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28 Cards in this Set
- Front
- Back
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What is Public Law? |
Criminal The state v. The Accused Serious offences, murder rape, assault |
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What is Private Law? |
Civil Person v. Person Delict (negligence) - personal injury, defamation Family - adoption, divorce Employment - discrimination, breach of contract |
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What the criminal courts? |
High Court of Justiciary (as court of appeal) High Court of Justiciary (as court in the first instance) Sheriff Court (sitting as a criminal court) Justice of the Peace Courts (previously Disctricy Court) |
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What is the High Court of Justiciary - circuit court? |
Based in Edinburgh, but can sit in at any town - typically, Aberdeen, Dundee, Perth, Glasgow Always solemn procedure Lord Advocate; Solicitor General; Lord Advocate Depute Penalties = unlimited Appeal to HCofJ as court of appeal |
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What is solemn procedure? |
Most serious of criminal cases, conducted with a jury |
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What does the High Court of Justiciary as court of appeal do? |
Meet 3-4 weeks in Edinburgh Can quash and modify sentences Or refuse appeal decided by the Lord Commissioner of Justiciary |
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What happens at the High Court of Justiciary as court of appeal do? |
Preliminary hearing to check preparation, pleas, guilty/not guilty Special defences - alibi, incrimination, insanity, coercion, automatism |
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What is a Sheriff Court? |
A civil and criminal court |
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Who heads a Sheriff Court? |
A sheriff principal |
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What does a Sheriff Principal do? |
Responsible for organsing efficent running of sheriffdom (number of court sittings, days & times etc.) Give instructions to other sheriff and staff if the Scottish Courts and Tribunal Service relating to running of the courts Designate sheriffs or summary sheriffs as specialists in certain categories of case Under management of Lord President |
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What can the Sheriff of the Sheriff court do? |
Hear all crimes committed in Sheriffdom but NOT most serious e.g. rape, murder as HCofJ has exclusive jurisdiction over such criminal offences |
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What is a Summary Procedure (Sheriff Court)? |
Sheriff sits alone, no jury Less serious case Summary complaint Notice of penalties Shedule of previous convictions if accused guilty Up tp 12 mths imprisonment &/or £10000 fine Appeal to new sheriff appeal court |
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What is solemn procedure? |
Sheriff & jury of 15 More serious crimes Sheriff advises jurors on law Jury decide Petition Statements Indictment Up to 5 yrs imprisonment &/or unlimited fine May refer to HCofJ if greater sentence to be imposed Appeal to HCofJ |
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What is the Justice of the peace Courts - Criminal Courts? |
Less serious criminal offences heard Generally unreported Always summary procedure The judge (Justice of the Peace) can issue 60 day sentence and £2500 fine Can remit to sheriff court if need be Appeal to new Sheriff Appeal Court |
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What are the possible verdicts of the courts? |
Guilty Not guilty Not proven - verdict of acquittal If guilty, mitigation (how soon did the accused plead guilty, sentencing |
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What sit in the civil courts? |
The Supreme Court (previously the House of Lords) Court of session Sheriff Court (sitting as civil court) |
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What are the civil courts for? |
All matters not criminal e.g. a forum in which private citizens can resolve their dispute between each other |
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What is a pursuer? |
A person seeking remedy for a legal wrong |
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What is a defender? |
Seeks to defend/rebut legal action |
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What happens in a civil court if a pursuer wins? |
Will be awarded remedy E.g. damages should be paid by defender that puts pursuer back into the position thet would have been before the incident occured |
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What is the Supreme Court? |
UK wide Civil Court of Appeal Based in London Can hear Scots criminal case appeal but only where Human Rights are an issue |
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What is the Court of Session? |
Highest Civil Court in Scotland It has jurisdiction over adjudication, proving tenor of lost documents, declarator of marriage, petitiin for liquidation But NOT Reduction - now heard by Sheriff Court |
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What is the Outer House? |
Court for the first instance, does not hear appeals Lord Presdent and three Lords Ordinary Summons calls defender to court and sets out pursuers claim Defender may lodge written defence Open Record, states facts and law both parties will rely on in court Certain judges deal with specific issues e.g. property disputes |
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Who is in the Inner House - Court of Session? |
First division - Lord President and 3 Lords of Session Second Division - Lord Justice-Clerk and 3 Lord of Session Jury Trials - industrial accident claims |
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Who sits at a Sherrif Court - civil? |
Judge is a sheriff The senior sheriff = sheriff principal No jury |
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What are the civil action procedures in sheriff court - civil? |
1. Simple procedure 2. Summary cause procedure 3. Ordinary cause procedure Appeal to Sheriff Appeal Court - Summary |
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What is the new Simple Procedure? |
For actions not exceeding £5000 Court to adopt more interventionist, problem-solving approach to assist parties in solving dispites quickly Sheriff empowered to identify issues in dispute, negotiate with the parties and help them to reach settlement |
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What happens in a Sheriff Personal Injury Court? |
Courts Reform Act 2014, s41 allows for establishment of all-Scotland sheriff courts for specific types of proceedings Sheriff Personal Injury Court based in Edinburgh is first specialist court to be set up under Act All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015/213 establishes PI court from 2015 Jurisdiction extending territorally throughout Scotland for PI actions - above £5000, workplace PI actions above £1000, workplace PI actions under £1000 but which havd been remitted to all Scotland Sheriff Personal Injury Court by the Sheriff |
