Scots Law Notes Scottish Legal System Notes
These notes have been personally made on my own and they are highly efficient and easy to read. They cover the whole of the Scottish Legal System module. They explain all the concepts in a clear manner and also highlight all the important cases to remember with their facts and principles....
The following is a more accessible plain text extract of the PDF sample above, taken from our Scottish Legal System Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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:
Pursuer
Defender
Petitioner
Reclaimer
Respondent
Decisions:
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:
Morison’s Dictionary (until 1801)
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
The Scottish Court System
The civil courts-
Phases of a case:
Catalyst:
Real world interactions which escalate and causes somebody to want to raise a court action
Examples: debt, divorce, custody, eviction, neighbourhood dispute
Direct catalysts: real life situation that forms the crimes (like assaults)
Indirect catalysts: other things leading up to the action (he did not like the wallpaper and realised that he didn’t love her and wanted to get a divorce)
Whether direct or indirect, the client will provide information that is or is not legally relevant, but it will all inform understanding of case and motivations behind the client and what they want
Getting into court:
documents to fill depending on what action is wanted to raise, sometimes be accompanied with physical appearances
The defender will be required to respond in paperwork
Some actions will have notice periods before getting into court which have to be fulfilled
Lines in the sand:
how the defender wants to respond: agree, disagree
Served with...
Buy the full version of these notes or essay plans and more in our Scottish Legal System Notes.
These notes have been personally made on my own and they are highly efficient and easy to read. They cover the whole of the Scottish Legal System module. They explain all the concepts in a clear manner and also highlight all the important cases to remember with their facts and principles....
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