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C) Scots law

 

Parliament House in Edinburgh is the seat of the Supreme Courts of Scotland.

Scots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources. Thus Scotland has a pluralistic, or 'mixed', legal system, comparable to that of South Africa, and, to a lesser degree, the partly codified pluralistic systems of Louisiana and Quebec. Since the Acts of Union, in 1707, it has shared a legislature with the rest of the United Kingdom. Scotland and England & Wales each retained fundamentally different legal systems, but the Union brought English influence on Scots law and vice versa. In recent years Scots law has also been affected by both European law under the Treaty of Rome and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998.

The chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases. The Supreme Court of the United Kingdom serves as the highest court of appeal for civil cases under Scots law, with leave to appeal from the Court of Session not required as a general rule. Sheriff courts deal with most civil and criminal cases including conducting criminal trials with a jury, known as sheriff solemn court, or with a sheriff and no jury, known as sheriff summary Court. The sheriff courts provide a local court service with 49 sheriff courts organized across six sheriffdoms. The Scots legal system is unique in having three possible verdicts for a criminal trial: "guilty", "not guilty" and " not proven ". Both "not guilty" and "not proven" result in an acquittal with no possibility of retrial.

The Cabinet Secretary for Justice is the member of the Scottish Government responsible for the police, the courts and criminal justice, and the Scottish Prison Service, which manages the prisons in Scotland. Though the level of recorded crime in 2007/08 has fallen to the lowest for 25 years, the prison population, at over 8,000, is hitting record levels and is well above design capacity.


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A) English law| Civil Courts

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