegation which needs to show evidence to support their claim

Standard of proof = level of evidence which must be presented before an act can be said to exist or not exist. For example, the standard of proof differs between civil and criminal courts; it is higher in criminal cases because proof needs to be ‘beyond reasonable doubt’ as the stakes are higher - compared to civil cases where there needs to be sufficient proof for reasonable doubt.

SLS MCQs (2 decks)

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