The Nature & Sources of Scot's Law

Question 1

What is law?

Answer 1

Law is a system of rules & regulations. Law is split into public & private law. Private law is split into legal persons, things & actions. Things are split into property (traditional & intellectual) and obligations (voluntary & involuntary)

Question 2

What is a legal person?

Answer 2

A legal person is any thing that can enter into a contract, buy property, pay taxes etc. A company can be a legal person.

Question 3

What is capacity?

Answer 3

Capacity is an entity that determines whether a person is in the right frame of mind to enter into a legally binding contract (e.g not a minor or vulnerable person)

Question 4

What is Scotland’s legal system like?

Answer 4

Scotland has a mixed legal system (combines both common & civil law)

Question 5

What is Jurisdiction?

Answer 5

Jurisdiction determines which court has legal rights to a case

Question 6

What is the Court of Sessions?

Answer 6

The Court of Sessions is the highest civil court that is physically based in Scotland (Scotland’s Supreme Civil Court) & is split into Outer House (hears first instance cases) & Inner House (appeal court)

Question 7

What is the High Court of Justiciary?

Answer 7

The High Court of Justiciary is the highest criminal court based in Edinburgh (Scotland’s Supreme Criminal Court)

Question 8

What does Hierarchy mean?

Answer 8

Hierarchy means cases are decided top to bottom

Question 9

What does Precedent mean?

Answer 9

Precedent means courts are bound by law to make certain decisions based on past cases with similar facts decided by higher courts. Lower courts are limited in their ability to make new laws.

Question 10

What is the Ratio Decidendi & Obiter Dicta?

Answer 10

Must identify main legal points (Ratio Decidendi) & the persuasive part of a decision (Obiter Dicta)

Question 11

What does stare decisis mean?

Answer 11

Stare decisis – to stand by things decided or judges must follow precedent (past cases)