Outline and Describe the Structure and Jurisdiction of the Scottish Criminal and Civil Courts. Give Examples of the Types of Cases These Courts Will Hear and Indicate Which Scottish Legal Personnel You Would Expect to Find There.
Outline and describe the structure and jurisdiction of the Scottish criminal and civil courts. Give examples of the types of cases these courts will hear and indicate which Scottish legal personnel you would expect to find there.
Scottish courts are divided into two distinct and separate systems, each with its own jurisdiction and terminology. As stated above these are the civil and criminal courts. First of all I will look into the structure and jurisdiction of the civil courts. The civil court deals with disputes between individuals, companies or public bodies and can be in extremely diverse areas of law. Civil cases are said to be adversarial. This means that the judge will hear legal argument and evidence from all parties and then…show more content… The Inner House seldom listens to evidence and determines appeals from the legal arguments presented to it. Decisions are determined by a majority vote of the judges. After this there is a right to further appeal and must be done so by means of petition to the House of Lords. The House of Lords is the final court of appeal for civil cases from Scotland. It hears appeals from the Inner House of The Court of Session on questions of both fact and law unless the case was begun in the sheriff court, when the appeal must be on a question of law. There are twelve law lords of whom normally two will be Scottish trained judges. Although it is not a rule that a Scottish judge sits to hear an appeal from Scotland, it is usual for at least one of the five judges to be Scottish. After the House of Lords have passed judgement they relay the return the case to the Inner House of the Court of Session for them to give effect to the judgement.
Now we will move on the structure and jurisdiction of the criminal courts within the Scottish legal system. The first point I would like to highlight is that the Scottish criminal court system distinguishes between offences that can be tried without a jury, called summary procedure and those that are tried on indictment with a jury, called solemn procedure. The criminal system is also subdivided into four different courts. These are the District Court or the Justice of the Peace