Scottish Legal System - Week 3 Flashcards
What is Law?
A set of Legally Enforceable Rules which -
Govern society
Establish legally enforceable rights and duties
Regulate businesses in their dealings with the public, clients, employees and other businesses
Where do our legal rules come from?
- Statutory Source – laws made by Parliament (legislation).
- Common Law – developed over time through:
- Judges’ decisions in court (judicial precedent)
- Old legal writings by experts (institutional writings)
- Long-standing traditions (custom)
What are the types of statutory sources of law in Scots Law?
Statutory sources include:
Primary Legislation:
Acts of the Scottish Parliament
Acts of the UK Parliament
Secondary Legislation:
Rules made under delegated powers from an Act
European Union Legislation:
Some EU laws still apply in specific areas
What are the non-statutory sources of Scots Law?
These are legal sources not made by Parliament, and include:
Judicial Precedent – Judge-made law based on past decisions in court
Institutional Writings – Old texts by respected legal scholars (like Stair, Erskine, and Bell)
Custom – Long-standing practices accepted as legally binding over time
What are the two main branches of Scots Law and what do they include?
Public Law (about the state and public bodies):
Constitutional Law – how the government is organised and how powers are shared
Administrative Law – rules about public bodies and their decisions
Criminal Law – crimes and punishments
Private Law (about individuals and property):
Law of Persons – status of individuals (e.g. family, legal capacity)
Law of Things – ownership and property rights
Law of Actions – how to take a civil case to court
What are the two main types of law that all legal rules fall under?
Civil Law:
– Deals with disputes between individuals or organisations
– Aim: to resolve disputes (usually compensation, not punishment)
Examples of Civil Law Matters:
Contract
Delict (like personal injury or negligence)
Family Law
Succession (inheritance)
Conveyancing (buying/selling property)
Criminal Law:
– Deals with offences against the law or society
– Aim: to punish and prevent harm to the public
Examples of Crimes:
Murder
Theft
Assault
Breach of the Peace
Drunk Driving
What types of courts and tribunals exist in Scots Law and what do they deal with?
Criminal Courts:
– Deal with prosecutions by the state against people accused of crimes
– Aim: to determine guilt and give appropriate punishment
Civil Courts:
– Used to settle disputes between legal persons (individuals, companies, organisations)
– Aim: to resolve disagreements, often involving compensation or specific actions
Specialist Tribunals:
– Deal with specific areas of law in a more informal setting
– Example: Employment Tribunals handle disputes between employers and employees
