Civil Criminal Law
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There are two main branches of Scots law: Civil and Criminal. In this report I will thoroughly examine both of these branches looking into the different aspects and courts of each one.
CIVIL LAW
There are three different courts within the civil legal system, the sheriff court, the Court of Session and the House of Lords.
Civil cases are put before a judge who will hear the legal argument and examine the evidence from all the parties involved and then make his final decision based on the "balance of probabilities" meaning that the case the is more probable will succeed. Ruling on a matter will be sought from the European Court of Justice where a case involves the interpretation or validity of EU Law. Once that ruling has been made, the domestic court will apply it to the facts of the case and make a decision.
1) The Sheriff Court
i) The Sheriff Court deals with both civil and criminal cases. It is essentially a local court and is divided into six sheriffdoms. A Sheriff Principal, who in turn is assisted by approximately 15 sheriffs, heads each sheriffdom. The Sheriff Principal is a full time judge and also administers the work of the sheriffdoms...