The Sheriff Appeal Court (Civil): The Scottish Legal System
The Sheriff Appeal Court (Civil) The Scottish Legal System is based on a foundation of the strong and distinctive heritage of Scotland. It is certainly an intricate system of legal practises and institutions that revolve around Scotland’s rich and diverse background. Within the Scottish Legal System involves a vast range of courts that serve specific purposes according to specific cases - courts of which are established all around the country. Examples of these courts are: ‘Justice of the Peace Court’, ‘The Supreme Civil Court’, ‘The High Court of Justiciary’, ‘The Sheriff Court’, etc. The court that this essay will focus more into detail is ‘The Sheriff Appeal Court (civil)’, however before this was established, existed only just …show more content…
The Sheriff Appeal court finally became effective seven years later of the ‘Scottish Civil Justice Review, 2009’ came out. The purpose of the Sheriff Appeal Court is to essentially enhancing efficiency by removing a significant amount of legal proceedings from the local courts (Mark Hastings, 2015). The Sheriff Appeal Court can be further divided into two separate courts, the ‘Sheriff Appeal Court (civil)’ and the ‘Sheriff Appeal Court (criminal)’ - which clearly deal with different types cases and laws. Civil cases may also be referred to as ‘non-criminal’ cases that are essentially private in nature such as domestic/family matters, contractual disputes, etc. Now that the Sheriff Appeal Court (civil) exists, all cases that have already completed it’s legal process from the Sheriff Court can be further appealed by a bench of three sheriffs, chaired by the sheriff principle of the given sheriffdom. All civil appeals go to the Sheriff Appeal Court at first instance, except in cases where the court grants direct appeal to the inner house of the ‘Court of Session’ - this usually refers to cases that deal with specialised pieces of legislation (https://beta.gov.scot/). In most cases, appeals can be made to the Sheriff Appeal Court without the need of a sheriff hearing the case - on the other hand certain decisions made by sheriffs can only be appealed with permission of the sheriff. Furthermore, if an second appeal was to be made then permission is required from the sheriff from the given Sheriff Appeal Court or in certain cases, permission of the Court of session. Ensuring that these appeal cases can be dealt with an appropriate level with respect to the value of the case, and also by avoiding claims
What Is R V Lopez Case Brief
1757 Words | 8 PagesRole of the Courts Firstly, the coroner’s court investigated the deaths of the accused’s family. The case was then heard in the local court. Due to the fact that the case was an indictable offence, the local court could not finalise the verdict. Therefore, the local court conducted a committal hearing, where the magistrate was to determine whether the prosecution evidence is capable of satisfying a jury, beyond a reasonable doubt, that the accused committed the offence.
Comparing Michigan's Judicial System
2120 Words | 9 PagesThere are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
Racial Profiling Case: The Lloyd Rayney Case
852 Words | 4 PagesOn the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.
Mercy Disborough Case
583 Words | 3 PagesAlthough she ended up spending months in jail, the arguments against her conviction on the legal terms of a change in jury member were not only heard out, but accepted, resulting in her freedom. (122). Although she faced unideal consequences under the law, as the jail time and fear of execution were certainly detrimental, they were far less severe than those that would have been expected. Compared to other women accused in other areas, Disborough’s legal consequences were notably light. She did, however, face more harsh consequences from her peers and fellow citizens.
Dual Court System
635 Words | 3 PagesThe court structure in the United States is comprised of a dual court system. The dual court system consists of “one system of state and local courts and another system of federal courts” (Bohm & Haley, 2011, p. 274). Although the system has a separate court system for state and federal court, they do connect in the United States Supreme Court. Each court has various levels of jurisdiction to hear and make decisions over cases (Bohm & Haley, 2011).
Summary Of Gerald Rosenberg's Book 'The Hollow Hope'
710 Words | 3 PagesAlex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
Texas Judges
1450 Words | 6 Pagesand have practiced law as a lawyer, judge, or some combination there for at least four years. Responsibilities include, original jurisdiction in civil actions over $200 or $500, divorce, title to land, contested elections, and contested probate matters. Original jurisdiction in felony criminal matters. The sensitive matter juvenile and 13 district courts are named criminal district court, some others directed to give preference to certain specialized areas. Although the cases in the District Court are more sensitive and lengthier I still believe this court should be elected.
The Constrained Court
429 Words | 2 PagesCourts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.
Three Levels Of The Federal Courts Essay
492 Words | 2 PagesGoing up from there are the circuit courts, the district courts of appeal, and the supreme court. There are 67 county courts, one in each county. These courts are of limited jurisdiction and deal with only minor offenses. The circuit courts are the states courts of original jurisdiction and are courts of record. They also hear appeals from the county courts.
Explain The Three Branches Of The Texas Constitution
807 Words | 4 PagesIn the state of Texas there are two courts of final appeal. The highest court for civil matters is the nine member Texas Supreme Court. The nine member Texas Court Criminal Appeals is for criminal matters. The number and variety of courts are confusing to the average citizen. The judges in these courts have only general qualifications who need not be lawyers and these judges are selected in a partisan election, which is a general election where the candidates are nominated by the political parties and their respective party labels appear on the ballot.
Jury Trial Should Be Abolished Essay
1213 Words | 5 Pages5 Legislationgovuk, 'Article 6 ' (Human Rights Act 1998, 09/11/1998) accessed 27 September 2016 Scottish courts and tribunals service, 'Https://wwwscotcourtsgovuk/docs/default-source/coming-to-court/jurors/guidetojuryserviceeligibilitypdf?sfvrsn=6 ' (Guide to jury service Eligibility and Applying fot excusal, 1974) accessed 27 September 2016 Christopher H. smith, Human Rights in Northern Ireland: Congressional Hearing (DIANE Publishing, 1999) 142 Jennifer Currer and Peter Smith, AQA Law AS: Student 's Book Paperback (Nelson Thornes; New edition 2008) Kronlid [1996] AC 541 (CA) Alisdair gillespie and Siobhan weare, The English Legal System (Oxford University
The Canadian Judicial System
1155 Words | 5 PagesThis consists of the Governor General acting on the advice of the Prime Minister for judges of the Supreme Court of Canada and chief and associate chief justices in the provinces; and on the advice of the Minister of Justice for all other superior court judges. (Justice.gc.ca,
Trial By Jury Advantages And Disadvantages
1472 Words | 6 PagesThis essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,
Advantages And Disadvantages Of The Common Law System
1268 Words | 6 Pages[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
More about The Sheriff Appeal Court (Civil): The Scottish Legal System
Legal Studies: The Court Case Of Vickie Lee Roach
1020 Words | 5 PagesWhat Is R V Lopez Case Brief
1757 Words | 8 PagesComparing Michigan's Judicial System
2120 Words | 9 PagesRacial Profiling Case: The Lloyd Rayney Case
852 Words | 4 PagesMercy Disborough Case
583 Words | 3 PagesDual Court System
635 Words | 3 PagesSummary Of Gerald Rosenberg's Book 'The Hollow Hope'
710 Words | 3 PagesTexas Judges
1450 Words | 6 PagesThe Constrained Court
429 Words | 2 PagesThree Levels Of The Federal Courts Essay
492 Words | 2 PagesExplain The Three Branches Of The Texas Constitution
807 Words | 4 PagesJury Trial Should Be Abolished Essay
1213 Words | 5 PagesThe Canadian Judicial System
1155 Words | 5 PagesTrial By Jury Advantages And Disadvantages
1472 Words | 6 PagesAdvantages And Disadvantages Of The Common Law System
1268 Words | 6 Pages