Scotland

This article is part of the series: Politics and government of Scotland

Scottish Government

First Minister: Alex Salmond Deputy First Minister: Nicola Sturgeon Cabinet Crown Office Lord Advocate: Elish Angiolini Executive agencies Public bodies

Scottish Parliament

Acts Presiding Officer: Alex Fergusson Scottish Parliament Building Members (MSPs) : 1999, 2003, 2007 Constituencies and electoral regions Elections: 1999, 2003, 2007, 2011 Legislative Consent Motion

Scotland in the United Kingdom

Her Majesty's Government Secretary of State: Des Browne Scotland Office Reserved matters Advocate General: Neil Davidson Parliament of the United Kingdom Constituencies Grand Committee Select Committee Elections: 1997, 2001, 2005, 2009/10 Lists of Scottish MPs

Legal system Scots law Supreme courts

European Parliament European Parliament constituency Elections: 2004, 2009 Local government Subdivisions of Scotland Convention of Scottish Local Authorities Political parties Scottish independence Unionism in Scotland

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Scots law is a unique legal system with an ancient basis in Roman law. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Current situation The largest party is the Scottish National Party, which campaigns for Scottish independence. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The First Minister of Scotland (Prìomh Mhinistear na h-Alba First Meinister o Scotland is the head of the devolved Scottish Alexander Elliot Anderson "Alex" Salmond, (ˈsamənd is the First Minister of Scotland, heading a minority Scottish Government. The Deputy First Minister of Scotland is the deputy to the First Minister of Scotland. Nicola Sturgeon (born on 19 July, 1970 in Irvine, North Ayrshire) is the Deputy First Minister of Scotland, Cabinet Secretary Salmond government The Salmond government ( 16 May, 2007 &ndash) is a Scottish National Party Minority government. The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish Elish Frances Angiolini QC (Scot (born 24 June 1960 as Elish Frances McPhilomy) is a Scottish lawyer who has served in the 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 Government. The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral "Acts of the Scottish Parliament" redirects here For pre-Union acts see List of Acts of the Scottish Parliament to 1707. The Presiding Officer of the Scottish Parliament (Oifigear-Riaghlaidh Preses o the Scots Pairlament is the speaker of the Scottish Parliament, elected by the Alex Fergusson (born 8 April 1949 Leswalt, Wigtownshire) is a Conservative politician and Presiding Officer of the Scottish Parliament. The Scottish Parliament Building (Pàrlamaid na h-Alba is the home of the Scottish Parliament at Holyrood, within the UNESCO World Heritage Site 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 Composition of the Parliament Graphical representation This is a graphical comparison of party strengths in the 1st session of the Scottish Parliament at the time Composition of the Parliament Graphical representation This is a graphical comparison of party strengths in the 2nd session of the Scottish Parliament at the time Composition of the Parliament Graphical representation This is a graphical comparison of party strengths in the 3rd session of the Scottish Parliament as of The Scottish Parliament ( Holyrood) has 73 constituencies, each electing one Member of the Scottish Parliament (MSP by the Plurality ( First Scotland has elections to several bodies the Scottish Parliament, the United Kingdom Parliament, the European Parliament, local councils and Community The Scottish Parliament election 1999 was the first General election of the Scottish Parliament, with voting taking place on May 6, 1999. The Scottish Parliament election 2003, was the second General election of the Scottish Parliament. The 2007 Scottish Parliament election was held on Thursday 3 May 2007 to elect members to the Scottish Parliament The 2011 Scottish Parliament election will be held on Thursday 5 May 2011 to elect members to the Scottish Parliament. A Legislative Consent Motion (also known as a Sewel motion) is a parliamentary motion passed by the Scottish Parliament, in which it agrees that the The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Her Majesty's Government, or when the monarch is male His Majesty's Government, is the title used by the Government of the United Kingdom, based at The Secretary of State for Scotland ( Scottish Gaelic: Rùnaire Stàite na h-Alba) is the principal minister of Her Majesty's Government in the The Rt Hon Desmond Henry Browne MP (born 22 March 1952 commonly known as Des Browne, is a Scottish Labour Party Politician. The Scotland Office ( Oifis na h-Alba in Scottish Gaelic) is a department of the United Kingdom government within the Ministry of Justice and For other meanings see Reserved powers disambiguation page In the United Kingdom reserved matters, also referred to as reserved Her Majesty's Advocate General for Scotland (Àrd-neach-tagraidh na Bànrighe airson Alba in is one of the Law Officers of the Crown, whose duty it is to advise the Crown Neil Forbes Davidson Baron Davidson of Glen Clova, QC (born 13 September 1950) is a Scottish Lawyer. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories 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 The Scottish Grand Committee is a committee of the House of Commons. The Scottish Affairs Committee is a select committee appointed by the House of Commons of the Parliament of the United Kingdom to examine the expenditure Scotland has elections to several bodies the Scottish Parliament, the United Kingdom Parliament, the European Parliament, local councils and Community Results The election was fought under new boundaries with a net increase of eight seats compared to the 1992 election Results |} Total votes cast 26368204 All parties with more than 500 votes shown Results Overview For events leading up to the date of the election see article Pre-election day events of the United Kingdom general Leadership of the main parties David Cameron became Conservative leader in December 2005 replacing Michael Howard. 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 The three major legal systems of the world today consist of civil law, Common law and Religious law. The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies The European Parliament ( Europarl or EP) is the only directly elected parliamentary institution of the European Union (EU 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 England Scotland and Wales Turnout for all the regions was 37 Elections to the European Parliament will be held from 4 June to 7 June 2009 in the 27 member states of the European Union, using varying election Local government in Scotland is organised through 32 unitary authorities consisting of Councillors elected every four years by registered voters in each of the For local government purposes Scotland is divided into 32 areas designated as "council areas" which are all governed by unitary authorities designated as The Convention of Scottish Local Authorities (COSLA is the representative association of Scottish local government and is the Employers’ association Parties represented in the Scottish Parliament Parties represented in the Scottish Parliament (in order of number of representatives Scottish National Unionism in Scotland is the belief in that Scotland should remain in the United Kingdom in its present structure as a union between its main Constituent countries Information on politics by country is available for every Country, including both De jure and De facto independent The three major legal systems of the world today consist of civil law, Common law and Religious law. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting ^[1] Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive 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 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. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Legal pluralism allows for moral laws that are unwritten as formal laws The Law of South Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions a civil law system inherited from its Dutch A Code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted by a Law in the State of Louisiana is based in part on civil law. Louisiana is the only U 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. The Acts of Union were a pair of Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland to put into The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Scotland retained a fundamentally different legal system from that of England and Wales, but the Union brought English influence on Scots law. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland 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 Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the The Council of Europe (Conseil de l'Europe is the oldest International organisation working towards European integration, being founded in 1949 The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral For other meanings see Reserved powers disambiguation page In the United Kingdom reserved matters, also referred to as reserved The Scotland Act 1998 (1998 c 46 is an Act of the Parliament of the United Kingdom.

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. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Northern Ireland law concerns the Legal system of Northern Ireland. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Commercial law (sometimes known as business law) is the body of Law which governs Business and commercial transactions In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Different terminology is often used for the same concepts, for example, arbiters are called arbitrators in England. Arbitration, a form of Alternative dispute resolution (ADR is a legal technique for the resolution of Disputes outside the Courts wherein the Another example would be the third verdict available to judges and juries (which consist of 15 members) in criminal cases: 'not proven'. A judge, or justice, is an Official who presides over a Court of law 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 Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts The age of legal capacity under Scots law is 16, whereas under English law it is 18. The age of majority is the threshold of Adulthood as it is conceptualized (and recognized or declared in Law. ^[2][3]

Contents 1 Legal system 1.1 Governance and administration 1.1.1 Minister for Justice 1.2 Legal profession 1.2.1 Advocates 1.2.2 Solicitors 1.2.3 Solicitor-Advocates 1.3 Courts 1.4 Origins and historical development 1.4.1 Continental influence 1.4.2 United Kingdom 2 Sources of law 2.1 Common law 2.2 Statute law 2.2.1 The Scottish Parliament 2.2.2 The United Kingdom Parliament 2.2.3 European law 3 Branches of Scots law 3.1 Private law 3.2 Contract 3.3 Delict 3.4 Property law 3.4.1 Feudal law 3.4.2 Udal law 3.4.3 Intellectual property law 3.5 Public law 3.5.1 Criminal law 3.5.1.1 Crown Office and Procurator Fiscal Service 3.5.1.2 "Not proven" verdict 3.5.1.3 Notable criminal cases 4 References 5 See also 6 External links

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). A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral Devolution is the statutory granting of powers from the central government of a State to government at subnational level The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories 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. For other meanings see Reserved powers disambiguation page In the United Kingdom reserved matters, also referred to as reserved The Ministry of Defence ( MoD) is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters The United Kingdom (UK is a key 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 The prohibition of drugs through sumptuary Legislation or Religious law is a common means of attempting to control Drug use and the The United Kingdom has an extremely diverse media with an almost unrivalled number of outlets second only to the United States. The Scottish Parliament does retain limited tax raising powers.

Minister for Justice

The Scottish Government has executive responsibility for the Scottish legal system, which is headed by the Cabinet Secretary for Justice. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Cabinet Secretary for Justice, commonly referred to as the Justice Secretary, is a Cabinet position in the Scottish Government. 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

Legal profession

The Scottish legal profession has two main branches, Advocates and Solicitors. Law enforcement in the United Kingdom is organised separately in Scotland, Northern Ireland, England and Wales (administration of Police matters The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. The Scottish Prison Service (SPS ( Scottish Gaelic: Seirbheisean nam prìosan Albanach) an executive agency of the Scottish Government tasked Firefighters are rescuers extensively trained primarily to put out hazardous Fires that threaten civilian populations and property to rescue people from car accidents collapsed Emergency management (or disaster management) is the discipline of dealing with and avoiding risks Social justice, sometimes called civil justice, refers to the concept of a Society in which Justice is achieved in every aspect of society rather than A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person An advocate is one who speaks on behalf of another person especially in a legal context A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts

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. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation The Faculty of Advocates is an independent body of Lawyers who have been admitted to practise as Advocates before the Courts of Scotland, especially the The title of Senior Counsel ( Postnominal SC; 資深大律師 in Hong Kong; 高级律师 in Singapore or State Counsel is given to Queen's Counsel ( postnominal QC) &ndash known as King's Counsel ( KC) during the reign of a male sovereign  &ndash are 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. The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. Tribunal is a generic term for any body acting judicially whether or not it is called a tribunal in its title Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in They usually receive instructions indirectly from clients through solicitors, though in many circumstances they can be instructed directly by members of certain (professional) associations.

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. The public interest refers to the "common well-being" or "general welfare 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.

Solicitors

Solicitors, more numerous, are members of the Law Society of Scotland and deal directly with their clients in all sorts of legal affairs. A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts The Law Society of Scotland is the Professional governing body for Scottish Solicitors based in Edinburgh. 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. Year 1992 ( MCMXCII) was a Leap year starting on Wednesday (link will display full 1992 Gregorian calendar)

A solicitor also has the opportunity to become a notary public. A notary public is an officer who can administer Oaths and Statutory Declarations Witness and authenticate documents These, like their continental equivalent, are members of a separate profession. Civil law notaries are trained Jurists who often receive the same training as advocating jurists &mdash those with a legal education who become litigators such as Barristers

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 This article is part of the series: Courts of 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 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 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 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 Lord Advocate Crown Office Advocate Depute Procurator Fiscal

Advocates and solicitors Faculty of Advocates Advocate Law Society of Scotland Solicitor-Advocate Solicitor

Main article: Courts of Scotland

• Criminal Courts (by increasing authority)
  • District Court
  • Sheriff Court
  • High Court of Justiciary
  • High Court of Justiciary sitting as a Court of Criminal Appeal
  • Judicial Committee of the Privy Council in Devolution Issues
• Civil Courts (by increasing authority)
  • Sheriff Court
  • Court of Session
    • Outer House
    • Inner House
  • House of Lords/Judicial Committee of the Privy Council** in Devolution Issues
• There are also a number of specialist courts and tribunals who determine legal disputes and applications, appeal from which ultimately lies to the Sheriff court (and therefore arguably of inferior authority relative to the Sheriff Court):
  • Children's Hearings
  • Office of the Public Guardian
• For other such courts and tribunals, appeal lies to the Court of Session:
  • land:
    • Scottish Land Court - agricultural tenancies and crofting rights
    • Lands Tribunal for Scotland - title and land obligations
  • heraldry and genealogy:
    • Court of the Lord Lyon
• Further there are a number of cross-border tribunals appeal from which lies ultimately to the Court of Session where the proceedings originate within Scotland:
  • VAT and Duties Tribunal
  • Asylum and Immigration Tribunal
  • Pensions Appeal Tribunals for Scotland
  • Office of the Social Security Commissioners
  • Employment Tribunal

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). The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. The Justice and Communities Directorate is a Directorate within the Scottish Government. The Cabinet Secretary for Justice, commonly referred to as the Justice Secretary, is a Cabinet position in the Scottish Government. The Judicial Appointments Board for Scotland is Public body responsible for making recommendations on appointments to judicial offices in Scotland. The Scottish Court Service is an executive agency of the Scottish Government responsible for the administration the of the Court system in Scotland 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 in Scotland, is a public body based in Falkirk as part of the Scottish Court Service, established The Scottish Criminal Cases Review Commission (SCCRC is a non-departmental public body in Scotland, established by the Criminal Procedure (Scotland Act 1995 The Scottish Prison Service (SPS ( Scottish Gaelic: Seirbheisean nam prìosan Albanach) an executive agency of the Scottish Government tasked The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 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 of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively The Lord President of the Court of Session is head of the judiciary in Scotland and presiding Judge (and Senator of the College of Justice and Court of Session The Lord Justice Clerk is the second most senior Judge in Scotland behind the Lord President of the Court of Session. 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 The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland. Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. The High Court of Justiciary is the supreme criminal court of Scotland. The Lord President of the Court of Session is head of the judiciary in Scotland and presiding Judge (and Senator of the College of Justice and Court of Session The Lord Justice Clerk is the second most senior Judge in Scotland behind the Lord President of the Court of Session. 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 Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace The Court of the Lord Lyon, also known as the Lyon Court, is a standing Court of law which regulates Heraldry in Scotland. 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 The Scottish Children's Reporter Administration (SCRA is a Scottish Government executive non-departmental public body with responsibility for protecting Children A Children’s Hearing is part of the legal and welfare systems in Scotland; it aims to 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 The Lands Tribunal for Scotland is a civil Court established in 1971[http //www Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates A procurator fiscal is the Public prosecutor in Scotland, also carrying out functions broadly equivalent to the Coroner in other Legal systems The Faculty of Advocates is an independent body of Lawyers who have been admitted to practise as Advocates before the Courts of Scotland, especially the An advocate is one who speaks on behalf of another person especially in a legal context The Law Society of Scotland is the Professional governing body for Scottish Solicitors based in Edinburgh. Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in A "solicitor" is a term used in many Common law jurisdictions for a lawyer who offers legal services outside of the courts The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. A District Court is the lowest level of court in Scotland. It deals mainly with minor offences and they operate under summary procedure. Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. The High Court of Justiciary is the supreme criminal court of Scotland. The High Court of Justiciary is the supreme criminal court of Scotland. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively The Outer House is one of the two parts of the Scottish Court of Session, which is the supreme civil Court in Scotland. The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms 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, established by the Judicial Committee Act 1833 A Children’s Hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people The Office of the Public Guardian (OPG in Scotland, is a public body based in Falkirk as part of the Scottish Court Service, established 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 The Lands Tribunal for Scotland is a civil Court established in 1971[http //www Heraldry in its most general sense encompasses all matters relating to the duties and responsibilities of officers of arms. Genealogy (from Greek: el γενεά el-Latn genea, "descent" and el λόγος el-Latn logos, "knowledge" is the study of The Court of the Lord Lyon, also known as the Lyon Court, is a standing Court of law 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 Employment Tribunals are Tribunal Non-Departmental Public Bodies in England and Wales and Scotland which have statutory Jurisdiction A number of law codes have in the past been in use in Celtic countries A Viking is one of the Norse ( Scandinavian Explorers Warriors Merchants, and pirates who raided and colonized wide areas Udal law is a near-defunct Norse derived Legal system, which is found in Shetland and Orkney, Scotland and in Manx law Orkney (also known as the Orkney Islands or incorrectly the Orkneys) is an Archipelago in northern Scotland, situated 10 miles (16 km north Shetland (formerly spelled Zetland, from etland; Old Norse non Hjaltland; Sealtainn is an Archipelago off the northeast coast of

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). The Normans were the people who gave their names to Normandy, a region in northern France. Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed For the government of parliamentary systems see Executive (government. The term Scoto-Norman (also Scotto-Norman, Franco-Scottish or Franco-Gaelic) is used to described people families institutions and archaeological artifacts The Anglo-Normans were mainly the descendants of the Normans who ruled England following the conquest by William of Normandy in 1066, although 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 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. David I or Dabíd mac Maíl Choluim ( Modern: Daibhidh I mac Chaluim; b SHERIFF is a telecom fraud detection and management system originally developed by BT and MCI. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority 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). A Burgh (ˈbʌʀə is an autonomous corporate entity in Scotland, usually a Town. Continental Europe, also referred to as mainland Europe or simply the Continent, is the Continent of Europe, explicitly excluding European A Dean of Guild, under Scots law, was a Burgh Magistrate who in later years had the care of buildings The twentieth century of the Common Era began on

From the end of the 13th century the Scottish parliament of the Three Estates developed Statute Laws. The Estates of the realm were the broad divisions of society usually distinguishing Nobility, Clergy, and Commoners recognized in the Middle Ages Statutory law or statute law is written Law (as opposed to oral or Customary law) set down by a Legislature or other governing

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. Celtic Christianity, or Insular Christianity (sometimes called the Celtic Church or the British Church) broadly refers to the Early Medieval Canon Law, the Ecclesiastical law of the Catholic Church, is a fully developed legal system with all the necessary elements courts lawyers judges a fully articulated An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting The 6th century is the period from 501 to 600 in accordance with the Julian calendar in the Christian / Common Era. Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or This influence extended as Medieval Scots students of Civil or Canon Law mostly went abroad, to universities in Italy, France, Germany or the Netherlands. A university is an institution of Higher education and Research, which grants Academic degrees in a variety of subjects Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest This article is about the country For a topic outline on this subject see List of basic France topics. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands (The English universities, Oxford and Cambridge, were closed to Scots. The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the The University of Cambridge (often Cambridge University) located in Cambridge, England, is the second-oldest university in the ) 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 St Andrews is the oldest University in Scotland and third oldest in the English-speaking world, having been founded between 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. The University of Glasgow (Oilthigh Ghlaschu was founded in 1451 in Glasgow, Scotland and along with its contemporary institutions the University of St Andrews Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end either related to law Scholarly method &mdash or as it is more commonly called scholarship &mdash is the body of principles and practices used by scholars to make their claims about the world as William Elphinstone ( 1431 - October 25, 1514) Scottish Statesman, Bishop of Aberdeen and founder of the University The University of Aberdeen is an Ancient university founded in 1495, in Old Aberdeen, Scotland. Studying on the European mainland continued to be the norm for Scottish law students until the 18th century. Continental Europe, also referred to as mainland Europe or simply the Continent, is the Continent of Europe, explicitly excluding European The 18th century lasted from 1701 to 1800 in the Gregorian calendar, in accordance with the Anno Domini / Common Era numbering system

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. James V (10 April 1512 &ndash 14 December 1542 was King of Scots from 9 September 1513 until his death Pope Paul III ( February 29, 1468 &ndash November 10, 1549) born Alessandro Farnese, was Pope of the Roman 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 The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies 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. The Protestant Reformation was a reform movement in Europe that began in 1517 though its roots lie further back in time The primacy of the Roman Pontiff is the apostolic authority of the Pope ( Bishop of Rome) from the Holy See, over the several churches The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively

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) . The Acts of Union were a pair of Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland to put into The Acts of Union were a pair of Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland to put into The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively 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 the supreme criminal court of Scotland. . . 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 Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland The Scottish Enlightenment then reinvigorated Scots law as a university-taught discipline. The Scottish Enlightenment was the period in 18th century Scotland characterised by an outpouring of intellectual and scientific accomplishments 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). The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive 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

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. The Peerage of England comprises all Peerages created in the Kingdom of England before the Act of Union in 1707. The 19th century of the Common Era began on January 1, 1801 and ended on December 31, 1900, according to the Gregorian calendar Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the 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 Scottish Highlands had been affected by Scots law but remained largely independent, with remnants of Celtic law still in force. The Scottish Highlands ( Scottish Gaelic: A' Ghàidhealtachd, Scots: Hielans) include the rugged and Mountainous Their involvement in Jacobitism led to a series of Acts attempting to crush the Scottish clan structure and bring them firmly within Scots law. Jacobitism was (and to a limited extent remains the political movement dedicated to the restoration of the Stuart kings to the thrones of England, Scotland Scottish clans (from Scottish Gaelic clann, "children" give a sense of identity and shared descent to people in Scotland and to their relations 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. The Heritable Jurisdictions (Scotland Act 1746 (20 Geo 2 c 43 was an Act of Parliament passed by the Parliament of Great Britain in 1746. Year 1747 ( MDCCXLVII) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government

Scots law has continued to change and develop, with the most significant change coming with the establishment of the Scottish Parliament as described below. The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral

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. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive This has sources in custom, in legal writings and in previous court decisions. A convention is a set of agreed, stipulated or generally accepted Standards norms social norms or criteria, often taking the form of 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. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial

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. Natural justice or procedural fairness is a legal philosophy used in some jurisdictions in the determination of just or fair, processes in legal proceedings Thus Scots Law does not have the complex construct of "Equity" applicable in England. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland

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. As a means of recording the passage of Time, the 17th Century was that Century which lasted from 1601 - 1700 in the Gregorian calendar The 18th century lasted from 1701 to 1800 in the Gregorian calendar, in accordance with the Anno Domini / Common Era numbering system The 19th century of the Common Era began on January 1, 1801 and ended on December 31, 1900, according to the Gregorian calendar Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common 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. Thomas Craig may refer to Tommy Craig, the Scottish footballer born 1950 Sir Thomas Craig (poet, (1538-1608 Scottish jurist and poet Scots law is a unique legal system with an ancient basis in Roman law. James Dalrymple 1st Viscount of Stair (May 1619 - November 29, 1695) Scottish Lawyer and Statesman, was born at Private law (Civil law is that part of a Legal system that involves relationships between individuals David Hume (26 April 1711 25 August 1776 Scottish Philosopher, Economist, and Historian is an important figure in Western philosophy 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 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. Sir Gerald Gordon KBE, QC is the editor of Scottish Criminal Case Reports and editor of Renton and Brown's Criminal Procedure.

Statute law

Laws can be set by both the Scottish and Westminster Parliaments, and also the European Union. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in 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 is a Law enacted as Primary legislation by a national or sub-national Parliament. Delegated legislation (also referred to as secondary legislation or subordinate legislation) is Law made by an executive authority under powers given to In Law, a Statutory Instrument is a form of 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. This article is about the pre-1707 parliament The article on the devolved legislative body established in 1999 is at Scottish Parliament. Scots ( The Scots leid) refers to Anglic varieties derived from early northern Middle English spoken in parts of Scotland and Northern In 1999 the devolved Scottish Parliament with legislative competence over any matter not reserved to the United Kingdom Parliament at Westminster was established. Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) Devolution is the statutory granting of powers from the central government of a State to government at subnational level The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral For other meanings see Reserved powers disambiguation page In the United Kingdom reserved matters, also referred to as reserved The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories Westminster is an area of Central London, within the City of Westminster. 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'. Dr Winifred Margaret 'Winnie' Ewing (born 10 July 1929) is a prominent Scottish National Party (SNP The Scottish National Party (SNP (Pàrtaidh Nàiseanta na h-Alba Scottis Naitional Pairtie is a Centre-left political party which campaigns for Scottish 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 adjourn means to suspend until a later stated time Law In Law, adjournment means to suspend proceedings to another time or place

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, Sovereignty of Parliament, parliamentary supremacy, or legislative supremacy is a concept in Constitutional law Constitutional law is the study of foundational or basic Laws of nation states and other political organizations

The powers of the Scottish Parliament are set out in the Scotland Act 1998. The Scotland Act 1998 (1998 c 46 is an Act of the Parliament of the United Kingdom.

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. For other meanings see Reserved powers disambiguation page In the United Kingdom reserved matters, also referred to as reserved 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. A Legislative Consent Motion (also known as a Sewel motion) is a parliamentary motion passed by the Scottish Parliament, in which it agrees that the 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. The Labour Party is a Political party in the United Kingdom. Founded at the start of the 20th century it has been since the 1920s the principal party of the The Scottish National Party (SNP (Pàrtaidh Nàiseanta na h-Alba Scottis Naitional Pairtie is a Centre-left political party which campaigns for Scottish

European law

European Union Regulations and many parts of the Treaty of Rome are directly applicable as law. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in EU directives passed by the Council of Ministers require member states to legislate to implement them. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving A state is a political association with effective Sovereignty over a geographic Area and representing a Population.

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). The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the 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.

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 is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Private law (Civil law is that part of a Legal system that involves relationships between individuals Public law covers constitutional law, administrative law and criminal law and procedure. Constitutional law is the study of foundational or basic Laws of nation states and other political organizations Administrative law is the body of Law that governs the activities of administrative agencies of Government. 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 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. For partnership in cricket terminology see List of cricket terms A partnership is a type of Business entity in which partners Note This Wikipedia entry deals with the legal concept legal person. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the A limited company in the United Kingdom is a Corporation whose liability is limited by 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.

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. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law This article is about the political term for the term as used in Biology, see symmetry (biology. Unilateralism ("one+side -ism " is any doctrine or agenda that supports one-sided action 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).

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 Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property

At common law, a promise had to be proved by writ or oath. In Law, a writ is a formal written order issued by a body with administrative or judicial Jurisdiction. An oath (from Anglo-Saxon āð, also called plight) is either a Promise or a Statement of Fact calling However, after the introduction of the Requirements of Writing (Scotland) Act 1995, a promise need only be evidenced in writing for:

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

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. Delict is the responsibility to make reparation caused by breach of a duty of care in Scots Law. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a reasonable Standard of care while performing any acts 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. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties While some terms such as assault, defamation are used in both systems, their technical meanings differ. Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand,

"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. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. The lex Aquilia was a Roman Law which provided compensation to the owners of property injured by someone's fault 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. Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to In Jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim There are many many various delicts which can be committed, ranging from assault to procurement of breach of contract.

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 (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to Donoghue (or M’Alister v Stevenson ( [1932] AC 562 1932 SC (H

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. Ice cream or ice-cream (originally iced cream) is a frozen dessert made from Dairy products such as Milk and Cream, combined Ginger beer is a type of carbonated Soft drink or occasionally Alcoholic beverage flavored primarily with Ginger, Lemon and Paisley (Pàislig is a town and former Burgh in the west- Central Lowlands of Scotland. Opacity is the measure of impenetrability to electromagnetic or other kinds of radiation especially visible Light. The word snail is a Common name that can be used for almost all members of the Molluscan class Gastropoda which have coiled shells in the Interestingly owing to quirks of the case it was never established that the drink was ginger beer in the literal sense. Ginger beer is a type of carbonated Soft drink or occasionally Alcoholic beverage flavored primarily with Ginger, Lemon and It is common in Paisley and surrounding areas to use the term 'ginger' to describe a variety of carbonated drinks. Paisley (Pàislig is a town and former Burgh in the west- Central Lowlands of Scotland. 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. Ginger beer is a type of carbonated Soft drink or occasionally Alcoholic beverage flavored primarily with Ginger, Lemon and Opacity is the measure of impenetrability to electromagnetic or other kinds of radiation especially visible Light. The word snail is a Common name that can be used for almost all members of the Molluscan class Gastropoda which have coiled shells in the 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. Illness (sometimes referred to as ill-health or ail) can be defined as a state of poor Health. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law The word proprietary indicates that a party or proprietor exercises private Ownership, control or use over an item of Property. Negligence (Lat negligentia from negligere to neglect literally "not to pick up" is a legal concept in the Common law legal systems usually used to 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.

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. Property is any physical or virtual entity that is owned by an individual Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for 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 law conveyancing is the transfer of title of Property from one person to another or the granting of an Encumbrance such as a Mortgage or Surveying is the technique and science of accurately determining the terrestrial or three-dimensional space Position of points and the distances and angles between The verb " gazump " means to refuse to formalise a property sale agreement at the last minute in order to accept a higher offer 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.

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. Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed Landholder or landowner is a holder of the Estate in land with considerable rights of ownership or simply put an owner of land A vassal (also called feodary or fedary) in the terminology that both preceded and accompanied the feudalism of Medieval Europe, Examples of feudalism are helpful to fully understand Feudalism and Feudal society. A ground rent, sometimes known as a rentcharge or a chief rent in North West England, is a regular payment required under a Lease from the owner 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. Year 1974 ( MCMLXXIV) was a Common year starting on Tuesday (link will display full calendar of the 1974 Gregorian calendar. The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. The Abolition of Feudal Tenure etc (Scotland Act 2000 was an act of the Scottish Parliament which was passed by the Parliament on 3 May 2000 and received For the town in Argentina, see 28 de Noviembre. Events "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again "

Udal law

The Northern Isles used a system called Udal Law, owing to their former status as territory of Norway. The Northern Isles ( Old Norse: Norðreyjar) are a chain of Islands off the north coast of mainland Scotland. Udal law is a near-defunct Norse derived Legal system, which is found in Shetland and Orkney, Scotland and in Manx law Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional However, following legal reforms in November 2004, the significance of udal law in those islands is greatly reduced.

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. Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for The Internet is a global system of interconnected Computer networks This definition has now been superseded by European directives but the principle still stands. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving

Public law

Criminal law

Scots criminal law relies far more heavily on Common Law than in England. 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 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. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries manslaughter|homicide|murder Culpable homicide is a specific offence in various jurisdictions which generally involves the unlawful killing of another with (in most relevant jurisdictions Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Mobbing is a term referring to a type of animal behaviour A newer use refers to a group behavioural phenomenon in workplaces 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 Some areas of criminal law, such as misuse of drugs and traffic offences appear identical on both sides of the Border. Drug abuse has a wide range of definitions related to taking 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 The border country is the area either side of the Anglo-Scottish border including parts of the modern Council areas of Dumfries and Galloway and the In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. 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 and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland 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. Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates The High Court of Justiciary is the supreme criminal court of Scotland. A procurator fiscal is the Public prosecutor in Scotland, also carrying out functions broadly equivalent to the Coroner in other Legal systems Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law

Private prosecutions are very rare in Scotland. A private prosecution is a criminal or Provincial offence case initiated by an individual or organization other than the state-funded Prosecutor. 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. Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish

"Not proven" verdict

• Main article: Not proven

The Scots legal system is unique in having three possible verdicts for a criminal trial: "guilty", "not guilty" and "not proven". Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, guilt is entirely externally defined by the State, or more generally a “court of law In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts Both "not guilty" and "not proven" result in an acquittal with no possibility of retrial. In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict 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". A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them 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.

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. The United States of America —commonly referred to as the A senate is a Deliberative body, often the Upper house or chamber of a Legislature or Parliament. Arlen Specter (born February 12 1930) is the senior United States Senator from Pennsylvania and a member of the Republican Party Former President of the United States Bill Clinton was impeached by the House of Representatives on December 19, 1998 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. Perth (Peairt is a town and former Royal burgh in central Scotland. 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. Events 597 BC - Babylonians capture Jerusalem, replace Jehoiachin with Zedekiah as king 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

See also

• Legal systems of the world
• Roman Dutch law
• List of Leading Scottish Legal Cases
• English law (also applies to Wales)
• Contemporary Welsh Law (Wales' new legal powers)
• Northern Ireland law
• European Union Law
• List of Scottish topics
• Udal Law
• Feudal law

External links

• Scottish Court Service. Keele University is a research-intensive Campus university located near Newcastle-under-Lyme in Staffordshire, England. 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 the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Contemporary Welsh Law is a term applied to the body of primary and secondary Legislation generated by the National Assembly of Wales Northern Ireland law concerns the Legal system of Northern Ireland. The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union (EU This is a list of articles relating to Scotland. It does not include articles which are already properly listed within other articles included below such as towns and cities Udal law is a near-defunct Norse derived Legal system, which is found in Shetland and Orkney, Scotland and in Manx law Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed 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. Creative Commons licenses are several Copyright licenses released on December 16, 2002 by Creative Commons, a U
• 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. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively
• 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.

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