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Encyclopedia > Scots law
Scotland

This article is part of the series:
Politics and government of
Scotland
This article is about the country. ... The Politics of Scotland forms a distinctive part of the wider politics of the United Kingdom, with Scotland one of the constituent countries of the United Kingdom. ...


Scottish Government The logo of the Governemnt, incorporating the Saltire. ...

Scottish Parliament The First Minister of Scotland (Scottish Gaelic: ; Scots: ) is, in practice, the political leader of Scotland, as head of Scotlands national devolved government, the Scottish Executive, which was established in 1999 along with the Scottish Parliament. ... Alexander Elliot Anderson Salmond, known as Alex Salmond (born December 31, 1954, Linlithgow), is a Scottish politician, and the current First Minister of Scotland, heading a minority government. ... The Deputy First Minister of Scotland is, as the name suggests, the Deputy to the First Minister of Scotland. ... Nicola Sturgeon (born on 19 July 1970 in Irvine, North Ayrshire) is the Deputy Leader of the Scottish National Party (SNP). ... The 3rd Scottish Parliament convened after the 2007 election. ... 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 Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ... Lord Advocate the Rt Hon. ... Executive agencies are established by Ministers as part of Scottish Government departments, or as departments in their own right, to carry out a discrete area of work. ... Scottish public bodies are a group of organisations that are funded by the Scottish Executive. ... For the national legislative body up to 1707, see Parliament of Scotland. ...


Scotland in the United Kingdom This is a list of Acts of the Scottish Parliament. ... The Presiding Officer (Oifigear-Riaghlaidh in Scots Gaelic) is the Speaker, the person elected by the Members of the Scottish Parliament to chair their meetings. ... Alex Fergusson (born 8 April 1949, Leswart, The Stewartry) is a Scottish Conservative and Unionist politician, and Member of the Scottish Parliament for Galloway and Upper Nithsdale since 2003. ... The new Scottish Parliament Building at Holyrood designed by the Catalan architect Enric Miralles and opened in October 2004. ... Member of the Scottish Parliament (MSP) (Ball Pàrlamaid na h-Alba (BPA) in Gaelic) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament. ... This is a list of Members of the Scottish Parliament (MSPs) or, in Gaelic, Buill Pàrlamaid na h-Alba (BPnA) elected to the first Scottish Parliament at the 1999 election. ... This is a list of Members of the Scottish Parliament (MSPs) or, in Gaelic, Buill Pàrlamaid na h-Alba (BPnA) elected to the second Scottish Parliament at the 2003 election. ... This is a list of Members of the Scottish Parliament (MSPs) or, in Gaelic, Buill Pàrlamaid na h-Alba (BPnA) elected to the third Scottish Parliament at the 2007 election. ... 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. ... Scotland has elections to several bodies: the Scottish Parliament, the United Kingdom Parliament, the European Parliament, local councils and community councils. ... The Scottish Parliament election, 1999 was the first general election of the Scottish Parliament, with voting taking place on May 6th, 1999. ... The polling date for the second Scottish Parliament election was held on May 1, 2003. ... The composition of the Scottish Parliament following the 2007 election. ... The 2011 Scottish Parliament election will be the fourth general election to the devolved Scottish Parliament since it was created in 1999. ... A Legislative Consent Motion (formerly known as 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. ...

Her Majesty's Government A logo of Her Majestys Government. ...

Parliament of the United Kingdom 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). ... The Rt. ... The Scotland Office (Oifis na h-Alba in Scottish Gaelic) is a department of the United Kingdom government, responsible for reserved Scottish affairs. ... 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. ... Her Majestys Advocate General for Scotland (Àrd-neach-tagraidh na Bànrighe airson Alba in Gaelic) is one of the Law Officers of the Crown, whose duty is to advise the Crown and UK Government on Scots law. ... Neil Forbes Davidson, Baron Davidson of Glen Clova QC BA, MSc, LLB, LLM (born 13 September 1950) is a Scottish lawyer. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist...


Legal system As a result of the Fifth Periodical Review of the Boundary Commission for Scotland, Scotland is covered by 59 constituencies of the House of Commons of the United Kingdom Parliament - 19 Burgh constituencies and 40 County constituencies. ... The Scottish Grand Committee is a committee of the House of Commons. ... Scotland has elections to several bodies: the Scottish Parliament, the United Kingdom Parliament, the European Parliament, local councils and community councils. ... The UK general election, 1997 was held on 1 May 1997. ... Tony Blair William Hague Charles Kennedy The UK general election, 2001 was held on 7 June 2001 and was dubbed the quiet landslide by the media. ... The United Kingdom general election of 2005 was held on Thursday, 5 May 2005. ... Under the provisions of the Parliament Acts of 1911 and 1949, the next United Kingdom general election must be held on or before 3 June 2010, barring exceptional circumstances. ... This is a list of Members of Parliament (MPs) elected to the House of Commons by Scottish constituencies for the Fifty-Fourth Parliament of the United Kingdom (2005 to present). ...

  • Scots law
  • Supreme courts

European Parliament The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies. ... Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild...


Local government Scotland constitutes a single constituency of the European Parliament. ... Scotland has elections to several bodies: the Scottish Parliament, the United Kingdom Parliament, the European Parliament, local councils and community councils. ... The European Parliament election, 2004 was the UK part of the European Parliament election, 2004. ... Elections to the European Parliament will be held in June 2006 in the then–27 member states of the European Union, using varying election days according to local custom. ... The local government of Scotland is organised into 32 unitary authorities covering the mainland and islands of Scotland. ...




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Scots law is a unique legal system with an ancient basis in Roman law.[1] Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources. Thus Scotland has a pluralistic, or 'mixed', legal system, of which South African law is comparable, and, to a lesser degree, the partly codified pluralistic systems of Louisiana and Quebec. For local government purposes, Scotland is divided into 32 areas designated as Council Areas of Scotland which are all governed by unitary authorities designated as Councils which have the option under the Local Government (Gaelic Names) (Scotland) Act 1997 (as chosen by Na h-Eileanan an Iar) of being known... The Convention of Scottish Local Authorities (COSLA) is the representative association of Scottish local government and is the employers’ association on behalf of all Scottish councils. ... // Parties represented in the Scottish Parliament (in order of number of representatives): Scottish National Party (SNP) - centre-left, social democratic, pro-independence- 47 MSPs Labour - centre-left, unionist - 46 MSPs Conservative - centre-right, conservative, unionist - 17 MSPs Liberal Democrat - centre-left, federalist - 16 MSPs Scottish Green Party - left-wing, environmentalist... Scottish independence is a political ambition of a number of political parties, pressure groups and individuals within and outside of Scotland. ... This article or section does not adequately cite its references or sources. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... 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. ... For other uses of civil law, see civil law. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ... 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). ... Scottish legal institutions in the High Middle Ages are, for the purposes of this article, the informal and formal systems which governed and helped to manage Scottish society between the years 900 and 1288, a period roughly corresponding with the general European era usually called the High Middle Ages. ... This article is about the country. ... Legal pluralism allows for moral laws that are unwritten as formal laws. ... South Africa has a number of sources of legislation and law. ... A legal code is a moral code enforced by the law of a state. ... Wikipedia does not yet have an article with this exact name. ... Quebec law is unique in Canada because Quebec is the only province in Canada to have a civil law system. ...


Since the Acts of Union, in 1707, it has shared a legislature with the rest of the United Kingdom. Scotland retained a fundamentally different legal system from that of England and Wales, but the Union brought English influence on Scots law. In recent years, Scots law has also been affected by European law under the Treaty of Rome, the requirements of the European Convention on Human Rights (entered into by members of the Council of Europe) and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998. 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. ... 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). ... For other uses, see England (disambiguation). ... 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, signed by France, West Germany, Italy and Benelux (Belgium, the Netherlands and Luxembourg) on March 25, 1957, established the European Economic Community (EEC). ... “ECHR” redirects here. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 5 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  President of the Parliamentary Assembly Rene van der Linden... 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 Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ...


Although there are many substantial differences between Scots law, English law and Northern Ireland law, much of the law is also similar, for example, Commercial law is similar throughout all jurisdictions in the United Kingdom, as is Employment Law. Different terminology is often used for the same concepts, for example, arbiters are called arbitrators in England. Another example would be the third verdict available to judges and juries (which consist of 15 members) in criminal cases: 'not proven'. The age of legal capacity under Scots law is 16, whereas under English law it is 18.[2][3] English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Northern Ireland law concerns the legal system in Northern Ireland. ... For other uses, see Law (disambiguation). ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... This article does not cite any references or sources. ... Employment law is the branch of the law that deals with employment related issues. ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... This article does not cite any references or sources. ... 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. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... Not proven is a verdict available to a court in Scotland. ... This article does not cite any references or sources. ...

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. The Scottish Parliament does retain limited tax raising powers. A Legislature is a type of representative deliberative assembly with the power to create, amend and ratify laws. ... For the national legislative body up to 1707, see Parliament of Scotland. ... Look up Devolution in Wiktionary, the free dictionary. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist... 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) is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces. ... The United Kingdom (UK) is a major player in international politics, with interests throughout the world. ... The economy of the United Kingdom is the fifth largest in the world in terms of market exchange rates and the sixth largest by purchasing power parity (PPP). ... For the general concept, see Prohibitionism. ... The United Kingdom has a diverse range of different types of media. ...


Minister for Justice

The Scottish Government has executive responsibility for the Scottish legal system, which is headed by the Cabinet Secretary 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 logo of the Governemnt, incorporating the Saltire. ... The Cabinet Secretary for Justice in Scotland is a cabinet position in the devolved Scottish Executive. ... A Police Constable of West Yorkshire Police on patrol The United Kingdom (UK) does not have one single police service serving the general public; with the exception of various special police forces and of Northern Ireland (which has one unified force, the Police Service of Northern Ireland (PSNI)), police forces... For the band, see The Police. ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... 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. For the musician, see Sikiru Ayinde Barrister. ... 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]) or State Counsel 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... For information about The Times satire Queens Counsel, see Queens Counsel (comic strip). ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ...


Furthermore, it used to be the case that Advocates were completely immune from suit 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. This has been followed in Scotland in Wright v Paton Farrell obiter insofar as civil cases are concerned. 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. ...


A solicitor also has the opportunity to become a notary public. These, like their continental equivalent, are members of a separate profession. A US Embossed Notary Seal. ... 16th century painting of a civil law notary, by Flemish painter Quentin Massys Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France...


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

Scots law

Flag of Scotland
This article is part of the series:
Courts of Scotland Image File history File links Scottish_royal_coat_of_arms. ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ...

Administration

Scottish Government
Cabinet Secretary for Justice
Judicial Appointments Board
Scottish Court Service
College of Justice
Office of the Public Guardian
Scottish Criminal Cases Review Commission
Scottish Prison Service

Civil courts The Justice and Communities Directorate is a Directorate within the Scottish Government[1]. The Cabinet Secretary for Justice is Kenny MacAskill, and has responsibility for criminal justice, police, fire and rescue, courts and civil law in Scotland. ... The Cabinet Secretary for Justice in Scotland is a cabinet position in the devolved Scottish Executive. ... Please wikify (format) this article or section as suggested in the Guide to layout and the Manual of Style. ... The Scottish Court Service is a Government department charged directly with the running of Scotlands Court system. ... The College of Justice is a term used to describe the supreme courts of Scotland and its associated bodies. ... The Office of the Public Guardian (OPG) is a public body in Scotland established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000; it is part of the Scottish Courts Service. ... The Scottish Criminal Cases Review Commission (SCCRC) is a non-departmental public body in Scotland and was established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997). ... The Scottish Prison Service (SPS) is the executive agency reporting to the Scottish Executive tasked with managing prisons within Scotland. ...

Privy Council
House of Lords
Court of Session
Lord President
Lord Justice Clerk
Lords of Session
Office of the Accountant of Court
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 President of the Court of Session is head of the judiciary in Scotland and presiding judge of the College of Justice and Court of Session. ... The Lord Justice Clerk is the second most senior Judge in Scotland. ... The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court of Session and of the High Court of Justiciary in Scotland. ... The Sheriff Courts are the local Court system in Scotland. ... Look up Sheriff in Wiktionary, the free dictionary. ...

High Court of Justiciary
Lord Justice-General
Lord Justice Clerk
Lords Commissioner of Justiciary
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 President of the Court of Session is head of the judiciary in Scotland and presiding judge of the College of Justice and Court of Session. ... The Lord Justice Clerk is the second most senior Judge in Scotland. ... The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court of Session and of the High Court of Justiciary 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. ... Look up Sheriff in Wiktionary, the free dictionary. ... A District Court is the lowest level of court in Scotland. ... A justice of the peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. ...

Court of the Lord Lyon
Lord Lyon King of Arms
Scottish Children's Reporter Administration
Children's Hearings
Scottish Land Court
Lands Tribunal for Scotland

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... The Scottish Childrens Reporter Administration (SCRA) is a Scottish Government executive non-departmental public body with responsibility for protecting children at risk. ... Children’s Hearings are part of the legal and welfare systems in Scotland; they combine justice and welfare for children and young people. ... The Scottish Land Court is based in Edinburgh and deals with disputes relating to agricultural tenancies between landlords and tenants. ...

Lord Advocate
Crown Office
Advocate Depute
Procurator Fiscal

Advocates and solicitors Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ... 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

The Faculty of Advocates is the collective term by which what in England are called barristers are known in Scotland. ... An advocate is one who speaks on behalf of another, especially in a legal context. ... The Law Society of Scotland is the professional governing body for Scottish solicitors, based in Edinburgh. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... A District Court is the lowest level of court in Scotland. ... 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 Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... 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. ... The Judicial Committee of the Privy Council is one of the highest courts in 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. ... The Office of the Public Guardian (OPG) is a public body in Scotland established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000; it is part of the Scottish Courts Service. ... 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. ... The Scottish Land Court is based in Edinburgh and deals with disputes relating to agricultural tenancies between landlords and tenants. ... Heraldry in its most general sense encompasses all matters relating to the duties and responsibilities of officers of arms. ... Genealogy (from Greek: γενεα, genea, family; and λόγος, logos, knowledge) 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 Tribunals are inferior courts in Great Britain which have statutory jurisdiction to hear many kinds of disputes between employers and employees. ...

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 very limited force in Orkney and Shetland). Celtic Law The social structure of Iron Age Celtic society was highly developed. ... For other uses, see Viking (disambiguation). ... Udal law is a near-defunct Norse derived legal system, which was formerly found in the Shetland islands and Orkney. ... Location Geography Area Ranked 16th  - Total 990 km²  - % Water  ? Admin HQ Kirkwall ISO 3166-2 GB-ORK ONS code 00RA Demographics Population Ranked 32nd  - Total (2006) 19,800  - Density 20 / km² Scottish Gaelic  - Total () {{{Scottish council Gaelic Speakers}}} Politics Orkney Islands Council http://www. ... For other uses, see Shetland (disambiguation). ...


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). Norman conquests in red. ... 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. ... The Wars of Scottish Independence were a series of military campaigns fought between the Kingdom of Scotland and the Kingdom of England in the late 13th and early 14th centuries. ... Linguistic division in early twelfth century Scotland. ... Look up Sheriff in Wiktionary, the free dictionary. ... This article does not cite any references or sources. ... A sign in Linlithgow, Scotland. ... Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands and, at times, peninsulas. ... A Dean of Guild, under Scots law, was a burgh magistrate who, in later years, had the care of buildings. ...


From the end of the 13th century the Scottish parliament of the Three Estates developed Statute Laws. 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 assimilation of the Celtic church into the Roman Catholic Church 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 (1495) 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. Celtic Christianity, or Insular Christianity (sometimes commonly called the Celtic Church) broadly refers to the Early Medieval Christian practice that developed around the Irish Sea in the fifth and sixth centuries: that is, among Celtic/British peoples such as the Irish, Scottish, Welsh, Cornish, Manx, Cumbrians (the inhabitants of the... Catholic Church redirects here. ... Canon Law is the ecclesiastical law of the Roman Catholic Church. ... An ecclesiastical court (also called Court Christian) is any of certain courts having jurisdiction mainly in spiritual or religious matters. ... For other uses of civil law, see civil law. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... It has been suggested that this article or section be merged into Byzantine Empire. ... 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 Cambridge University), located in Cambridge, England, is the second-oldest university in the English-speaking world and has a reputation as one of the most prestigious universities in the 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. ... Master of Theology (MTh) Dentistry Nursing Affiliations Russell Group Universitas 21 Website http://www. ... 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 was founded in 1495, in Aberdeen, Scotland. ... Continental Europe, also referred to as mainland Europe or simply the Continent, is the continent of Europe, explicitly excluding European islands and peninsulae. ...


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. James V (April 10, 1512 – December 14, 1542) was king of Scotland (September 9, 1513 – December 14, 1542). ... Pope Paul III with his cardinal-nephew Alessandro Cardinal Farnese (left) and his other grandson (right), Ottavio Farnese, Duke of Parma Pope Paul III (February 29, 1468 – November 10, 1549), born Alessandro Farnese, was Pope of the Roman Catholic Church from 1534 to his death 1549. ... A tithe (from Old English teogoþa tenth) is a one-tenth part of something, paid as a (usually) 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. ... 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 long predate the Union (see Legal institutions of Scotland in the High Middle Ages). 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. ... 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). ... Scottish legal institutions in the High Middle Ages are, for the purposes of this article, the informal and formal systems which governed and helped to manage Scottish society between the years 900 and 1288, a period roughly corresponding with the general European era usually called the High Middle Ages. ...


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 judicial 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. ... 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. Lowland-Highland divide Highland Sign with welcome in English and Gaelic The Scottish Highlands (A Ghàidhealtachd in Gaelic) include the rugged and 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, remains) the political movement dedicated to the restoration of the Stuart kings to the thrones of England and Scotland. ... Clan map of Scotland Scottish clans (from Old Gaelic clann, children), 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... The Heritable Jurisdictions (Scotland) Act, 1746 (20 Geo 2 c 43) abolished the traditional rights of jurisdiction afforded to a Scottish clan chief. ... This article refers to the Commonwealths concept of the monarchys legal authority. ...


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. A young waif steals a pair of boots Stealing redirects here. ... The Statute of Grand Duchy of Lithuania 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). ... This article or section does not adequately cite its references or sources. ... This article is about the legal term. ...


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. Natural justice is a legal philosophy used in some jurisdictions in 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 the concept of equity in the jurisprudence of common law countries. ... For other uses, see England (disambiguation). ...


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. These works may be treated as authoritative sources of the law and are described as "institutional" works. Other authorities may enjoy a particular reputation as being reliable statements of what the law is, if not absolutely authoritative. An example is Sir Gerald Gordon's Criminal Law of Scotland, (edited by Michael Christie), 3rd edition, 2001. Case law (also known as decisional law) is that body of reported judicial opinions in countries that have common law legal systems that are published and thereby become precedent, i. ... Sir Thomas Craig (born about 1538; died February 26, 1608) was a Scottish jurist and poet. ... Scots law is a unique legal system with an ancient basis in Roman law. ... James Dalrymple, 1st Viscount Stair (May, 1619 - November 29, 1695), Scottish lawyer and statesman, was born at Drummurchie in Ayrshire. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... For other persons named David Hume, see David Hume (disambiguation). ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... Sir Gerald Gordon CBE, QC Sir Gerald Gordon CBE, QC is the editor of Scottish Criminal Case Reports and editor of Renton and Browns Criminal Procedure. ...


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. ... This article is about the Anglic language of Scotland. ... 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). ... The Scottish National Party (SNP) (Scottish Gaelic: is a centre-left, Social democratic political party which campaigns for Scottish independence. ... Member of the Scottish Parliament (MSP) (Ball Pàrlamaid na h-Alba (BPA) in Gaelic) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament. ... To suspend until a later stated time. ...


The Westminster Parliament remains the "sovereign legislature" as defined by Constitutional lawyers, retaining all 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. Until 2007 both Parliaments were controlled by the same party (Labour), and it remains to be seen whether this convention will continue under the Scottish National Party minority government. 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. ... The Labour Party is a political party in the United Kingdom. ... The Scottish National Party (SNP) (Scottish Gaelic: is a centre-left, Social democratic political party which campaigns for Scottish independence. ...


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, signed by France, West Germany, Italy and Benelux (Belgium, the Netherlands and Luxembourg) on March 25, 1957, established the European Economic Community (EEC). ... 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). ... For other uses, see State (disambiguation). ...


Scottish courts are required to interpret legislation in a way compatible with the European Convention on Human Rights (an instrument of the Council of Europe not of the European Union). 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. ... “ECHR” redirects here. ...


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 "juristic person" from the individuals in it, which is not the case in English law) and limited companies. This article or section does not adequately cite its references or sources. ... For other uses, see State (disambiguation). ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The French Declaration of the Rights of the Man and of the Citizen, whose principles still have constitutional value Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... 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 juristic person is a legal fiction through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes. ... 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 private law elements of the civil law system of law (as well as of mixed legal systems, such as Scotland, South Africa, and Louisiana) and encompasses contractual obligations, quasi-contractual obligations such as enrichment without cause and extra-contractual obligations. ...


Contract

Contract is created by bilateral agreement and is distinguished from unilateral promise, the latter being recognised as a distinct and enforceable species of obligation in Scots Law. The English requirement for consideration does not apply in Scotland, so it is possible to have a gratuitous contract, i.e. a contract where only one of the parties comes under any duties to the other (e.g. a contract to perform services for no consideration). A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Bilateralism is a term referring to trade or political relations between two states. ... Unilateralism is an antonym for multilateralism. ...


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. In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...


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 body with administrative or judicial jurisdiction. ... This article does not cite any references or sources. ...


• 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 (3rd edition, 2007), and "Obligations" by Martin Hogg (2nd edition, 2006). The Scots Law Times is the law reports service in Scotland, publishing over 1400 pages of reports each year. ...


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. For other uses of civil law, see civil law. ... In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage. ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... This article is about legal torts. ... Slander and Libel redirect here. ...


"Delict" as a word derives from the Latin "delictum" 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. For other uses, see Latins and Latin (disambiguation). ... 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. ... In the philosophy of justice, reparation is the idea that a just sentence ought to compensate the victim of a crime appropriately. ...


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] AC 562) which, while strictly a Scottish case, quickly established itself as the leading authority in the field of negligence in English Law also. Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ... Donoghue (or McAlister) v. ...


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. Interestingly owing to quirks of the case it was never established that the drink was ginger beer in the literal sense. It is common in Paisley and surrounding areas to use the term 'ginger' to describe a variety of carbonated drinks. The case however proceeds on the assumption that ginger beer was served in opaque bottles preventing discovery of the snail, had it actually been a clear bottle the case may have gone differently. 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 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. ... Cafe redirects here. ... 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. ... For other uses, see Snail (disambiguation). ... Ginger beer is a type of carbonated beverage, flavored primarily with ginger, lemon and sugar. ... Paisley (Pàislig in Scottish Gaelic) is a large town, and former royal burgh in the Central Lowlands of Scotland. ... Ginger beer is a type of carbonated beverage, flavored primarily with ginger, lemon and sugar. ... A substance or object that is opaque is neither transparent nor translucent. ... For other uses, see Snail (disambiguation). ... Illness (sometimes referred to as ill-health) can be defined as a state of poor health. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... A proprietary colony is a colony in which the king gave land to one or more people called proprietors. ... Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ...


Property law

Scots Law of Property distinguishes between Heritable property, such as land and buildings, and Moveables, which include including physically moveable objects, title to which normally passes only on delivery; and moveable rights including intellectual property such as patents, trade marks and copyrights. It is worth noting that agreement on an offer for property purchase is a legally binding contract, 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. In recent times sales of house by way of offering to sell to the first party to make an unconditional offer of a fixed price has eroded the traditional offers over system. This article or section does not cite any references or sources. ... For the 2006 film, see Intellectual Property (film). ... A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time (normally maximum 20 years from the filing date, depending on extension). ... 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 legal title in a property from one person to another. ... Surveyor at work with a leveling instrument. ... 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, the Abolition of Feudal Tenure etc. (Scotland) Act 2000, coming into force 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. ... Landowner or Landholder is a holder of the estate in land with considerable rights of ownership or, simply put, an owner of land. ... Look up vassal in Wiktionary, the free dictionary. ... 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. ... For the national legislative body up to 1707, see Parliament of Scotland. ... The Abolition of Feudal Tenure etc. ... is the 332nd day of the year (333rd in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


Udal law

The Northern Isles used a system called Udal Law, owing to their former status as territory of Norway. However, following legal reforms in November 2004, the significance of udal law in those islands is greatly reduced. The Northern Isles are a chain of islands off the north coast of Scotland. ... 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. For the 2006 film, see Intellectual Property (film). ... The Statute of Grand Duchy of Lithuania 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 far more heavily on Common Law than in 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. Some areas of criminal law, such as misuse of drugs and traffic offences appear identical on both sides of the Border. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... This article is about homicide, the killing of a human being. ... A young waif steals a pair of boots Stealing redirects here. ... Mobbing is a new term referring to a group behavioural phenomenon in workplaces and a type of animal behaviour. ... 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 country is the hilly area of Lowland Scotland on the border between Scotland and England. ... Corroborating evidence is evidence that tends to support a proposition that is already supported by some evidence. ...


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 prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... 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. ... For other uses, see England (disambiguation). ... This article is about the country. ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ... 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. These require "Criminal Letters" from the High Court of the Justiciary. Criminal Letters are unlikely to be granted without the agreement of the Lord Advocate. Private Prosecutions are a feature of the UK and US legal systems. ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ...


"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 they did it but there isn't enough proof". The verdict, especially in high profile cases, often causes controversy. Not proven is a verdict available to a court in Scotland. ... In law, a verdict indicates the judgment of a case before a court of law. ... Look up trial in Wiktionary, the free dictionary. ... In criminal law, guilt is entirely externally defined by the state, or more generally a “court of law. ... 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. ... An empty jury box in an American courtroom For jury meaning makeshift, see jury rig. ...


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 J. Specter (born February 12, 1930) is a United States Senator from Pennsylvania. ... The impeachment trial of President Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... Perth (Scottish Gaelic: ) is a royal burgh in central Scotland. ... is the 75th day of the year (76th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) 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 HM Advocate 1977 JC 38 - authority against automatism in cases of voluntary intoxication
  • Cawthorne v HM Advocate 1968 JC 32
  • Crawford v HM Advocate 1950 JC 67
  • Drury v HM Advocate 2001 SCCR 538 - provided modern definition of murder
  • HM Advocate v Ross 1991 JC 210 - first authoritative recognition of non-insane automatism
  • Jamieson v HM Advocate 1994 SLT 537
  • Khaliq v HM Advocate 1984 JC 23
  • Smart v HM Advocate 1975 JC 30
  • Sutherland v HM Advocate 1994 SLT 634

References

  1. ^ "Tradition and Environment in a time of change", J. A. Lillie (1970). "The law of Scotland has many roots in and affinities with the law of the Romans, the 'Civil Law' ":History of the Faculty of Law.. The University of Edinburgh School of Law. Retrieved on 2007-10-22.
  2. ^ Age of Legal Capacity (Scotland) Act 1991 (c. 50), opsi.gov.uk
  3. ^ "Under Scots Law (in contrast to the law in E&W), young people have full (or ‘active’) legal capacity at 16 years", Keele University

Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 295th day of the year (296th in leap years) in the Gregorian calendar. ... Keele University is a research-intensive campus university located near Newcastle-under-Lyme in Staffordshire, England. ...

See also

World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th century. ... 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. ... This article is about the country. ... Contemporary Welsh Law is a term applied to the body of primary and secondary legislation generated by the National Assembly of Wales, according to newly devolved authority granted in the United Kingdom parliament Government of Wales Act 2006. ... Northern Ireland law concerns the legal system in Northern Ireland. ... European Union law is the unique legal system which operates alongside the laws of Member States of the European Union (EU). ... Wikimedia Commons has media related to: Scotland This is a list of articles relating to Scotland. ... 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

  • CaseCheck. Scottish Courts Case Reports, Employment Tribunal Case Reports, Legal Opinions, Comments and Analysis.
  • Scottish Court Service. Details of Scottish courts and case law.
  • Law Society of Scotland. The Law Society of Scotland organizes solicitors, which comprise 95% of all Scottish lawyers. The site has a section headed 'What is Scots law'.
  • Faculty of Advocates: Scottish Bar. The Faculty of Advocates organizes advocates, which comprise the elite 5% of Scottish lawyers.
  • Edinburgh Law School. Law degree, public lecture, research and publication information.
    • Scots Law News. Scottish law blog with news of current developments.
  • Scottish Law Commission. The Scottish Law Commission is in charge of proposals for law reform in Scotland. This site has discussions of current law and reform proposals.
  • Criminal Letters. Blog of Scottish criminal and procedural law.
  • The Murray Stable. Collection of articles on different areas of Scots law, re-usable under Creative Commons license.
  • 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.
  • Criminal Justice in Scotland (CjS). This includes a daily blog of links to media and other information sources 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 COPFS is responsible for criminal prosecution in Scotland, the investigation of sudden or suspicious deaths and complaints against the police.
  • Scottish Law Online. This site provides information about Scots Law through a bulletin board and discussion forum.
The list of unrecognized countries enumerates those geo-political entities which lack general diplomatic recognition, but wish to be recognized as sovereign states. ...  Southwest Asia in most contexts. ... The borders of the continents are the limits of the several continents of the Earth, as defined by various geographical, cultural, and political criteria. ...  The North American plate, shown in brown The North American Plate is a tectonic plate covering most of North America, extending eastward to the Mid-Atlantic Ridge and westward to the Cherskiy Range in East Siberia. ...  The African plate, shown in pinkish-orange The African Plate is a tectonic plate covering the continent of Africa and extending westward to the Mid-Atlantic Ridge. ...

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