The Scottish legal system is divided into two different parts i.e. the civil justice system and the criminal justice system. Both the systems have their own set of rules and procedures, courts and systems. Legal disputes between the private individuals in areas like family law, company law, partnership law, law of banking and finance, consumer law and likewise are resolved by the civil justice system whereas the criminal justice system looks into serious crimes, murder, drug trafficking and similar cases which are prohibited by law. The criminal court structure consists of the justice of peace, the sheriff court and the high court of jurisdiciary on the other hand the civil court structure is incorporated of three courts nationwide which is
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If Maya and McTavish (agent and principal) are not able to settle the dispute between them it is most likely that this case will be heard in Sheriff civil court. Sheriff courts have got a very wide range of jurisdiction in respect of both civil and criminal matters in Scotland. The types of cases which the sheriff courts usually get are family matters, contractual disputes and usually cases which are private in nature. Since this case is between the principal and the agent and it is private in nature it will go to the sheriff court. Furthermore, the sheriff court and the Court of Session is divided into jurisdictions and procedures (black, 2008). There are three types of civil court procedures which are used in the sheriff courts. They include small claims, summary cause procedure and the ordinary cause procedure. Small claims procedure is used when the claim is up till £3000. Summary cause procedures is when the amount in the question is above £3000 and below and including £5000. Disputes involving rent arrears and delivery of goods are the types of cases which use this procedure. When the claim exceeds £5000, that’s when the ordinary cause procedure comes into practice (black, …show more content…
“It deals with all forms of civil cases, including delict (civil wrongs, referred to as “tort” in other jurisdictions), contract, commercial cases, judicial review, family law and intellectual property” (Scotland-judiciary, 2015). The Court of Session is both a court of first instance acknowledged as the outer house and the court of appeal known as the inner house. The cases which have not been to the court before are heard at the outer house which is why the outer house is also recognized as the court of first instance. In the Outer House, a judge sits alone, but in some cases there may be a civil jury made up of 12 people. The main task of the Inner House is primarily to sit as an appeal court, hearing civil appeals from both the Outer House and Sheriff Courts. Furthermore the inner house is divided into the first division and the second division with equal authority and headed by the lord president and lord justice-clerk respectively. The quorum for each division is three judges. The cases here are usually heard by three judges, although for more complex cases it is heard by five judges or more if required. An unsuccessful Appeal of the inner house may be made to the supreme court of the United Kingdom (Bar-Niv and Elman,
If Maya and McTavish (agent and principal) are not able to settle the dispute between them it is most likely that this case will be heard in Sheriff civil court. Sheriff courts have got a very wide range of jurisdiction in respect of both civil and criminal matters in Scotland. The types of cases which the sheriff courts usually get are family matters, contractual disputes and usually cases which are private in nature. Since this case is between the principal and the agent and it is private in nature it will go to the sheriff court. Furthermore, the sheriff court and the Court of Session is divided into jurisdictions and procedures (black, 2008). There are three types of civil court procedures which are used in the sheriff courts. They include small claims, summary cause procedure and the ordinary cause procedure. Small claims procedure is used when the claim is up till £3000. Summary cause procedures is when the amount in the question is above £3000 and below and including £5000. Disputes involving rent arrears and delivery of goods are the types of cases which use this procedure. When the claim exceeds £5000, that’s when the ordinary cause procedure comes into practice (black, …show more content…
“It deals with all forms of civil cases, including delict (civil wrongs, referred to as “tort” in other jurisdictions), contract, commercial cases, judicial review, family law and intellectual property” (Scotland-judiciary, 2015). The Court of Session is both a court of first instance acknowledged as the outer house and the court of appeal known as the inner house. The cases which have not been to the court before are heard at the outer house which is why the outer house is also recognized as the court of first instance. In the Outer House, a judge sits alone, but in some cases there may be a civil jury made up of 12 people. The main task of the Inner House is primarily to sit as an appeal court, hearing civil appeals from both the Outer House and Sheriff Courts. Furthermore the inner house is divided into the first division and the second division with equal authority and headed by the lord president and lord justice-clerk respectively. The quorum for each division is three judges. The cases here are usually heard by three judges, although for more complex cases it is heard by five judges or more if required. An unsuccessful Appeal of the inner house may be made to the supreme court of the United Kingdom (Bar-Niv and Elman,