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Encyclopedia > Law of Scotland
Politics - Politics portal
Scotland

This article is part of the series:
Politics and government of
Scotland
Politics, sometimes defined as the art and science of government[1], is a process by which collective decisions are made within groups. ... Motto: Nemo me impune lacessit (English: No one provokes me with impunity) Scotlands location within Europe Scotlands location within the United Kingdom Languages English, Gaelic, Scots Capital Edinburgh Largest city Glasgow First Minister Jack McConnell Area - Total - % water Ranked 2nd UK 78,782 km² 1. ... Scotland is one of the four constituent nations of the United Kingdom of Great Britain and Northern Ireland. ...

Scots law

Scottish Parliament For the national legislative body up to 1707, see Parliament of Scotland. ...

Presiding Officer
Members (MSPs)
Constituencies

Scottish Executive The Presiding Officer (Oifigear-Riaghlaidh in Scots Gaelic) is the person elected by the Members of the Scottish Parliament to chair their meetings. ... Member of the Scottish Parliament (MSP) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament. ... The Scottish Parliament (Holyrood) has 73 constituencies, each electing one Member of the Scottish Parliament (MSP) by the first past the post system of election, and eight additional member regions, each electing seven additional member MSPs. ... The term Scottish Executive is used in two distinct but closely related senses. ...

First Minister
Crown Office
Lord Advocate
Solicitor General

Local government The First Minister (First Meinister in Scots; Prìomh Mhinistear in Scots Gaelic) is the leader of Scotlands national devolved government, the Scottish Executive, which was established in 1999 along with the reconvened Scottish Parliament. ... The Crown Office and Procurator Fiscal Service is a government department in Scotland that is responsible for the public prosecution of alleged criminals. ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scots Gaelic), was the chief legal adviser of the United Kingdom Government and the Crown in Scotland for both civil and criminal matters until the passing of the Scotland Act 1998. ... Her Majestys Solicitor General for Scotland (Àrd-neach-lagha a Chrùin an Alba) is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Executive on Scots Law. ... The local government of Scotland is organised into 32 unitary authorities covering the mainland and islands of Scotland. ...

Subdivisions of Scotland

Elections
Political parties For local government purposes, Scotland is divided into 32 areas designated as Council Areas which are all governed by unitary authorities designated as Councils. They have been in use since April 1, 1996, under the provisions of the Local Government etc. ... Wikipedia does not yet have an article with this exact name. ... Parties represented in the Scottish Parliament (in order of number of representatives): Labour Party - Centre-left, unionist - 50 MSPs Scottish National Party (SNP) - Centre-left, pro-independence- 27 MSPs Conservative and Unionist Party - Centre-right, unionist - 18 MSPs Liberal Democrats - Centre, federalist - 17 MSPs Scottish Green Party - Environmentalist, pro-independence...

UK Parliament: The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...

Reserved matters
Scotland Office
Secretary of State for Scotland
Advocate General
See also History of Scotland

edit In the United Kingdom reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as stated by the Scotland Act 1998, Northern Ireland Act 1998 or Government of Wales Act 1998. ... The Scotland Office (Oifis na h-Alba in Scottish Gaelic) is a department of the United Kingdom government, responsible for reserved Scottish affairs. ... The Secretary of State for Scotland (Rùnaire Stàite na h-Alba in Scottish Gaelic) is the chief minister in the government of the United Kingdom with responsibilites for Scotland, at the head of the Scotland Office (formerly The Scottish Office). ... Her Majestys Advocate General for Scotland is one of the Law Officers of the Crown, whose duty is to advise the Crown and Government on the law. ... Stirling Castle has stood for centuries atop a volcanic crag defending the lowest ford of the River Forth. ...

Scots law (or Scottish law) is the law of Scotland. This article or section does not cite its references or sources. ... Motto: Nemo me impune lacessit (English: No one provokes me with impunity) Scotlands location within Europe Scotlands location within the United Kingdom Languages English, Gaelic, Scots Capital Edinburgh Largest city Glasgow First Minister Jack McConnell Area - Total - % water Ranked 2nd UK 78,782 km² 1. ...


Scots law is a unique system with ancient roots and has a basis in Roman law, combining features of both uncodified Civil law dating back to the Corpus Juris Civilis and common law with medieval sources. Thus Scotland has a pluralistic legal system, comparable to that of Quebec, Louisiana and South Africa. Roman law is the legal system of ancient Rome. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... Civil law is a codified system of law that sets out a comprehensive system of rules that suck are applied and interpreted by judges. ... This article is in need of attention from an expert on the subject. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times. ... In the social sciences, pluralism is a framework of interaction in which groups show sufficient respect and tolerance of each other, that they fruitfully coexist and interact without conflict or assimilation. ... Motto: Je me souviens (French: I remember) Official languages French Capital Quebec City Largest city Montréal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area Total  â€¢ Land  â€¢ Water    (% of total)  Ranked 2nd 1,542,056 km² 1,183,128 km² 176... Official language(s) English and French Capital Largest city Baton Rouge New Orleans at last census; probably Baton Rouge since Hurricane Katrina Area  - Total   - Width   - Length    - % water  - Latitude  - Longitude Ranked 31st 51,885 sq mi  134,382 km² 130 miles  210 km 379 miles  610 km 16 29°N to...


Since the Acts of Union, in 1707, it shares a legislature with the rest of the United Kingdom. Scotland and England and Wales each retained fundamentally different legal systems, but the Union brought further English influence on Scots law. In recent years Scots law has also been affected by European law under the Treaty of Rome, and laws can now be passed by the Scottish Parliament within its areas of legislative competence. The Acts of Union were two Acts of Parliament passed in 1707 (taking effect on 1 May) by the Parliament of England and the Parliament of Scotland. ... A legislature is a governmental deliberative assembly with the power to adopt laws. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the British Isles Languages None official English de facto Capital None official London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001... The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... For the national legislative body up to 1707, see Parliament of Scotland. ...


The difference of basis between Scots and English law does not have much obvious effect on day to day life, but while some differences are very minor such as arbiters (in Scotland) being called arbitrators in England, significant variation shows in some circumstances, an example being house buying where Scots practice makes the English problem of gazumping a rarity in Scotland. Another example would be the ability for Scottish judges and juries to return a verdict of 'not proven' in criminal cases. Lawburrows, a summary civil action before a Sheriff to prevent a threat of violence, is another example. Scottish juries are composed of 15 members. English law is a formal term of art that describes the law for the time being in force in England and Wales. ... The verb gazump means to ditch a sale agreement at the last minute in order to accept an higher offer. ... A judge or justice is an official who presides over a court. ... A jury trial is a trial in which the judge of the facts, as opposed to the judge of the law, is a jury, made up of citizens selected from among a pool that has been randomly selected and are generally not legal professionals. ... In law, a verdict indicates the judgment of a case before a court of law. ... Not proven is a verdict available to a court in Scotland. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... Lawburrows is a little-known civil action in Scots law initiated by one person afraid of anothers possible violence. ... Look up Civil in Wiktionary, the free dictionary The word Civil is derived from the Latin word civilis, from civis (citizen). Used as an adjective, it may describe several fields, concepts, and people: Civil death Civil defense Civil disobedience Civil engineering Civil law Civil liberties Civil libertarianism Civil marriage Civil... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ...

Contents


Legal system

Governance and administration

Many areas of Scots law are legislated for by the Scottish Parliament whose authority devolved from the Parliament of the United Kingdom (Westminster). Areas of Scots law over which the Scottish Parliament has competency include health, education, criminal justice, local government, environment and civil justice amongst others. However, certain powers are reserved to Westminster such as defence, international relations, fiscal and economic policy, drugs law, and broadcasting, amongst others. A legislature is a governmental deliberative assembly with the power to adopt laws. ... For the national legislative body up to 1707, see Parliament of Scotland. ... For devolution as a term sometimes misapplied to evolution, see devolution (fallacy) Devolution or home rule is the granting of powers from central government to government at regional or local level. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... In the United Kingdom reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as stated by the Scotland Act 1998, Northern Ireland Act 1998 or Government of Wales Act 1998. ... The Ministry of Defence (MOD, pronounced em-oh-dee) is the United Kingdom government department responsible for implementation of government defence policy and the headquarters of the British Armed Forces. ... British Prime Minister Tony Blair (left) conducting diplomacy, hosted by the President of the United States, George W. Bush at Camp David in March 2003. ... The United Kingdom, a leading trading power and financial centre, has the fourth largest economy in the world in terms of market exchange rates and the sixth largest by purchasing power parity (PPP) exchange rates. ... The prohibition of drugs through legislation or religious law is a common means of controlling the perceived negative consequences of recreational drug use at a society- or world-wide level. ... The United Kingdom has a diverse range of different types of media. ...


Minister for Justice

The Scottish Ministers have executive responsibility for the Scottish legal system, which is headed by the Minister for Justice. The Minister for Justice has political responsibility for policing, law enforcement, the courts of Scotland, the Scottish Prison Service, fire services, civil emergencies and civil justice The term Scottish Executive is used in two distinct but closely related senses. ... The Minister for Justice is the head of the Scottish Executive Justice Department and is a cabinet position in the devolved Government of Scotland. ... For the band, see The Police. ... The United Kingdom does not have a single unified judicial system - England and Wales have one system, Scotland another, and Northern Ireland a third. ... The Scottish Prison Service (SPS) is the executive agency reporting to the Scottish Executive tasked with managing prisons within Scotland. ... Firefighter with an axe A firefighter, sometimes still called a fireman though women have increasingly joined firefighting units, is a person who is trained and equipped to put out fires, rescue people and in some areas provide emergency medical services. ... Emergency operations or Emergency preparedness is a set of doctrines to prepare civil society to cope with natural or man-made disasters. ... Social justice, sometimes called civil justice, is a concept largely based on various social contract theories. ...


Legal profession

The Scottish legal profession has two main branches, Advocates and Solicitors. A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... An advocate is one who speaks on behalf of another, especially in a legal context, and particularly in reference to the system of Scots law. ... In the United Kingdom and countries having a similar legal system the legal profession is divided into two kinds of lawyers: the solicitors who contact and advise clients, and barristers who argue cases in court. ...


Advocates

Advocates, the equivalent of the English Barristers, belong to the Faculty of Advocates which distinguishes between junior counsel and senior counsel, the latter also known as Queen's Counsel. Advocates specialise in presenting cases before courts and tribunals, with near-exclusive (see solicitor-advocates below) rights of audience before the higher courts, and in giving legal opinions. They usually receive instructions indirectly from clients through solicitors, though in many circumstances they can be instructed directly by members of certain (professional) associations. A barrister (advocate in Scotland and the Channel Islands, barrister-at-law in Ireland and elsewhere) is a lawyer found in some Common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. ... The Faculty of Advocates is the collective term by which what in England are called barristers are known in Scotland. ... The title of Senior Counsel (postnominal SC; 資深大律師 in Hong Kong Cantonese [1] [2]; 高级律师 in Singapore Mandarin [3] [4]) is given to a senior barrister or advocate in some countries, especially in Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such as the Republic... The official portrait of former Canadian Prime Minister Kim Campbell, who was made Queens Counsel as Justice Minister in 1992. ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... A tribunal commonly refers to a judicial proceeding with two or more persons who act as judges. ...


Furthermore, it used to be the case that Advocates were completely immune from prosecution etc whilst conducting court cases and pre-trial work, as they had to act 'fearlessly and independently'; the rehearing of actions was considered contrary to public interest; and Advocates are required to accept clients, they cannot pick and choose. However, the seven-judge English ruling of Arthur Hall v Simmons 2000 (House of Lords) declared that none of these reasons justified the immunity strongly enough to sustain it. While this ruling is not binding in Scotland, it is widely thought the Scottish courts would assent. Furthermore, Wright v Paton Farrell accepted that immunity no longer exists in Scottish civil cases. Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ...


Solicitors

Solicitors, more numerous, are members of the Law Society of Scotland and deal directly with their clients in all sorts of legal affairs. In the majority of cases they present their client's case to the court, and while traditionally they did not have the right to appear before the higher courts, since 1992 they have been able to apply for extended rights, becoming solicitor-advocates - see below. In the United Kingdom and countries having a similar legal system the legal profession is divided into two kinds of lawyers: the solicitors who contact and advise clients, and barristers who argue cases in court. ... The Law Society of Scotland is the professional governing body for Scottish solicitors, based in Edinburgh. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ...


A solicitor also has the opportunity to become a notary public. These, like their continental equivalent, are members of a separate profession. An Embossed Notary Seal A notary public is an officer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts varying from jurisdiction to jurisdiction. ...


Solicitor-Advocates

While Solicitors and Advocates are distinct branches of the Scottish legal profession, there has been a blurring of this position in recent years. The Law Society of Scotland may, upon proof of sufficient knowledge through exams, practice, training etc, grant rights of audience before the higher courts to solicitors. This is due to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.


Courts

Law of Scotland
Flag of Scotland
This article is part of the series:
Courts of Scotland Image File history File links Flag_of_Scotland. ... The United Kingdom does not have a single unified judicial system - England and Wales have one system, Scotland another, and Northern Ireland a third. ...

College of Justice The College of Justice is a term used to describe the supreme courts of Scotland and its associated bodies. ...

Civil courts

Privy Council
House of Lords
Court of Session
Lord President
Sheriff Court
Sheriff

Criminal courts The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... The Court of Session is the supreme civil court in Scotland. ... The Lord Justice General of Scotland is head of the High Court of Justiciary, Lord President of the Court of Session and head of the judiciary in Scotland. ... The Sheriff Courts are the local Court system in Scotland. ... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ...

High Court of Justiciary
Lord Justice-General
Sheriff Court
Sheriff Principal
Sheriff
District Court
Justice of the Peace

Special courts Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... The Lord Justice General of Scotland is head of the High Court of Justiciary, Lord President of the Court of Session and head of the judiciary in Scotland. ... The Sheriff Courts are the local Court system in Scotland. ... The office of sheriff principal is unique within the judicial structure of the United Kingdom, and it cannot therefore readily be compared with any other judicial office. ... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ... A District Court is the lowest level of court in Scotland. ... A Justice of the Peace (JP) is someone appointed by means of a commission to keep the peace. ...

Court of the Lord Lyon
Lord Lyon King of Arms
Children's Hearings

Criminal justice The Court of the Lord Lyon, also know as Lyon Court, is the institution which regulates heraldry in Scotland. ... Arms of the Office of the Lord Lyon The Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that kingdom, issuing new grants of arms, and... Children’s Hearings are part of the legal and welfare systems in Scotland; they combine justice and welfare for children and young people. ...

Lord Advocate
Crown Office
Advocate Depute
Procurator Fiscal

Advocates and solicitors Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scots Gaelic), was the chief legal adviser of the United Kingdom Government and the Crown in Scotland for both civil and criminal matters until the passing of the Scotland Act 1998. ... The Crown Office and Procurator Fiscal Service provides an independent public prosecution service in Scotland. ... The Crown Office and Procurator Fiscal Service provides an independent public prosecution service in Scotland. ... The procurator fiscal is the local public prosecutor in Scotland. ...

Faculty of Advocates
Advocate
Law Society of Scotland
Solicitor-Advocate
Solicitor
Main article: Courts of Scotland
  • Criminal Courts (by increasing authority)
  • Civil Courts (by increasing authority)
  • There are also a number of specialist courts and tribunals who determine legal disputes and applications, appeal from which ultimately lies to the Sheriff court (and therefore arguably of inferior authority relative to the Sheriff Court):
  • For other such courts and tribunals, appeal lies to the Court of Session:
    • land:
      • Scottish Land Court - agricultural tenancies and crofting rights
      • Lands Tribunal for Scotland - title and land obligations
    • heraldry and genealogy:
  • Further there are a number of cross-border tribunals appeal from which lies ulitmately to the Court of Session where the proceedings originate within Scotland:

The Faculty of Advocates is the collective term by which what in England are called barristers are known in Scotland. ... It has been suggested that Barrister#Advocates in Scotland be merged into this article or section. ... The Law Society of Scotland is the professional governing body for Scottish solicitors, based in Edinburgh. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Canada and some States of Australia but not the United States. ... The United Kingdom does not have a single unified judicial system - England and Wales have one system, Scotland another, and Northern Ireland a third. ... District courts are a category of courts which exists in several nations. ... The Sheriff Courts are the local Court system in Scotland. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... The Sheriff Courts are the local Court system in Scotland. ... The Court of Session is the supreme civil court in Scotland. ... The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House. ... The Inner House is one of the two parts of the Scottish Court of Session, analogous to the Court of Appeal in England and Wales. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... Children’s Hearings are part of the legal and welfare systems in Scotland; they combine justice and welfare for children and young people. ... A LAND attack is a DoS (Denial of Service) attack that consists of sending a special poison spoofed packet to a computer, causing it to lock up. ... Heraldry is the science and art of designing, displaying, describing and recording coats of arms and badges, as well as the formal ceremonies and laws that regulate the use and inheritance of arms. ... Genealogy is the study and tracing of family pedigrees. ... The Court of the Lord Lyon, also know as Lyon Court, is the institution which regulates heraldry in Scotland. ... The Asylum and Immigration Tribunal(AIT) is a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration decisions. ... Employment law is the branch of the law that deals with employment related issues. ...

Origins and historical development

By the late 11th century Celtic law applied over most of Scotland, with Old Norse law covering the areas under Viking control (resulting in Udal Law still in force in Orkney and Shetland). As a means of recording the passage of time, the 11th century was that century which lasted from 1001 to 1100. ... Celtic Law The social structure of Iron Age Celtic society was highly developed. ... The term Viking is used to denote the explorers, traders and warriors who originated in Norway, Iceland, Denmark and Sweden and raided the coasts of the British Isles and other parts of Europe from the late 8th century to the 11th century. ... Udal law is a near-defunct Norse derived legal system, which was formerly found in the Shetland islands and Orkney. ... The Orkney Islands form one of 32 unitary council regions in Scotland, and are a Lieutenancy Area. ... See Shetland (disambiguation) for other meanings. ...


In following centuries as Norman influence grew and feudal relationships of government were introduced, Scoto-Norman law developed which was initially similar to Anglo-Norman law but over time differences increased (especially after 1328, with the end of the wars of Scottish Independence). Early in this process David I of Scotland established the office of Sheriff with civil and criminal jurisdictions as well as military and administrative functions. At the same time Burgh courts emerged dealing with civil and petty criminal matters, developing law on a continental model, and the Dean of Guild courts were developed to deal with building and public safety (which they continued to do into the mid 20th century). The Normans (adapted from the name Northmen or Norsemen) were a mixture of the indigenous people of France and the Viking invaders under the leadership of Hrolf Ganger, who adopted the French name Rollo and swore allegiance to the king of France (Charles the Simple). ... Feudalism comes from the Late Latin word feudum, itself borrowed from a Germanic root *fehu, a commonly used term in the Middle Ages which means fief, or land held under certain obligations by feodati. ... The term Scoto-Norman (also Scotto-Norman, Franco-Scottish or Franco-Gaelic) is used to described people, families, institutions and archaeological artifacts that were of Norman, Anglo-Norman, French or even Flemish origin, but came to be associated with Scotland in the Middle Ages. ... Wikipedia does not have an article with this exact name. ... Events Augustiner brew Munich May 1 - Treaty of Edinburgh-Northampton - England recognises Scotland as an independent nation after the Wars of Scottish Independence May 12 - Nicholas V is consecrated at St Peters Basilica in Rome by the bishop of Venice. ... The Wars of Scottish Independence were a series of military campaigns fought between Scotland and England in the late 13th and early 14th centuries. ... King David I (or Dabíd mac Maíl Choluim; also known as Saint David I or David I the Saint) (1084 – May 24, 1153), was King of Scotland from 1124 until his death, and the youngest son of Malcolm Canmore and of Saint Margaret (sister of Edgar Ætheling). ... Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... A sign in Linlithgow, Scotland. ... Continental Europe, also referred to as mainland Europe or simply the Continent, refers to the continent of Europe, explicitly excluding European islands and peninsulae. ... A Dean of Guild, under Scots law, was a burgh magistrate who, in later years, had the care of buildings. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999 in the...


From the end of the 13th century the Scottish parliament of the Three Estates developed Statute Laws. (12th century - 13th century - 14th century - other centuries) As a means of recording the passage of time, the 13th century was that century which lasted from 1201 to 1300. ... The parliament of Scotland, officially the Estates of Parliament, was the legislature of the independent Kingdom of Scotland. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


Continental influence

From the 12th century the replacement of the Celtic church by Roman Catholicism brought Canon law and Church courts dealing with areas of civil law, introducing Roman law based on 6th century law from the Eastern Roman empire of Justinian. This influence extended as Medieval Scots students of Civil or Canon Law mostly went abroad, to universities in Italy, France, Germany or the Netherlands. (The English universities, Oxford and Cambridge, were closed to Scots.) The University of St. Andrews, founded in 1413, included the teaching of Civil and Canon Law in its purposes, though it appears that little or no such teaching took place. The University of Glasgow (1451) was active in law teaching in its early years, one scholar there being William Elphinstone, who then studied abroad and went on to found the University of Aberdeen (1496) which taught canon law until the mid 16th century. Studying on the European mainland continued to be the norm for Scottish law students until the 18th century. (11th century - 12th century - 13th century - other centuries) As a means of recording the passage of time, the 12th century was that century which lasted from 1101 to 1200. ... Celtic Christianity is a term used for the form of Christianity practiced in Ireland, Wales, Cornwall and Brittany from the missions of Saint Patrick and Saint Ninian in the 5th century (also known as Old British Church, Celtic Catholic Church, Culdee Church), in Scotland from the mission of Columcille from... The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. ... In Western culture, canon law is the law of the Roman Catholic and Anglican churches. ... An ecclesiastical court (also called Court Christian) is any of certain courts having jurisdiction mainly in spiritual or religious matters. ... Civil law has at least three meanings. ... Roman law is the legal system of ancient Rome. ... This Buddhist stela from China, Northern Wei period, was built in the early 6th century. ... Byzantine Empire is the term conventionally used to describe the Roman Empire during the Middle Ages, centered around its capital in Constantinople. ... Justinian I, depicted on a contemporary coin Flavius Petrus Sabbatius Iustinianus or Justinian I (May 11, 483–November 13/14, 565), was Eastern Roman Emperor from AD August 1, 527 until his death. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times. ... A university is an institution of higher education and of research, which grants academic degrees. ... The University of Oxford, located in the city of Oxford in England, is the oldest university in the English-speaking world. ... The University of Cambridge (often called Cambridge University), located in Cambridge, England, is the second-oldest university in the English-speaking world. ... University of St Andrews The University of St Andrews was founded between 1410-1413 and is the oldest university in Scotland and the third oldest in the United Kingdom. ... // Events March 20 - Henry V becomes King of England Project of Annals of Joseon Dynasty began. ... The University of Glasgow, founded in 1451, is the largest of the three universities in Glasgow, Scotland. ... // Events February 3 - Murad II, Sultan of the Ottoman Empire dies and is succeeded by his son Mehmed II. April 11 - Celje acquires market-town status and town rights by orders from the Celje count Frederic II. June 30 - French troops under the Comte de Dunois invade Guyenne and capture... Legal education is the education of individuals who intend to become legal professionals (attorneys and judges) or those who simply intend to use their law degree to some end, either related to law (such as politics or academic) or unrelated (such as business entrepreneurship). ... A scholar is either a student or someone who has achieved a mastery of some academic discipline, perhaps receiving financial support through a scholarship. ... William Elphinstone (1431 - October 25, 1514), Scottish statesman, Bishop of Aberdeen and founder of the University of Aberdeen. ... The University of Aberdeen is one of the ancient universities of Scotland. ... 1496 was a leap year starting on Wednesday (see link for calendar) of the Gregorian calendar. ... (15th century - 16th century - 17th century - more centuries) As a means of recording the passage of time, the 16th century was that century which lasted from 1501 to 1600. ... Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands and peninsulae. ... (17th century - 18th century - 19th century - more centuries) As a means of recording the passage of time, the 18th century refers to the century that lasted from 1701 through 1800. ...


In the early 16th century a costly war pushed James V of Scotland to do a deal with Pope Paul III for funds in the form of a tithe on the church in exchange for agreeing to found a College of Justice, in 1532. By 1560 the Reformation removed Papal authority and Canon Law jurisdiction was taken over by the Commissary Courts, whose jurisdiction, along with that of the Scottish Court of Exchequer was subsumed into that of the Court of Session in the 19th century. (15th century - 16th century - 17th century - more centuries) As a means of recording the passage of time, the 16th century was that century which lasted from 1501 to 1600. ... James V (April 10, 1512 – December 14, 1542) was king of Scotland (September 9, 1513 – December 14, 1542). ... Paul III, né Alessandro Farnese (February 29, 1468 – November 10, 1549) was pope from 1534 to 1549. ... A tithe (from Old English teogotha tenth) is a one-tenth part of something, paid as a voluntary contribution or as a tax or levy, usually to support a Jewish or Christian religious organization. ... The College of Justice is a term used to describe the supreme courts of Scotland and its associated bodies. ... Events May 16 - Sir Thomas More resigns as Lord Chancellor of England. ... Events February 27 - The Treaty of Berwick, which would expel the French from Scotland, is signed by England and the Congregation of Scotland The first tulip bulb was brought from Turkey to the Netherlands. ... The Protestant Reformation was a movement which began in the 16th century as a series of attempts to reform the Roman Catholic Church, but ended in division and the establishment of new institutions, most importantly Lutheranism, Reformed churches, and Anabaptists. ... The Roman Catholic Church bases Papal Authority on two sources: Matthew 16:18 of the Christian Bible and Adversus Haereses by Irenaeus. ... The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England. ... The Court of Session is the supreme civil court in Scotland. ...


United Kingdom

The 1707 Treaty of Union, confirmed in the Act of Union, preserved the Scottish Legal System, with provisions that the Court of Session or College of Justice (and the Court of Justiciary) ... remain in all time coming within Scotland, and that Scots Law remain in the same force as before. The Parliament of Great Britain was now unrestricted in altering laws concerning public right, policy and civil government, but concerning private right, only alterations for the evident utility of the subjects within Scotland were permitted. The Scottish Enlightenment then reinvigorated Scots law as a university-taught discipline. The transfer of legislative power to the Westminster parliament and the introduction of appeal to the House of Lords brought further English influence and it is sometimes stated that this marked the introduction of common law into the system, but Scots common law incorporates different principles and makes use of legal writings which predate the Union. Walter Thomas Monningtons 1925 painting called Parliamentary Union of England and Scotland 1707 hangs in the Palace of Westminster depicting the official presentation of the law that formed the United Kingdom of Great Britain. ... The Acts of Union were twin Acts of Parliament passed in 1707 (taking effect on 26 March) by the Parliament of England and the Parliament of Scotland. ... Scots law (or Scottish law) is the law of Scotland. ... The Court of Session is the supreme civil court in Scotland. ... The College of Justice is a term used to describe the supreme courts of Scotland and its associated bodies. ... The High Court of Justiciary is Scotlands supreme criminal court. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... The Scottish Enlightenment was a period of intellectual ferment in Scotland, running from approximately 1740 to 1800. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... This article is about the British House of Lords. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Appeal decisions by English lords raised concerns about this appeal to a foreign system, and in the late 19th century Acts allowed for the appointment of Scottish Lords of Appeal in Ordinary. At the same time, a series of cases made it clear that no appeal lay from the High Court of Justiciary to the House of Lords. Nowadays the House of Lords legislative committee usually has a minimum of two Scottish Judges to ensure that some Scottish experience is brought to bear on Scottish appeals. The Peerage of England comprises all peerages created in the Kingdom of England before the Act of Union in 1707. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... Lords of Appeal in Ordinary are Life peers entrusted since the Appellate Jurisdiction Act 1876 with carrying out the judicial functions of the House of Lords. ...


The Scottish Highlands had been affected by Scots law but remained largely independent, with remnants of Celtic law still in force. Their involvement in Jacobitism led to a series of Acts attempting to crush the Scottish clan structure and bring them firmly within Scots law. The Heritable Jurisdictions Act of 1747 removed the virtually sovereign power the chiefs had over their clan, but probably affected other hereditary offices more, with the result that sheriffs-depute, who had actually done the work for the hereditary office holders, became crown appointees and took over the role. The Scottish Highlands are the mountainous regions of Scotland north and west of the Highland Boundary Fault. ... Charles Edward Stuart, Bonnie Prince Charlie, wearing the Jacobite blue bonnet Jacobitism was (and, to a very limited extent, is) the political movement dedicated to the restoration of the Stuart kings to the thrones of England and Scotland (including after 1707,when the de facto government deemed those thrones to... Clan map of Scotland Scottish clans give a sense of identity and shared descent to people in Scotland and to their relations throughout the world, with a formal structure of Clan Chiefs officially registered with the court of the Lord Lyon, King of Arms which controls the heraldry and Coat... // Events January 31 - The first venereal diseases clinic opens at London Dock Hospital April 9 - The Scottish Jacobite Lord Lovat was beheaded by axe on Tower Hill, London, for high treason; he was the last man to be executed in this way in Britain May 14 - First battle of Cape...


Scots law has continued to change and develop, with the most significant change coming with the establishment of the Scottish Parliament as described below. For the national legislative body up to 1707, see Parliament of Scotland. ...


Sources of law

Common law

Many Scots laws are simply part of the law of the land, for example murder and theft are not defined in statute as offences, but come under common law. This has sources in custom, in legal writings and in previous court decisions. Unlike in English law, the use of such precedents is subject to the courts seeking to discover the principle which justifies a law rather than to search for an example as a precedent. Thief redirects to here. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... In law, an offense is a violation of the penal law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A convention is a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom. ... Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts. ...


The principles of natural justice and fairness have always formed a source of Scots Law and are applied by the courts without distinction from the law. Thus Scots Law does not have the complex construct of "Equity" applicable in England. The doctrine of natural justice is founded in the notion that logical reasoning may allow the determination of just, or fair, processes in legal proceedings. ... Justice is a concept involving the fair and moral treatment of all persons, especially in law. ... The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the British Isles Languages None official English de facto Capital None official London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001...


Certain texts, which come mostly from the 17th century, 18th century and 19th century can be used as authority in the courts in the absence of statute or case law. Their authors include Craig, Jus Feudale (1655) for feudal law, Stair, The Institutions of the Law of Scotland (1681) for civil law and David Hume (nephew of the namesake philosopher David Hume) for criminal law. The most recent such authority is Gordon's Criminal Law of Scotland, 3rd edition, from the 1980s. (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... (17th century - 18th century - 19th century - more centuries) As a means of recording the passage of time, the 18th century refers to the century that lasted from 1701 through 1800. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... // Meaning Derived from the Irish Language carraig and/or the Scottish Gaelic language creag, both meaning rock. Places Craig, Colorado Craig, Alaska Craig, Nebraska Craig, Missouri Craig, Iowa Craig County, Oklahoma Hundreds, or possibly thousands of places with crags in Scotland. ... Events March 25 - Saturns largest moon, Titan, is discovered by Christian Huygens. ... Feudal law describes a political system which placed men and estates under the hierarchical distinctions of lords and vassals. Feudalism refers to the relations and interdependence between lord and vassal, based on the fief, or ownership of land. ... James Dalrymple, 1st Viscount Stair (May, 1619 - November 29, 1695), Scottish lawyer and statesman, was born at Drummurchie in Ayrshire. ... Events March 4 - Charles II of England grants a land charter to William Penn for the area that will later become Pennsylvania. ... Civil law has at least three meanings. ... David Hume (April 26, 1711 – August 25, 1776)[1] was a Scottish philosopher, economist, and historian who was one of the most important figures of the Scottish Enlightenment. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... // Gordon may refer to any of the following: People Gordon is a traditional Scottish clan name (see Clan Gordon) and it is now a common given name and a less common surname. ...


Statute law

Laws can be set by both the Scottish and Westminster Parliaments, and also the European Union. Acts of the Parliaments can also provide for more detailed laws made by secondary legislation known as Statutory Instruments which are then passed through Parliament more quickly and simply than Acts. An Act of Parliament or Act is law enacted by the parliament (see legislation). ... Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts. ... As well as Acts of Parliament, United Kingdom law is also made through Statutory Instruments (SIs) (also referred to as delegated, or secondary legislation). ...


The Scottish Parliament

Some statutes of the pre-1707 Estates of Parliament are still in force, and are written in the Scots language. In 1999 the devolved Scottish Parliament with legislative competence over any matter not reserved to the United Kingdom Parliament at Westminster was established. Winnie Ewing (a Scottish National Party MSP) presided over the opening, and famously declared 'The Scottish Parliament, adjourned on the 25th day of March in the year 1707, is hereby reconvened'. The parliament of Scotland, officially the Estates of Parliament, was the legislature of the independent Kingdom of Scotland. ... Scots or Lallans (Eng: Lowlands), sometimes called Lowland Scots to distinguish it from the Gaelic language of the Highlands, is a West Germanic language used in Scotland, parts of Northern Ireland, and border areas of the Republic of Ireland, where it is known in official circles as Ulster Scots or... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Devolution or home rule is the granting of powers from central government to government at regional or local level. ... For the national legislative body up to 1707, see Parliament of Scotland. ... In the United Kingdom reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as stated by the Scotland Act 1998, Northern Ireland Act 1998 or Government of Wales Act 1998. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Westminster is a district within the City of Westminster in London. ... Winnie Ewing (born July 10, 1929) is a prominent Scottish nationalist and was formerly a Member of Parliament (MP), Member of the European Parliament (MEP) and Member of the Scottish Parliament (MSP). ... In Scotland, the Scottish National Party (SNP) is a centre-left political party which campaigns for Scottish independence. ... MSP is a three-letter abbreviation with several meanings: In computing, MSP is a mainframe operating system from Fujitsu Magic Solution Partner Malabar Special Police Maintenance Support Package Managed Service Provider Manic Street Preachers, a Welsh rock band Mass Storage Pedestal Master Sales Plan Medical Services Plan Medicare Secondary Payer... To suspend until a later stated time. ... Convener or Convenor is a Scots, and Scottish English, gender-neutral word that approximates chairman. ...


The Westminster Parliament remains the "sovereign legislature" as defined by Constitutional lawyers, retaining legislative power in relation to Scotland, but the new Scottish Parliament at Holyrood makes full use of the powers given by the devolution settlement to set laws affecting the domestic affairs of Scotland. Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... The name Holyrood may refer to: the official seat of the Scottish Parliament, or the Scottish Parliament Building Holyrood Palace in Edinburgh Holyrood Park near Edinburgh, facing the palace one of the areas of Edinburgh Holyrood is an anglicisation of the Scots haly ruid (holy cross). ...


The powers of the Scottish Parliament are set out in the Scotland Act 1998. The Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ...


The United Kingdom Parliament

The Westminster Parliament serving the whole of the United Kingdom has set Statute law for Scotland since 1707, and continues to deal with reserved matters. Acts of the United Kingdom Parliament can apply to the whole of the UK including Scotland, to Scotland alone or not to Scotland at all. The Scotland Act 1998 does not affect the power of the Westminster Parliament to legislate as regards Scotland, but during its passage the Sewel Convention was established, which effectively requires the consent of the Scottish Parliament to Westminster legislation on devolved matters. In Scotland reserved matters, also referred to as reserved powers, are those subjects over which power to legislate is retained by Westminster, as explicitly stated in the Scotland Act 1998. ... A Sewel motion is a parliamentary motion passed by the Scottish Parliament, in which it agrees that the Parliament of the United Kingdom may pass legislation on a devolved issue extending to Scotland, over which the Scottish Parliament has regular legislative authority. ...


European law

European Union Regulations and many parts of the Treaty of Rome are directly applicable as law. EU directives passed by the Council of Ministers require member states to legislate to implement them. The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome refers to the treaty which established the European Economic Community (EEC) and was signed by France, West Germany, Italy, Belgium, the Netherlands and Luxembourg on March 25, 1957. ... A European Union Directive is the (mutally binding) collective decision made by the member states, acting through their national Government Ministers in the Council of the European Union and the Parliament. ... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ...


Scottish courts are required to interpret legislation in a way compatible with the European Convention on Human Rights. If the Scottish Parliament legislates contrary to the Convention the law can be struck down by the courts. Courts may make a declaration that an Act of the Westminster Parliament is incompatible with the Convention. The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights, was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. ...


Branches of Scots law

The principal division in Scots Law is that between public law involving the state in some manifestation, and private law where only private persons are involved. Public law covers constitutional law, administrative law and criminal law and procedure. Private law covers those defined under The Law of Persons, including children, adults, partnerships (where the partnership is a separate "legal person" from the individuals in it, which is not the case in English law) and limited companies. This article or section does not cite its references or sources. ... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... Administrative law is the body of law that arises from the activities of administrative agencies of government. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... In the common law, a partnership is a type of business entity in which partners share with each other the profits or losses of the business undertaking in which they have all invested. ... A legal entity or artificial person is a legal construct with legal rights or duties such as the legal capacity to enter into contracts and sue or be sued. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... A limited company in the United Kingdom is a company whose liability is limited by English law or Scots law. ...


Private law

See also Law of obligations. The Law of Obligations is one of the component elements of the civil law system of law and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations. ...


Contract

Contracts can be formulated by unilateral promise or bilateral agreement. The English requirement for consideration does not apply in Scotland, so it is possible to have a gratuitous contract where all the obligations are on one side. A contract is a promise or an agreement that is enforced or recognized by the law. ... Unilateralism is an antonym for multilateralism. ... Bilateralism is a term referring to trade or political relations between two states. ...


Note however that not all declarations made by a person to another person will amount to a promise that is enforceable under Scots law. In particular, a declaration of intention, a testamentary provision and an offer will not be a promise. The word Testament can mean more than one thing: Old Testament; contains and describes the written terms and conditions of the oral Old Covenant, between the patriarch Abram from Ur in Mesopotamia, renamed Abraham, and his descendants; and YHWH, the God of the Hebrew tribe; part of which was mediated...


At common law, a promise had to be proved by writ or oath. However, after the introduction of the Requirements of Writing (Scotland) Act 1995, a promise need only be evidenced in writing for: In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ... An oath (from Old Saxon eoth) is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually a god, as a witness to the binding nature of the promise or the truth of the statement of fact. ...


• the creation, transfer, variation or extinction of an interest in land (s 1(2)(a)(i) of Requirements of Writing (Scotland) Act 1995); and


• a gratuitous unilateral obligation except an obligation undertaken in the course of business (s 1(2)(a)(ii) of Requirements of Writing (Scotland) Act 1995.) [Note that this section has caused great debate amongst academics as to the meanings of "unilateral" and "gratuitous". Some believe that the inclusion of the two terms in this section points to a desire of the drafters that they be given different meanings. This would allow some promises to be unilateral but not gratuitous. This argument was particularly discussed by both Martin Hogg (Edinburgh University) and Joe Thomson (Glasgow University) in articles for the Scots Law Times (News) in 1998 and 1997 respectively. See also "Contract Law in Scotland", by MacQueen and Thomson.]


Delict

Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the duty of care, whether deliberate or accidental. While it broadly covers the same ground as the English law of Tort, the Scots law is different in many respects and concentrates more on general principle and less on specific wrongs. While some terms such as assault, defamation are used in both systems, their technical meanings differ. Delict is a French word and a legal term in civil law which signifies a wilfull wrong, similar to the common law concept of tort though differing in many substantive ways. ... Civil law has at least three meanings. ... In the most general sense, a liability is anything that is a hindrance, or puts one at a disadvantage. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In the common law, a tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ...


"Delict" as a word derives from the Latin "delicta" and as a branch of Scots Law revolves around the fundamental concept "Damnum Injuria Datum" - literally loss wrongfully caused. Where A has suffered wrongful loss at the hands of B (generally where B was negligent) B is under a legal obligation to make reparation. There are many many various delicts which can be committed, ranging from assault to procurement of breach of contract. It has been suggested that History of the Latin language be merged into this article or section. ... The lex Aquilia was a Roman law which provided compensation to the owners of property injured by someones fault. ... Manufacturers are reponsible for adequately warning consumers of possibly dangerous products. ... Reparations refers to two distinct ideas: Reparations for slavery of groups or individuals War reparations: Payments from one country to another as compensation for starting a war under a peace treaty, such as those made by Germany to France under the Treaty of Versailles. ...


The landmark decision on establishing negligence, for Scotland and for the rest of the United Kingdom, is the Scottish case of Donoghue v. Stevenson (1932) which ended up being decided in the context of both English law and Scots law. In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Donoghue (or McAlister) v. ... 1932 (MCMXXXII) was a leap year starting on Friday (the link will take you to a full 1932 calendar). ...


Mrs Donoghue had been enjoying an ice cream with ginger beer her friend had bought her in Mr Minchella's café in Paisley, when she emptied the opaque ginger beer bottle out and the decomposing remains of a snail emerged. Her distress and subsequent illness was such that she was determined to bring an action for damages — but the poor woman had no contract with the café proprietor as her friend had paid, so she sued the manufacturer for his negligence. The case of the snail in the pop bottle was taken to the House of Lords who found that the manufacturer does indeed have a duty of care, subject to restrictions. This decision had influence in many countries and established the "neighbourhood principle" in Scots Law. Missing image Ice cream is often served on a stick Boxes of ice cream are often found in stores in a display freezer. ... Ginger beer is a type of carbonated beverage, flavored primarily with ginger, lemon and sugar. ... Coffeehouse in Damascus A coffeehouse, coffee shop, or café shares some of the characteristics of a bar, and some of the characteristics of a restaurant. ... Paisley (Pàislig in Scottish Gaelic) is a large town, and former royal burgh in the Central Lowlands of Scotland. ... A substance or object that is opaque is neither transparent nor translucent. ... The name snail applies to most members of the molluscan class Gastropoda that have coiled shells. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. ... A contract is a promise or an agreement that is enforced or recognized by the law. ... A proprietary colony is a colony in which the king gave land to one or more people called proprietors. ... In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... A soft drink is a drink that contains no alcohol. ...


Property law

Scots Law of Property distinguishes between Heritable Property, such as land and buildings, and Moveables which includes physically moveable objects where title normally passed only on delivery, as well as moveable rights which includes intellectual property such as patents, trade marks and copyrights. It is worth noting that agreement on an offer for property purchase is legally binding, resulting in a system of conveyancing where buyers get their survey done before making a bid to the seller's solicitor, and after a closing date for bids the seller's acceptance is binding on both parties, preventing gazumping. // Use of the term The concept of property or ownership has no single or universally accepted definition. ... In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and... The Bass Red Triangle, was the first trademark registered in Britain in 1876. ... The copyright symbol is used to give notice that a work is covered by copyright. ... Conveyancing is the act of transferring the ownership of a property from one person to another. ... There are several uses of the word survey: // Kinds of surveys Statistical surveys are used in marketing and polling research. ... Bid (Medical) (a medical abbreviation commonly seen on prescriptions) Bid price (a financial term) Efforts to get any thing or to get the right to celebrate an event. ... The verb gazump means to ditch a sale agreement at the last minute in order to accept an higher offer. ...


Feudal law

The feudal system lingered on in Scots law on land ownership, so that a landowner as a vassal still had obligations to a feudal superior including payment of feu duty. This enabled developers to impose perpetual conditions dictating how buildings had to be constructed and maintained, but added complications and became abused to demand payments from vassals who wanted to make minor changes. In 1974 legislation began a process of redeeming feu duties so that most of these payments were ended, but it was only with the attention of the Scottish Parliament that a series of acts were passed to end the disadvantages while keeping the benefits of the system, the first in 2000, for The Abolition of Feudal Tenure on November 28, 2004. Feudalism comes from the Late Latin word feudum, itself borrowed from a Germanic root *fehu, a commonly used term in the Middle Ages which means fief, or land held under certain obligations by feodati. ... A landlord is the owner of a house, apartment, condominium, or land which is rented or leased to an individual or business, who is called the tenant. ... A vassal or liege, in the terminology that both preceded and accompanied the feudalism of medieval Europe, is one who enters into mutual obligations with a lord, usually of military support and mutual protection, in exchange for certain guarantees, which came to include the terrain held as a fief. ... Examples of feudalism are helpful to fully understand feudalism and feudal society. ... A ground rent is a form of lease in which unimproved land is leased for a long term for purposes of improvement by the tenant. ... Perpetuum Mobile of Villard de Honnecourt (about 1230) Perpetual motion refers to a condition in which work is done without an energy source. ... 1974 (MCMLXXIV) was a common year starting on Tuesday (the link is to a full 1974 calendar). ... For the national legislative body up to 1707, see Parliament of Scotland. ... This article is about the year 2000. ... November 28 is the 332nd day (333rd on leap years) of the year in the Gregorian Calendar. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


Udal law

It is worth noting that Feudal law has never existed in the Islands of Orkney and Shetland, which rather use a system called Udal Law, owing to their historic ties to Norway. The Orkney Islands form one of 32 unitary council regions in Scotland, and are a Lieutenancy Area. ... See Shetland (disambiguation) for other meanings. ... Udal law is a near-defunct Norse derived legal system, which was formerly found in the Shetland islands and Orkney. ...


Intellectual Property Law

Intellectual Property (IP) in Scotland is governed mostly by statute, however it was a Scottish case Wills v Zetnews (1997 FSR 604) that first applied the existing copyright law to the internet by categorising the net as a cable programme. This definition has now been superseded by European directives but the principle still stands. In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... The copyright symbol is used to give notice that a work is covered by copyright. ... Coaxial cable is often used to transmit cable television into the house. ... The legislative acts of the European Union (EU) can have different forms: regulations, directives, decisions, recommendations and opinions. ...


Public law

Criminal law

Scots criminal law relies more heavily on the common law than England. Scots criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences such as mobbing and breach of the peace. Many areas of criminal law, such as misuse of drugs and traffic offences, are identical on both sides of the Border. Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article is about homicide, the killing of a human being. ... Thief redirects to here. ... Mobbing is a modern term for systematic bullying, harassment, or psychological terror, especially in schools and workplaces, whereby one person is ganged up on and stigmatized by peers and/or superiors for reasons that are not genuinely or justifiably known to most of those who are mobbing the victim. ... Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain. ... Drug abuse has a wide range of definitions, all of them relating to the use, misuse or overuse of a psychoactive drug or performance enhancing drug for a non-therapeutic or non-medical effect. ... Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving culpability has been lowered so a mens rea (Latin for guilty mind) element is not required. ... The Border is a 1982 film directed by Tony Richardson and starring Jack Nicholson and Harvey Keitel . ...


Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service provides independent public prosecution of criminal offences in Scotland (as the more recent Crown Prosecution Service does in England and Wales) and has extensive responsibilities in the investigation and prosecution of crime. The Crown Office is headed by the Lord Advocate, in whose name all prosecutions are carried out, and employs Advocates Depute (for the High Court of Justiciary) and Procurators Fiscal (for the Sheriff Courts) as public prosecutors. The Crown Office and Procurator Fiscal Service is a government department in Scotland that is responsible for the public prosecution of alleged criminals. ... The examples and perspective in this article or section may not represent a worldwide view. ... The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. ... Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the British Isles Languages None official English de facto Capital None official London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001... For an explanation of often confusing terms such as Great Britain, Britain, United Kingdom, England and Wales and England, see British Isles (terminology). ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scots Gaelic), was the chief legal adviser of the United Kingdom Government and the Crown in Scotland for both civil and criminal matters until the passing of the Scotland Act 1998. ... The Crown Office and Procurator Fiscal Service provides an independent public prosecution service in Scotland. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... The procurator fiscal is the local public prosecutor in Scotland. ... The Sheriff Courts are the local Court system in Scotland. ... The examples and perspective in this article or section may not represent a worldwide view. ...


Private prosecutions are very rare in Scotland.


"Not proven" verdict

The Scots legal system is unique in having three possible verdicts for a criminal trial: "guilty", "not guilty" and "not proven". Both "not guilty" and "not proven" result in an acquittal with no possibility of retrial. The third verdict resulted from historical accident, in that there was a practice at one point of leaving the jury to determine factual issues one-by-one as "proven" or "not proven". It was then left to the judge to pronounce upon the facts found "proven" whether this was sufficient to establish guilt of the crime charged. Now the jury decides this question after legal advice from the judge, but the "not proven" verdict lives on. The "not proven" verdict is often taken by juries and the media as meaning "we know he did it but there isn't enough proof". The verdict, especially in high profile cases, often causes controversy. In law, a verdict indicates the judgment of a case before a court of law. ... Look up trial in Wiktionary, the free dictionary. ... Guilt is primarily an emotion experienced by people who believe they have done something wrong. ... In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ... Not proven is a verdict available to a court in Scotland. ... In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ... It has been suggested that this article or section be merged with Trial de novo. ... A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law. ...


In February 1999, United States Senator Arlen Specter voted against conviction in the impeachment trial of Bill Clinton, citing the concept of the "not proven" as a basis for his decision. Another recent example is seen in the case of Sean Flynn, 21, who stood trial at the High Court in Perth accused of murdering his mother, Louise Tiffney. Responding to the "not proven" verdict delivered on 16 March 2005, some of Flynn's relatives expressed their dissatisfaction, including Flynn's aunt, June Tiffney, who stated the verdict was "not justice" for her sister. A senate is a deliberative body, often the upper house or chamber of a legislature. ... Arlen Specter (born February 12, 1930) is a United States Senator from Pennsylvania. ... The impeachment trial of President Bill Clinton in 1998, Chief Justice William H. Rehnquist presiding. ... The Royal Burgh of Perth (Peairt in Scottish Gaelic) is a large burgh in central Scotland. ... March 16 is the 75th day of the year in the Gregorian Calendar (76th in Leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


However, the Scottish legal profession is largely opposed to this perception of the not-proven verdict. In a Scottish criminal trial, the burden of proof lies on the prosecution, and the guilt of the accused must be proven "beyond reasonable doubt." It is therefore the role of the prosecution to produce enough evidence, whether direct or circumstantial, which must be relevant, admissible and of enough weight to procure a prosecution. Where the prosecution fails in this role, the jury will feel doubt as to the guilt of the accused and cannot return a verdict of guilty. Therefore, the 15 jurors can declare a not-proven verdict, alerting the prosecution to the fact that its performance and/or evidence and/or witnesses were poor.


Notable criminal cases
  • Brennan v HMA 1977 JC 38
  • Cawthorne v HMA 1968 JC 32
  • Crawford v HMA 1950 JC 67
  • HMA v Ross 1991 JC 210
  • Jamieson v HMA 1994 SLT 537
  • Khaliq v HMA 1984 JC 23
  • Smart v HMA 1975 JC 30
  • Sutherland v HMA 1994 SLT 634

This Scottish criminal case decided by the High Court of Justiciary on appeal held that a person does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. ... Smart v HMA - Wikipedia, the free encyclopedia /**/ @import /skins-1. ...

See also

List of leading Scottish legal cases is a list of leading Scottish legal cases. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... For an explanation of often confusing terms such as Great Britain, Britain, United Kingdom, England and Wales and England, see British Isles (terminology). ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... Shortcut: UK topics This is a list of topics related to the United Kingdom. ... Udal law is a near-defunct Norse derived legal system, which was formerly found in the Shetland islands and Orkney. ... Feudal law describes a political system which placed men and estates under the hierarchical distinctions of lords and vassals. Feudalism refers to the relations and interdependence between lord and vassal, based on the fief, or ownership of land. ...

External links

  • Scottish Court Service Website Details of Scottish courts and caselaw.
  • Law Society of Scotland The Law Society organizes solicitors, who are 95% of all Scottish lawyers. Its site has a very good section headed 'What is Scots law'.
  • Faculty of Advocates The Faculty of Advocates organizes advocates, who are the elite 5% of Scottish lawyers including QCs.
  • The Murray Stable Collection of articles on different areas of Scots law, re-usable under Creative Commons licence.
  • Scottish Law Commission The Scottish Law Commission is in charge of proposals for law reform in Scotland. This site has many discussions of the law as it stands and proposals for reform.
  • Jonathan Mitchell QC Material on how to use advocates, jurisdiction of Scottish courts, freedom of information, and much else. Weekly update of most recent cases decided in Court of Session.
  • Govan Law Centre Material on welfare law in Scotland.
  • Scottish Legal Aid Board Material on how to get legal aid in Scotland.
  • Scots Law News Well-kept Scottish law blog with news of current developments.
  • CjScotland CjScotland includes a daily blog of links to media and other sources of information on Scottish criminal justice, original articles, parliamentary updates and so on.
  • Scottish Criminal Cases Review Commission All cases accepted by the SCCRC are subjected to a robust and thoroughly impartial review before a decision on whether or not to refer to the High Court is taken.
  • Crown Office and Procurator Fiscal Service The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the prosecution of crime in Scotland, the investigation of sudden or suspicious deaths and complaints against the police.
  • Scottish Law Online Independant site providing information about Scots Law, has a bulletin board and discussion forum.
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