Scots law

Scots law
source
Name	Scots law
Type	Mixed legal system
Influenced by	Roman law, Feudal law, Canon law, English common law
Courts	Court of Session, High Court of Justiciary, Sheriff court, Justice of the Peace Court
Legislature	Parliament of the United Kingdom, Scottish Parliament
Judicial appointment	Judicial Appointments Board for Scotland

Scots law. The legal system of Scotland, it is a distinctive mixed legal system with foundations in both civil law and common law traditions. Its development has been shaped by historical sources including Roman law, native Celtic customs, and Feudal law, creating a unique jurisprudence within the United Kingdom. The system is administered through its own courts, such as the Court of Session and the High Court of Justiciary, and its modern sources include legislation from the Parliament of the United Kingdom and the devolved Scottish Parliament.

History and origins

The early foundations were influenced by Celtic and Pictish customs, with significant transformation following the introduction of Feudal law by the Davidian Revolution. The later medieval period saw the profound reception of Roman law and Canon law, facilitated by scholars trained on the continent, particularly at universities like the University of Bologna. Key institutional developments included the establishment of the College of Justice and the Court of Session in the sixteenth century, which began to systematize legal principles. The Union of the Crowns and subsequent Acts of Union 1707 preserved its separate identity, though it increasingly interacted with English law, especially after the appellate jurisdiction of the House of Lords was confirmed in cases like *Greenshields v Magistrates of Edinburgh*.

Sources of law

The primary sources are legislation and judicial precedent. Legislation originates from the Parliament of the United Kingdom on reserved matters and the Scottish Parliament on devolved issues, with significant historical statutes like the Requirements of Writing (Scotland) Act 1995. Judicial precedent from the superior courts, particularly the Court of Session and the High Court of Justiciary, is binding, though the Supreme Court of the United Kingdom now hears civil appeals. Foundational authoritative writings, known as Institutional writers, such as those by Viscount Stair and George Bell, retain high persuasive authority. Other sources include custom and specific treatises like the *Regiam Majestatem*, alongside principles of equity integrated directly into the common law.

Legal institutions and courts

The supreme civil court is the Court of Session, located in Parliament House, which is divided into the Inner House and the Outer House. The supreme criminal court is the High Court of Justiciary, which exercises exclusive jurisdiction over serious crimes and acts as the final court of criminal appeal. The extensive network of Sheriff courts handles the vast majority of civil and criminal cases, organized under six Sheriffdoms. Lesser criminal matters are dealt with by the Justice of the Peace Court. The Scottish Courts and Tribunals Service administers the system, while the Lord Advocate heads the Crown Office and Procurator Fiscal Service, which is responsible for prosecution. The Scottish Land Court handles specialized agricultural disputes.

Substantive law

The law of obligations comprises delict, providing remedies for civil wrongs akin to tort, and the law of contract, which requires consensus and has distinct rules on error and lesion. The law of property is characterized by a system of land registration and the concept of divided ownership, with significant statutes including the Abolition of Feudal Tenure etc. (Scotland) Act 2000. In criminal law, the classification of crimes into common law offences and statutory crimes is maintained, with a general requirement for Mens rea and Actus reus. Family law covers areas like divorce, child custody, and the legal effects of marriage and civil partnership.

Legal profession and education

The legal profession is divided into two main branches: Advocates, who have rights of audience in the higher courts and are members of the Faculty of Advocates, and Solicitors, who are regulated by the Law Society of Scotland and typically instruct advocates. Solicitors may also gain extended rights of audience as Solicitor advocates. Legal education typically involves obtaining an LL.B. degree from a Scottish university, such as the University of Edinburgh or the University of Glasgow, followed by the Diploma in Professional Legal Practice and a traineeship. Prospective advocates must also undertake a period of devilling under an experienced member of the Faculty of Advocates.

Relationship with other legal systems

It exists within the political union of the United Kingdom, sharing the ultimate appellate court, the Supreme Court of the United Kingdom, for civil matters, though not for criminal appeals. It has influenced and been influenced by other mixed systems, notably the law of South Africa, Louisiana, and Quebec. European law, particularly through the former membership in the European Union, had a significant impact, as seen through the jurisdiction of the Court of Justice of the European Union. Its distinct character was a key factor in the devolution settlements established by the Scotland Act 1998, which created the modern Scottish Parliament and Scottish Government.

Category:Scots law Category:Legal systems