Podcast
Questions and Answers
What type of jurisdiction do Sheriffs in the Scottish court system possess?
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?
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?
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?
Which of the following statements is true regarding the UK Supreme Court in relation to criminal appeals?
What significant change was established by the Criminal Proceedings (Reform) (Scotland) Act 2007?
What significant change was established by the Criminal Proceedings (Reform) (Scotland) Act 2007?
What is the main focus of civil court proceedings?
What is the main focus of civil court proceedings?
What standard of proof is used in criminal court cases?
What standard of proof is used in criminal court cases?
Which of the following is NOT a remedy that a civil court can provide?
Which of the following is NOT a remedy that a civil court can provide?
What significant reform was introduced by the Courts Reform (Scotland) Act 2014?
What significant reform was introduced by the Courts Reform (Scotland) Act 2014?
Who is responsible for the organization and efficient running of a Sheriffdom?
Who is responsible for the organization and efficient running of a Sheriffdom?
What type of cases do Summary Sheriffs primarily handle?
What type of cases do Summary Sheriffs primarily handle?
Which court structure appeals from the Sheriff Court?
Which court structure appeals from the Sheriff Court?
Which of the following represents a criminal jurisdiction in court proceedings?
Which of the following represents a criminal jurisdiction in court proceedings?
What Act was established to examine civil justice reform in Scotland?
What Act was established to examine civil justice reform in Scotland?
Which of the following is a potential punishment in criminal court?
Which of the following is a potential punishment in criminal court?
What is the maximum sentencing power of a Sheriff in the context of solemn procedures?
What is the maximum sentencing power of a Sheriff in the context of solemn procedures?
Which court primarily deals with summary offences in Scotland?
Which court primarily deals with summary offences in Scotland?
To which court do appeals from summary offences in the Sheriff Court go?
To which court do appeals from summary offences in the Sheriff Court go?
Which of the following is NOT a characteristic of the High Court of Justiciary?
Which of the following is NOT a characteristic of the High Court of Justiciary?
What is the role of the Procurator Fiscal in the Sheriff Court?
What is the role of the Procurator Fiscal in the Sheriff Court?
What does the Sheriff Appeal Court specifically handle?
What does the Sheriff Appeal Court specifically handle?
Which statement correctly describes the composition of the High Court of Justiciary when hearing appeals?
Which statement correctly describes the composition of the High Court of Justiciary when hearing appeals?
What is the inherent power of the High Court of Justiciary known as?
What is the inherent power of the High Court of Justiciary known as?
What is the primary function of the European Court of Human Rights (ECtHR)?
What is the primary function of the European Court of Human Rights (ECtHR)?
Which court requires that applicants have exhausted local remedies before hearing cases from UK nationals?
Which court requires that applicants have exhausted local remedies before hearing cases from UK nationals?
What type of law does the Court of Justice of the European Union (CJEU) primarily address?
What type of law does the Court of Justice of the European Union (CJEU) primarily address?
What is the significance of the International Court of Justice (ICJ)?
What is the significance of the International Court of Justice (ICJ)?
Which of the following is NOT a characteristic of the International Criminal Court (ICC)?
Which of the following is NOT a characteristic of the International Criminal Court (ICC)?
What function do the Kirk Session and the General Assembly fulfill within the Scottish legal system?
What function do the Kirk Session and the General Assembly fulfill within the Scottish legal system?
Which of the following statements about the CJEU is correct?
Which of the following statements about the CJEU is correct?
Which court deals with matters related to heraldry in Scotland?
Which court deals with matters related to heraldry in Scotland?
What is the new limit for actions raised in the Sheriff Court as stated in the Act?
What is the new limit for actions raised in the Sheriff Court as stated in the Act?
What procedural change was made to replace small claims and summary cause procedures?
What procedural change was made to replace small claims and summary cause procedures?
Who is empowered to assist parties in the Simple Procedure?
Who is empowered to assist parties in the Simple Procedure?
What types of personal injury actions fall under the jurisdiction of the Sheriff Personal Injury Court?
What types of personal injury actions fall under the jurisdiction of the Sheriff Personal Injury Court?
What establishes the binding nature of decisions made by the Sheriff Appeal Court?
What establishes the binding nature of decisions made by the Sheriff Appeal Court?
What is one requirement for appealing from the Sheriff Appeal Court to the Court of Session?
What is one requirement for appealing from the Sheriff Appeal Court to the Court of Session?
What type of jurors can be employed for personal injury cases in Scotland?
What type of jurors can be employed for personal injury cases in Scotland?
What is one of the functions of the Sheriff Appeal Court?
What is one of the functions of the Sheriff Appeal Court?
Which court has jurisdiction over minor crimes in the criminal justice system?
Which court has jurisdiction over minor crimes in the criminal justice system?
Where does the Court of Session sit?
Where does the Court of Session sit?
What was one of the primary goals of introducing the Sheriff Personal Injury Court?
What was one of the primary goals of introducing the Sheriff Personal Injury Court?
What is the appeal structure from the Sheriff Court to the Sheriff Appeal Court?
What is the appeal structure from the Sheriff Court to the Sheriff Appeal Court?
What type of approach does the Simple Procedure encourage among parties?
What type of approach does the Simple Procedure encourage among parties?
What types of actions must be raised in the Sheriff Court, barring exceptional circumstances?
What types of actions must be raised in the Sheriff Court, barring exceptional circumstances?
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.
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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.
