Courts in Scotland and Northern Ireland

Criminal cases in Scotland are heard in District Courts by members of the public called lay justice. More serious cases go to regional sheriff court and are heard by the sheriff and a jury. Juries in Scotland can give a verdict of guilty or not guilty, or decide that a case is not proven. This verdict is given when there is not sufficient evidence to convict the accused but when it is probable that he or she is guilty. Appeals go to the High Court of Justice in Edinburgh.

Civil cases begin in the sheriff court and may go on appeal to the Court of Session. This is divided into two Houses. The Inner House hears appeals from the sheriff courts, while the Outer House hears cases that were too serious to go to the sheriff court. In Northern Ireland minor cases are heard by magistrates. County Courts hear most civil cases and Crown Courts most serious criminal cases. They also act as courts of appeal from the Magistrates' Courts. The highest court in Northern Ireland is the Supreme Court of Judicature.

The legal profession

A person who needs legal advice usually goes to see a solicitor. Solicitor may represent their clients in Magistrates' Courts and since 1994 in the higher courts. However, solicitors often use barristers to represent their clients in the higher courts. Barristers are lawyers who have received special training and who have been called to the Bar. They are not allowed to deal directly with the public and can only talk to their client if a solicitor is present. In court they wear a white curly wig and black robes. The most respected barristers hold the title Queen's Counsel. Barristers are called advocates in Scotland, and a solicitor or barrister represents a client in the English or Welsh courts is now often referred to as an advocate.

After many years in the courts barristers may be appointed as judges. Judges wear a white wig and red robes in court. They are highly paid and are sometimes accused of being remote from the rest of society.

The legal system in the US

The judicial system is one of the three branches of the US federal government. But the legal system operates at many levels, since as well as federal courts there are state, county and city courts.

The courts

Each type of court has its own jurisdiction, i.e. it deals with certain kinds of cases. Some courts hear only criminal cases. Other courts are for civil cases, in which two people disagree over something. Cases are first heard in trial courts. The person accused in acriminal trial, and both sides involved in a civil trial, have the right to appeal against the court's decision, and if they do the case goes to a court of appeals.

Some trial courts have limited jurisdiction. Many states, for example, have family courts where people get divorced, and small claims courts which hear cases involving small sums of money. States have trial courts of general jurisdiction which can hear a wider range of cases. These are often called courts of common pleas. State courts of appeals are called superior courts or district courts, and most states have a supreme court. This is the highest court in the state and hears only the most serious appeals. States have their own criminal code, but some crimes are federal offences, i.e. against federal law. Crimes may fall under federal jurisdiction if more than one state is involved, e.g. if cars are stolen in one state and then sold in another. The highest court is the Supreme Court in Washington, DC, which can hear almost any case on appeal. In fact, it hears only those cases that involve an important principle. When the Supreme Court decides such a case, it sets a precedent which lower courts will use to decide similar cases.

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