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Business Law > Scottish Legal System > Flashcards

Scottish Legal System Flashcards

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1
Q

What are the 6 Types of Law?

A
  • Common law & Statute law or legislation
  • Private law & Public law
  • Criminal law & Civil law
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2
Q

What must a legal rule have?

A

A former source where is gets authority as a law.

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3
Q

What is Civil law/ Civil Justice System?

A

The resolution of legal disputes between private individuals or organisations, one having suffered loss as a result of the others wrongful behaviour.

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4
Q

What is Criminal Law/ Criminal Justice System?

A

The prosecution of those individuals who threaten the security of society. The state maintains law and order by punishing criminal and anti-social behaviour.

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5
Q

What is a First instance/trial Court?

A

A court in which legal proceeding are begun or first heard.

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6
Q

What is an Appeal Court?

A

A higher court that has the power to review and change outcomes of decisions of lower courts.

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7
Q

What is a Summary Procedure?

A

A procedure conducted without a jury. Covers less serious cases.

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8
Q

What is a Solemn Procedure?

A

A procedure conducted with a jury (judge/sheriff & jury). Covers the most serious cases.

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9
Q

What does a jury consist of?

A
  • 15 individuals
  • Simple majority
  • Verdict: guilty, not guilty, not proven
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10
Q

What percentage of criminal cases are Summary?

A

95%

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11
Q

What are the 5 Courts in the Scottish Civil Court System?

A

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

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12
Q

In the Court of Session what does the Outer House deal with?

A

Trials

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13
Q

In the Court of Session what does the Inner House deal with?

A

Appeals

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14
Q

What was the purpose of The Courts Reform (Scotland) Act 2014?

A
  • To improve access to the civil justice system.
  • Make the Court of Session a place for more complex cases.
  • Provide greater consistency.
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15
Q

What are the 5 Courts in the Scottish Criminal court system?

A

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

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16
Q

How are Summary cases dealt with in The Sheriff Court (Criminal)?

A

The decision of the case is made by the Sheriff.

17
Q

How are Solemn cases dealt with in The Sheriff Court (Criminal)?

A

Solemn cases involve the jury in the decision making.

18
Q

What changes were made following the Courts Reform (Scotland) Act 2014)?

A
  • Establish a Sheriff Appeal Court
  • Establish a specialist Personal Injury Court
  • Simple procedure replaces small claim and summary procedures
19
Q

What was the redistribution of civil businesses under the Courts Reform (Scotland) Act 2014?

A

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.

20
Q

An appeal from the Sheriff Ordinary lies to

A

The Sheriff Appeal Court

21
Q

Are all Acts passed by the Scottish Parliament are delegated legislation?

A

Yes

22
Q

The Courts Reform (Scotland) Act 2014 established the Sheriff Appeal Court

A

True

23
Q

An appeal from the Sheriff Solemn Court lies to

A

The High Court of Justiciary

24
Q

The Scottish Parliament has the power to introduce new taxes

A

True

25
Q

What is a Breach of contract (civil or criminal)?

A

Civil

26
Q

The Sewel Motion gives the Scottish Parliament an opportunity to avoid legislation on certain issues

A

true

27
Q

The Courts Reform (Scotland) Act 2014 established the All Scotland Personal Injury Court (in Edinburgh).

A

true

28
Q

How many individuals serve on a criminal jury in Scotland?

A

15

29
Q

The Sheriff Appeal Court only hears civil appeals from the Sheriff Courts

A

false

30
Q

What applies to the burden of proof in a criminal case?

A
  • It must be proved beyond reasonable doubt

- It lies with the prosecution

31
Q

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.

A

true

32
Q

Who is the Scottish civil court normally bound to follow?

A

A ratio of a higher court

33
Q

In case law an obiter dictum is not binding in any courts

A

true

34
Q

What is the maximum custodial sentence which may be imposed by the Sheriff Solemn Court?

A

5 Years

35
Q

Under which types of procedure in the Sheriff Court would you bring an action for payment of £4,200?

A

A simple procedure

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