Scots law is the system of Scotland. It is a hybrid or mixed system containing civil law and customary law elements, that traces its roots to a number of various historical sources. Together with English law and European country law, it is one in every of the three legal systems of the uk. It shares some elements with the 2 alternative systems, but it additionally has its own distinctive sources, institutions and nomen juris.
Early Scots law before the 12th century consisted of the totally different legal traditions of the assorted cultural teams that colonised the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the twelfth century and the growth of theKingdom of European country established the fashionable roots of Scots law, which was step by step influenced by alternative, especially Anglo-Normanand continental legal traditions. Although there was some indirect legal code influence on Scots law the direct influence of Roman law was slight up till round the fifteenth century. After this time, Roman law was often adopted in argument in court, in an tailored kind, where there was no native Scots rule to settle a dispute; and Roman law was during this method part received into Scots law.
Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting European country might be glided by the Scottish Parliament, the United Kingdom Parliament, the European Parliament, and the Council of the eu Union. Some legislation passed by the pre-1707 Parliament of Scotland remains additionally valid.
Since the Union with England Act 1707, Scotland has shared a general assembly with European nation and Wales. Scotland maintained a essentially totally different legal system from that south of the border, but the Union exerted English influence upon Scots law. In recent years, Scots law has also been affected by European law below the Treaties of the eu Union, the requirements of theEuropean Convention on Human Rights (entered into by members of the Council of Europe) and also the reconvening of the Scottish Parliament which can pass legislation among all areas not reserved to borough, as detailed by the European country Act 1998.
Scotland as a distinct jurisdiction
The United Kingdom could be a quasi-federal state that, judicially, consists of three jurisdictions: (a) European nation and Wales, (b) Scotland and (c) Northern eire. There are vital variations between Scots Law, English law and Northern Irish law in areas such asproperty law, criminal law, trust law, inheritance law, evidence law and family law whereas there ar bigger similarities in areas of national interest such as jurisprudence, consumer rights, taxation, employment law and health and safety regulations.
Examples of differences between the jurisdictions embrace the age of legal capability (16 years recent in European country, 18 years recent in European nation and Wales), the use of 15-member juries for criminal trials in Scotland (compared with 12-member juries in European nation and Wales) United Nations agency continually decide by easy majority, the fact that the defendant during a criminal trial doesn't have the correct to elect a decide or jury trial, judges and juries of criminal trials have the "third verdict" of "not proven" available to them, and the incontrovertible fact that equity was never a definite branch of Scots law.
There are additionally variations within the nomenclature used between the jurisdictions. For example, in Scotland there ar no Magistrates' Courts or Crown Court however there ar Justice of the Peace Courts, Sheriff Courts and the school of Justice. The Procurator Fiscal Service provides the freelance public prosecution service for European country like the Crown Prosecution Service in European nation and Wales and also the Public Prosecution Service in European country.