4356806
Description
Mind Map by Jennifer Ritchie, updated more than 1 year ago
|
Created by Jennifer Ritchie
over 10 years ago
|
|
Scot's Law -
Basics
- Two major families
- Scots law is a combination of
civil and common law
- Civil Law
- codes of law -
based on Roman
law codes e.g
Institutes of Gaius
i.e look up the
codes in a book
- codes of law -
based on Roman
law codes e.g
Institutes of Gaius
i.e look up the
codes in a book
- Common law
- Based on judicial
precedent - decisions
made by judges in
court. Fundimentally
the basis of English
legal system i.e look up
previous similar cases
and decision from
judges
- Based on judicial
precedent - decisions
made by judges in
court. Fundimentally
the basis of English
legal system i.e look up
previous similar cases
and decision from
judges
- Civil Law
- Scots law is a combination of
civil and common law
- Sources of
Scots Law
- Codes
- Judicial Precedent
- Legislation (statutes) -
European Union
Westminster Holyrood
- European Human Rights
Act (European Law)
- Institutional Writer
- Codes
- Structure of the legal system
- Justice of the Peace Courts
- Lay people as judges -
no legal background -
assisted by trained
legal clerk of court
- Always summary
- For cases such as
breach of the peace
or traffic offences
- Lay people as judges -
no legal background -
assisted by trained
legal clerk of court
- Sheriff Court
- Legal qualified judges (Sheriffs)
- More serious offences
- Either summary or
solemn
- Legal qualified judges (Sheriffs)
- High Court of Justiciary
- Large cases of rape,
murder or treason
- Always solemn
(summary in
appeals)
- Large cases of rape,
murder or treason
- Justice of the Peace Courts
- Procedures of court
- Summary
- Judges only, less
serious cases or
appeals
- Judges only, less
serious cases or
appeals
- Solumn
- Judge and jury of 15
- Judge and jury of 15
- Summary
- Scottish legal profession
- Solicitors
- GP's of law dealing with boring
stuff e.g buying and selling
houses, creating wills etc
- They can instruct accused
and can appear for clients
in JP and Sheriff courts
- Cannot appear in the High Court
- GP's of law dealing with boring
stuff e.g buying and selling
houses, creating wills etc
- Advocates
- Specially trained members - defence lawyers
- Members of the faculty of advocates
- May appear in any court but usually only the high court
- Specially trained members - defence lawyers
- Solicitor advocate
- May appear in the court in certain areas
- May appear in the court in certain areas
- Solicitors
- Who prosecutes crime in Scotland?
- The Crown Office Prosecutor Fiscal Service
- The Crown Office Prosecutor Fiscal Service
- Stages of a case being brought to court
- 1. The police will investigate the alleged crime and gather evidence
- 2. If they believe there is sufficient evidence to convict they
pass it to the prosecutor fiscal
- 3. The Prosecutor Fiscal will decide if:
- a) There is enough
evidence to convict
- b) It is in the public's best
interest to convict
- If she or he agrees to proceed:
c) In which court it will be heard
- a) There is enough
evidence to convict
- 3. The Prosecutor Fiscal will decide if:
- 2. If they believe there is sufficient evidence to convict they
pass it to the prosecutor fiscal
- 1. The police will investigate the alleged crime and gather evidence
Want to create your own Mind Maps for free with GoConqr? Learn more.