Scots law
Legal system of Scotland
Scots law is the legal system of Scotland. It is a unique legal system with roots in Roman law, feudal law, and canon law, and it has been influenced by the common law tradition. Scots law is a mixed legal system, containing elements of both civil law and common law.
History
The development of Scots law can be traced back to the early medieval period. The legal system was significantly influenced by the Laws of the Brets and Scots, which were a set of customary laws. The Treaty of Union 1707 between Scotland and England led to the creation of the Kingdom of Great Britain, but Scots law remained distinct from English law.
Sources of Scots Law
The primary sources of Scots law are:
- Legislation: Acts of the Scottish Parliament and the UK Parliament.
- Common law: Judicial decisions and precedents.
- Institutional writers: Legal scholars whose works are considered authoritative.
- European Union law: Applicable until the Brexit transition period ended.
Court System
The court system in Scotland is divided into several levels:
- Supreme Courts of Scotland: The Court of Session and the High Court of Justiciary.
- Sheriff courts: Handle most civil and criminal cases.
- Justice of the Peace courts: Deal with minor criminal matters.
Legal Profession
The legal profession in Scotland is divided into two main branches:
- Advocates: Similar to barristers in England, they have rights of audience in the higher courts.
- Solicitors: Handle most legal work and have rights of audience in the lower courts.
Key Concepts
- Delict: The Scots law equivalent of tort in common law jurisdictions.
- Contract law: Governed by both common law principles and statutory provisions.
- Property law: Includes both heritable property (real estate) and moveable property (personal property).
Related Pages
- Scottish Parliament
- Court of Session
- High Court of Justiciary
- Sheriff courts
- Advocates
- Solicitors
- Delict
- Contract law
- Property law
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