The Scottish Legal System Or how law in Scotland differs from English law by Vladyslava Skorokhod
The history of the evolution of Scots law: two particularly important stages when Scotland England were completely separate countries During this time, Scotland looked to European systems when developing their own laws, particularly to France, which was heavily influenced by Roman law. after the Union of the Parliaments in 1707 From here, the Anglo influence became evident in Scots law.
Sources of Scots laws Scots law recognizes four sources of law custom legislation legal precedent academic writings
Similarities v Differences between Scots Law and English law Similarities Differences commercial law property law consumer rights criminal law taxation trust law employment law inheritance law health and safety evidence law regulations family law
Examples the age of legal capacity (16 years old in Scotland, 18 years old in England Wales) the use of 15 -member juries for criminal trials in Scotland (compared with 12 -member juries in England Wales) the fact that equity was never a distinct branch of Scots law there also differences in the terminology used: in Scotland there are no Magistrates' Courts or Crown Court, but there are Justice of the Peace Courts, Sheriff Courts and the College of Justice.
Legislature Many areas of Scots law are legislated for by the Scottish Parliament, in matters devolved from the Parliament of the United Kingdom (education, criminal justice, local government) However, certain powers are reserved to Westminster including defence, international relations, fiscal and economic policy, drugs law, and broadcasting. The Scottish Parliament also has been granted limited tax raising powers
Scotland’s court system
Legal profession Advocates Solicitors the equivalent of the They are members of the Law English barristers belong to the Faculty of Advocates specialise in presenting cases before courts and tribunals, with nearexclusive rights of audience, and in giving legal opinions. Society of Scotland deal directly with their clients in all sorts of legal affairs since 1992 they have been able to apply for extended rights, becoming known as solicitor advocates. Notaries public, unlike their continental equivalent, are not members of a separate profession; they must be solicitors, and most solicitors are also notaries.
All we know about Scotland …
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