Scottish Court System Overview
45 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What type of jurisdiction do Sheriffs in the Scottish court system possess?

  • Only civil jurisdiction
  • Only criminal jurisdiction
  • Both civil and criminal jurisdiction (correct)
  • Limited jurisdiction solely on family law

    • Which court is primarily responsible for dealing with minor crimes such as breaches of the peace?

  • Sheriff Appeal Court
  • Sheriff Court
  • High Court of Justiciary
  • Justice of the Peace Court (correct)

    • Which judges become Lords Commissioners of Justiciary when hearing criminal matters?

  • High Court judges
  • Senators of the College of Justice (correct)
  • Justices of the Peace
  • Sheriffs

    • Which of the following statements is true regarding the UK Supreme Court in relation to criminal appeals?

    <p>It is not a criminal appeal court, but addresses devolution issues</p> Signup and view all the answers

    What significant change was established by the Criminal Proceedings (Reform) (Scotland) Act 2007?

    <p>Creation of the Justice of the Peace Court</p> Signup and view all the answers

    What is the main focus of civil court proceedings?

    <p>Seeking remedies for disputes</p> Signup and view all the answers

    What standard of proof is used in criminal court cases?

    <p>Beyond reasonable doubt</p> Signup and view all the answers

    Which of the following is NOT a remedy that a civil court can provide?

    <p>Fine</p> Signup and view all the answers

    What significant reform was introduced by the Courts Reform (Scotland) Act 2014?

    <p>Creation of Summary Sheriffs</p> Signup and view all the answers

    Who is responsible for the organization and efficient running of a Sheriffdom?

    <p>The Sheriff Principal</p> Signup and view all the answers

    What type of cases do Summary Sheriffs primarily handle?

    <p>Less complex civil and criminal cases</p> Signup and view all the answers

    Which court structure appeals from the Sheriff Court?

    <p>Sheriff Appeal Court</p> Signup and view all the answers

    Which of the following represents a criminal jurisdiction in court proceedings?

    <p>HMA or PF v Accused</p> Signup and view all the answers

    What Act was established to examine civil justice reform in Scotland?

    <p>Gill Review 2009</p> Signup and view all the answers

    Which of the following is a potential punishment in criminal court?

    <p>Community Payback order</p> Signup and view all the answers

    What is the maximum sentencing power of a Sheriff in the context of solemn procedures?

    <p>5 years imprisonment or an unlimited fine</p> Signup and view all the answers

    Which court primarily deals with summary offences in Scotland?

    <p>Sheriff Court</p> Signup and view all the answers

    To which court do appeals from summary offences in the Sheriff Court go?

    <p>Sheriff Appeal Court</p> Signup and view all the answers

    Which of the following is NOT a characteristic of the High Court of Justiciary?

    <p>It sits only in Edinburgh with no circuit trials</p> Signup and view all the answers

    What is the role of the Procurator Fiscal in the Sheriff Court?

    <p>To determine the mode of trial as summary or solemn</p> Signup and view all the answers

    What does the Sheriff Appeal Court specifically handle?

    <p>Summary offence appeals from the Sheriff Court and Justice of Peace Court</p> Signup and view all the answers

    Which statement correctly describes the composition of the High Court of Justiciary when hearing appeals?

    <p>It usually sits with three judges but can have more if needed</p> Signup and view all the answers

    What is the inherent power of the High Court of Justiciary known as?

    <p>Declaratory power</p> Signup and view all the answers

    What is the primary function of the European Court of Human Rights (ECtHR)?

    <p>To deal with human rights issues</p> Signup and view all the answers

    Which court requires that applicants have exhausted local remedies before hearing cases from UK nationals?

    <p>European Court of Human Rights</p> Signup and view all the answers

    What type of law does the Court of Justice of the European Union (CJEU) primarily address?

    <p>EU free movement law</p> Signup and view all the answers

    What is the significance of the International Court of Justice (ICJ)?

    <p>It resolves inter-state disputes</p> Signup and view all the answers

    Which of the following is NOT a characteristic of the International Criminal Court (ICC)?

    <p>It is a part of the United Nations</p> Signup and view all the answers

    What function do the Kirk Session and the General Assembly fulfill within the Scottish legal system?

    <p>They run courts for church discipline matters</p> Signup and view all the answers

    Which of the following statements about the CJEU is correct?

    <p>It gives judgments affecting all EU Member States</p> Signup and view all the answers

    Which court deals with matters related to heraldry in Scotland?

    <p>Lord Lyon King of Arms</p> Signup and view all the answers

    What is the new limit for actions raised in the Sheriff Court as stated in the Act?

    <p>£100,000</p> Signup and view all the answers

    What procedural change was made to replace small claims and summary cause procedures?

    <p>Simple Procedure</p> Signup and view all the answers

    Who is empowered to assist parties in the Simple Procedure?

    <p>Sheriff</p> Signup and view all the answers

    What types of personal injury actions fall under the jurisdiction of the Sheriff Personal Injury Court?

    <p>Over £5,000 and workplace actions above £1,000</p> Signup and view all the answers

    What establishes the binding nature of decisions made by the Sheriff Appeal Court?

    <p>S48 of the Courts Reform (Sc) Act 2014</p> Signup and view all the answers

    What is one requirement for appealing from the Sheriff Appeal Court to the Court of Session?

    <p>Permission of the Sheriff Appeal Court</p> Signup and view all the answers

    What type of jurors can be employed for personal injury cases in Scotland?

    <p>12 jurors</p> Signup and view all the answers

    What is one of the functions of the Sheriff Appeal Court?

    <p>To hear civil and criminal appeals</p> Signup and view all the answers

    Which court has jurisdiction over minor crimes in the criminal justice system?

    <p>Justice of the Peace/District Court</p> Signup and view all the answers

    Where does the Court of Session sit?

    <p>Edinburgh</p> Signup and view all the answers

    What was one of the primary goals of introducing the Sheriff Personal Injury Court?

    <p>To specialize in personal injury cases</p> Signup and view all the answers

    What is the appeal structure from the Sheriff Court to the Sheriff Appeal Court?

    <p>Appeals do not require permission</p> Signup and view all the answers

    What type of approach does the Simple Procedure encourage among parties?

    <p>Interventionist and problem-solving</p> Signup and view all the answers

    What types of actions must be raised in the Sheriff Court, barring exceptional circumstances?

    <p>Claims up to £100,000</p> Signup and view all the answers

    Study Notes

    Scottish Court System

    • The Scottish Court System is made up of two distinct but interconnected systems, the civil and criminal courts.
    • Sheriffs have both civil and criminal jurisdiction.
    • The most senior judges, Senators of the College of Justice (Court of Session) become Lords Commissioners of Justiciary when hearing criminal matters in the High Court.

    Civil Courts

    • Civil courts deal with disputes between individuals, organisations, and the state.
    • The standard of proof in civil cases is "on the balance of probabilities."
    • The Court of Session is the highest civil court in Scotland.
    • The Court of Session has two divisions: the Outer House and the Inner House.
    • The Outer House is the first-instance court and the Inner House is the appeal court.
    • The Sheriff Court is the lower civil court in Scotland.
    • The Sheriff Court Structure is divided into six sheriffdoms, each headed by a Sheriff Principal.
    • The Sheriff Court has jurisdiction over civil claims up to £100,000.
    • The Sheriff Court introduced a new “Simple Procedure” for actions not exceeding £5,000.

    Criminal Courts

    • The High Court of Justiciary is the highest criminal court in Scotland.
    • The High Court of Justiciary has two divisions: the High Court of Justiciary as a first instance court, and the High Court of Justiciary as an appellate court.
    • The High Court of Justiciary as a first instance court tries the most serious crimes - treason, murder, and rape.
    • The High Court of Justiciary as an appellate court hears appeals from the Sheriff Court and the High Court of Justiciary.

    Sheriff Court

    • The Sheriff Court has both civil and criminal jurisdiction.
    • The Sheriff Court has summary and solemn jurisdiction.
    • Summary proceedings are dealt with by new Summary Sheriffs who sit alone.
    • Solemn proceedings are dealt with by a Sheriff and a jury of 15.

    Justice of the Peace Court

    • The Justice of the Peace Court deals with minor crimes such as breaches of the peace, and other statutory crimes.
    • JPs are lay justices and are assisted by a legal assessor who is a solicitor.
    • Appeals from the Justice of the Peace Court go to the Sheriff Appeal Court.

    Sheriff Appeal Court

    • The Sheriff Appeal Court hears appeals from the Justice of the Peace Court and the Sheriff Court (summary offences only).
    • The decisions of the Sheriff Appeal Court are binding on all Sheriff Courts in Scotland.

    Other Courts

    • The Scottish Land Court focuses on crofting and small landholding.
    • The Scottish Court of Session subsumed most courts of special jurisdiction, such as the Court of Exchequer.
    • The Church of Scotland still runs its own courts for matters concerning church doctrine and discipline.

    Appeals

    • Appeals from the Sheriff Court in civil matters go to the Sheriff Appeal Court.
    • Appeals from the Sheriff Appeal Court in civil matters can go to the Court of Session (Inner House).
    • Appeals from the Sheriff Court in criminal matters go to the High Court of Justiciary.
    • Appeals from the High Court of Justiciary in criminal matters can go to the UK Supreme Court (compatibility issues only).

    International Courts

    • The European Court of Human Rights can hear cases from UK nationals in Strasbourg.
    • The European Court of Justice is the court of the European Union, based in Luxembourg.
    • The International Court of Justice (ICJ) is a United Nations body, based in The Hague.
    • The International Criminal Court (ICC) is an independent international organization, and is not part of the United Nations system.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    LL1000 Topic 6 Courts and Court Structure PDF

    Description

    Explore the complex structure of the Scottish Court System, which includes both civil and criminal jurisdictions. Learn about the roles of Sheriffs and the hierarchies within civil courts, particularly the Court of Session and Sheriff Court. This quiz will test your understanding of how these courts operate and their functions in the legal landscape of Scotland.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser