Week 1: Court terminology

Question 1

Double Jeopardy

Answer 1

This prevents a person from being brought before the courts for a second time on the same charge after being acquitted.

Double jeopardy is a widely-held legal principal, and forms part of the European Convention on Human Rights (ECHR).

Question 2

Plea in mitigation

Answer 2

A submission made on behalf of the accused prior to sentencing setting out reasons for minimising the sentence to be imposed.

Question 3

Stated Case

Answer 3

Procedure for lodging appeal following summary trial.

Question 4

Bill of advocation

Answer 4

to take a criminal case from an inferior court to a superior court on account of partiality or incapacity of the judge or intricacy of the case.
It is now also a means of review for errors by an inferior judge during a criminal case up to sentence.
.

Question 5

Bill of suspension

Answer 5

An application by the person affected to the High Court of Justiciary from a court of summary jurisdiction seeking to review and set aside an illegal or improper warrant, conviction or decision.

Question 6

In what way does a charge of murder differ from a charge of culpable homicide?

Answer 6

Mens rea (1 mark for criminal intent/mind) 
For murder is intention to kill 
Or wicked recklessness

Question 7

Standard of proof in civil case?

Answer 7

Court decides on “balance of probabilities” – “in other words, the judge or jury has to decide which of the conflicting stories is more probable” (p.53, McInnes, 2010)

Question 8

Standard of proof in criminal case?

Answer 8

With a criminal case, it’s based on “beyond reasonable doubt”.

Question 9

Pursuer

Answer 9

The person who starts a case in the Civil court

Question 10

Defender

Answer 10

The person who is being sued and who civil proceedings have been brought against

Question 11

Delict

Answer 11

A civil wrong for which damages can be awarded

Question 12

Damages

Answer 12

Compensation for harm caused by civil wrong

Question 13

Interdict

Answer 13

a court order by judge put in place to protect people or places

Question 14

Sources of law in scotland

Answer 14

The Scottish Parliament (on devolved matters)
•The UK Parliament (on reserved matters)
•Courts and Case Law (including Court of Session and UK Supreme Court)
•Human Rights Act and the European Human Rights Convention
•European Court of Justice
•European Court of Human Rights

Question 15

advocate

Answer 15

The Scottish law term for a barrister; one who argues cases for clients before the Court.

Question 16

councel

Answer 16

Becoming senior counsel or QC means that an Advocate is very experienced and is very highly regarded in the legal profession.

Question 17

to sue

Answer 17

to bring a civil action against someone, the punishment of which is paying damages

“Sue” is generally used for civil trials. These are trials where the punishment is paying money to the person who is suing.

Question 18

to prosecute

Answer 18

conduct legal proceedings against (a person or organization).
“Prosecute” is generally used for criminal trials. These are trials where the punishment is usually jail.

Question 19

settlement

Answer 19

In Civil Law, Settlement refers to the legal agreement adopted by opposing parties before or during court proceedings, spelling out the negotiated terms and obligations that all will accept to officially end a dispute. Most civil cases are decided not by trial, but by settlement

Question 20

held liable

Answer 20

legally responsible for causing damage or injury, so that you have to pay something or be punished. If something goes wrong, you’ll be liable.

Question 21

guilty, not guilty, not proven

Answer 21

GUILTY: This means the evidence has been enough to prove ‘beyond reasonable doubt’ that the accused person committed the crime or part of the crime. The judge will consider the most appropriate sentence or punishment.

NOT GUILTY: It is simply one of two possible acquittal verdicts. means the accused has been found not guilty of committing the crimes they are charged with. the accused cannot be tried again for the same offence.

NOT PROVEN: a verdict that there is insufficient evidence to establish guilt or innocence. the accused cannot be trialled again for the same offence.

Question 22

convicted

Answer 22

Under Scots law, a criminal trial may end in one of three verdicts: one of conviction (“guilty”) and two of acquittal (“not proven” and “not guilty”). … Over time, the “not guilty” verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers.

Question 23

acquitted, in chambers

Answer 23

Under Scots law, a criminal trial may end in one of three verdicts: one of conviction (“guilty”) and two of acquittal (“not proven” and “not guilty”). … Nowadays, juries can return a verdict of either “not guilty” or “not proven”, with the same legal effect of acquittal.

Question 24

bail

Answer 24

where an accused is released from custody on the condition that they meet certain obligations.

The accused will sign a bail order, which is an undertaking to meet certain standard conditions.

Question 25

reprimand

Answer 25

A reprimand was a formal verbal warning given by a police officer to a young person who admitted they are guilty of a ‘minor’ first offence. The police passed on the details to the local Youth Offending Team of those young people given a reprimand.

Question 26

complaint

Answer 26

A document starting summary criminal proceedings in a sheriff court

Question 27

accused

Answer 27

A person charged with breaking the law. The term defendant is not used in Scotland.

Question 28

complainer

Answer 28

the person who instigates a criminal investigation in Scotland. The prosecution itself is initiated by the Crown.

Question 29

summons

Answer 29

an order issued by the Court of Session or by a Sheriff, informing a person that civil proceedings are being taken against him, detailing the circumstances of the action and citing him to appear in court.

Question 30

petition

Answer 30

In solemn criminal cases, a petition sets out the charges against the accused and starts the formal court process. It is also a document used to begin certain types of civil court cases.

Question 31

common law

Answer 31

the part of English law that is derived from custom and judicial precedent rather than statutes.