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Case Law And The Courts In Uk Notes

Scots Law Notes > Scottish Legal System Notes

This is an extract of our Case Law And The Courts In Uk document, which we sell as part of our Scottish Legal System Notes collection written by the top tier of The University Of Edinburgh students.

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I.

Case Law and the courts in UK

 Citations contain the court which the case was held in (UKSC, CSOH, CSIH,
SC)
 Scots Law Times (SLT)
 Parties:
o Pursuer

Defender

Petitioner

Reclaimer

Respondent
 Decisions:
o Dismiss

Affirm

Reverse

Overrule
 Declaratory theory that judges do not create the law, they discover it or simply identify the already-existing law
 Decisions made in one jurisdiction do not bind another jurisdiction
 Decisions made in higher courts bind those in lower courts
 Case reports:
o Morison's Dictionary (until 1801)
o Session Cases

Scots Law Times
 In civil courts, you will only get what you ask for, nothing more, by decision makers who make the decision based on what information is presented to them
 The defender will have prepared their case based on the parameters set by the pursuers in their document submissions

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