Week 3

Question 1

What does s.2 of the Scotland Act 1998 state?

Answer 1

That the Scottish Parliament can make any laws subject to s.29

Question 2

What does s.29 of the Scotland Act 1998 state?

Answer 2

(1) Laws out with their competence is void
(2) (a) Only make for Scotland
(b) Cannot on reserved matters
(d) can’t go against convention rights or EU law

Question 3

What are reserved matters?

Answer 3

Things like the crown, defence, court of session and so on.

Question 4

What is a good summary of devolved powers for Scotland?

Answer 4

All matters are devolved except those that are reserved

Question 5

What Acts can Scotland amend?

Answer 5

Scotland can amend Act of their own or the UK Parliament as far as acting in Scotland. If subject is a devolved matter and is in a Westminster Act, can amend for Scotland.

Question 6

What happens when Act are made in Scotland?

Answer 6

There is a four-week grace period for royal assent which allows anyone to challenge the act in case it falls outside Scottish Parliaments competence

Question 7

What are the courts of first instance?

Answer 7

The Sheriff Court and The Court of Session (Outer House)

Question 8

What are the terms for the parties in Scotland?

Answer 8

Pursuer (Appellant/reclaimer)

Defender (Respondent)

Question 9

What are the terms for the parties in England?

Answer 9

Claimant and Defendant

Question 10

What are the six main remedies for disputes handed down by courts?

Answer 10

1. Damages
2. Order to pay a fixed sum
3. Specific Implement
4. Interdict
5. Reduction
6. Declarator

Question 11

Who has burden of proof?

Answer 11

If you make the claim, you have to prove it. Evidence must be admissible to be heard.

Question 12

What can judges do for trivial things that don’t need proven?

Answer 12

Take judicial notice and say Thursday is after Wednesday without requirement of proof.

Question 13

What is the standard of proof in civil and criminal?

Answer 13

In civil it has to be against the balance of probabilities, or past 50/50.

In criminal it has to be beyond reasonable doubt.

Question 14

When are juries used?

Answer 14

Only really in criminal trials, with judges deciding civil cases. Some criminal cases are decided by just judges too.

Question 15

What court system is used in Scotland?

Answer 15

An adversarial system, rather than inquisitorial

Question 16

How do you become a judge?

Answer 16

You are appointed, not elected. Fulfil their judicial oath, not to carry out policies of government.

Question 17

How does the Court of Session split up?

Answer 17

The outer house is the court of first instance.
The inner house is the court in its appellate capacity.
If you appeal from the OH to the IH it’s called a reclaiming motion and the pursuer is the reclaimer.

Question 18

What are the divisions of the CS?

Answer 18

The first, the second and the extra division.
They are all equal in standing, with the extra division used when the work load is too much for the first two divisions.
It is a collegiate court so judges can sit on all divisions

Question 19

How does the criminal court system work?

Answer 19

1. Justice of the Peace or Sheriff Court
2. Sheriff Appeal Court
3. High Court of Justiciary
4. High Court of Justiciary (Court of Appeal)
5. Supreme Court