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Scots Law Notes Scottish Legal System Notes

Case Law And The Courts In Uk Notes

Updated Case Law And The Courts In Uk Notes

Scottish Legal System Notes

Scottish Legal System

Approximately 57 pages

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:

  1. 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:

  1. 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

  1. 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

  1. 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.