Scottish Legal System Flashcards
What are the 6 Types of Law?
- Common law & Statute law or legislation
- Private law & Public law
- Criminal law & Civil law
What must a legal rule have?
A former source where is gets authority as a law.
What is Civil law/ Civil Justice System?
The resolution of legal disputes between private individuals or organisations, one having suffered loss as a result of the others wrongful behaviour.
What is Criminal Law/ Criminal Justice System?
The prosecution of those individuals who threaten the security of society. The state maintains law and order by punishing criminal and anti-social behaviour.
What is a First instance/trial Court?
A court in which legal proceeding are begun or first heard.
What is an Appeal Court?
A higher court that has the power to review and change outcomes of decisions of lower courts.
What is a Summary Procedure?
A procedure conducted without a jury. Covers less serious cases.
What is a Solemn Procedure?
A procedure conducted with a jury (judge/sheriff & jury). Covers the most serious cases.
What does a jury consist of?
- 15 individuals
- Simple majority
- Verdict: guilty, not guilty, not proven
What percentage of criminal cases are Summary?
95%
What are the 5 Courts in the Scottish Civil Court System?
In order of importance
1- Supreme Court of the UK
2- Court of Session (Outer & Inner House)
3- Sheriff Civil Appeal Court
4- The Sheriff Court & Personal Injury Court
In the Court of Session what does the Outer House deal with?
Trials
In the Court of Session what does the Inner House deal with?
Appeals
What was the purpose of The Courts Reform (Scotland) Act 2014?
- To improve access to the civil justice system.
- Make the Court of Session a place for more complex cases.
- Provide greater consistency.
What are the 5 Courts in the Scottish Criminal court system?
1- Supreme Court of the UK (only deals with devolution & human rights)
2- The High Court of Justiciary ( First instance & Scottish Court of Criminal Appeal)
3- Sheriff Criminal Appeal Court
4- The Sheriff Court (Summary & Solemn)
5- The Justice of the Peace Court
How are Summary cases dealt with in The Sheriff Court (Criminal)?
The decision of the case is made by the Sheriff.
How are Solemn cases dealt with in The Sheriff Court (Criminal)?
Solemn cases involve the jury in the decision making.
What changes were made following the Courts Reform (Scotland) Act 2014)?
- Establish a Sheriff Appeal Court
- Establish a specialist Personal Injury Court
- Simple procedure replaces small claim and summary procedures
What was the redistribution of civil businesses under the Courts Reform (Scotland) Act 2014?
Redistribution of civil businesses from the Court of Session to the Sheriff Court by raising exclusive competence of the Sheriff Court from £5,000 to £100,000.
An appeal from the Sheriff Ordinary lies to
The Sheriff Appeal Court
Are all Acts passed by the Scottish Parliament are delegated legislation?
Yes
The Courts Reform (Scotland) Act 2014 established the Sheriff Appeal Court
True
An appeal from the Sheriff Solemn Court lies to
The High Court of Justiciary
The Scottish Parliament has the power to introduce new taxes
True
What is a Breach of contract (civil or criminal)?
Civil
The Sewel Motion gives the Scottish Parliament an opportunity to avoid legislation on certain issues
true
The Courts Reform (Scotland) Act 2014 established the All Scotland Personal Injury Court (in Edinburgh).
true
How many individuals serve on a criminal jury in Scotland?
15
The Sheriff Appeal Court only hears civil appeals from the Sheriff Courts
false
What applies to the burden of proof in a criminal case?
- It must be proved beyond reasonable doubt
- It lies with the prosecution
Judges of the Court of Session don’t need to follow the decision made in the Sheriff Court if they encounter a similar legal problem.
true
Who is the Scottish civil court normally bound to follow?
A ratio of a higher court
In case law an obiter dictum is not binding in any courts
true
What is the maximum custodial sentence which may be imposed by the Sheriff Solemn Court?
5 Years
Under which types of procedure in the Sheriff Court would you bring an action for payment of £4,200?
A simple procedure
