Introduction
It is relatively often that people can find it difficult to differentiate between the two main divisions of the Scottish legal system and fully understand their characteristics. This assignment will explore the key differences between criminal and civil law in Scotland by delivering insight into the complexities of the court systems, procedures and disputes considered in both branches of Scots Law.
The Basic Distinction
Civil law proceedings generally consist of disputes between two private individuals or organisations and 'are undertaken to obtain a civil remedy' as opposed to the parties resorting to violence.
Typically a case can be commenced when an individual, an organization, a company or a corporation files a complaint against another. The person filing the complaint is referred to as the 'pursuer' who is usually seeking some form of compensation and the party responding is called the 'defender' who is accused of breaking a civil law. A trial is then held to settle the dispute and a judge rules in favour of one of the two parties after sufficient evidence has been provided by either side. This process is called litigation.
In chapter 14 of 'Scots Law A Student Guide' By Nicole Busby et al, criminal law is defined as 'a body of rules designed to ensure the peaceful co-existence of citizens within the community'. In criminal law a dispute is raised by the state against the individual known as the 'accused'. The accused, as the name suggests, is alleged to have committed crimes against the state and society as a whole by breaking one or more laws. A trial is later held to review the evidence suggesting the individuals involvement. More often than not the accused will be represented by a solicitor,advocate o...
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...rates on hand. The maximum penalties that a Justice of the Peace can impose are either 60 days imprisonment or a fine of £2,500. The sheriff court deals with more serious offenses and can issue an unlimited fine as well as a maximum of 3 years imprisonment. The accused can face trial under either summary procedure or solumn procedure depending on the magnitude of the crime. Summary procedure means that only a judge will decided the outcome, whereas in solumn procedures a judge will determine issues of law and a jury will decide the outcome after it has determined the facts. The High Court of Justiciary is the superior criminal court in Scotland and deals with the most serious offences committed in society such as treason,rape and murder. Unlike it's civil equivalent, decisions the High Court of Justiciary makes are final and cannot be appealed to another court.
Just and equitable legal outcomes to evaluate the case include of many expectations that may be met, the outcome of the case was discovered by fair trial which includes correct punishment theories and procedures, Justice Roslyn Atkinson met these through the trial also making it equitable because the punishment theories were applied to the offender Brett Peter Cowan. Punishment options and procedures in Queensland met the current needs of the society throughout this
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
Civil law administers associations among individuals and a party who is wounded economically or physically by another individual or group can claim a charge in opposition to that unit. Conversely, criminal laws function below the conjecture that the society rather than a person, has been wronged by the defendant’s proce...
In any legal proceedings, whether adversarial or inquisitorial, witnesses must be called upon to prove the existence or non-existence of each parties’ assertions. There are two kinds of legal proceeding that can be instituted in a court of law; these are the criminal case which involved the state against an accused person and the civil case which a an individual sues another individual to recover damages, compensation, enforcement, restitution e.tc.
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
Legal codes in the judicial system is the key distinction between the civil law and common law tradition. It is the supreme source of justice in a society and is meant to provide the common good for a society. Whether or not a country is governed by a civil or common law code greatly influences the role of the judiciary system. Including the presence and role of judicial review. Given these points, civil law clashes with the theory of individualism, therefore this tradition could not work in the American system. Civil law is markedly inflexible because it is difficult to update common law to change with the times. Until relevant criminal charges are laid out or relevant civil action is initiated, there is not an opportunity for these laws and precedents to be changed.
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal Courts: Structure, process, and
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.