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
