Lord President Of The Court Of Session
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Lord President Of The Court Of Session
The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ''ex officio'', as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015. They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862. Remit and jurisdiction Head of the judiciary As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of th ...
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Colin Sutherland, Lord Carloway
Colin John MacLean Sutherland, Lord Carloway (born 20 May 1954), is a Scottish advocate and judge who has served as the Lord President of the Court of Session and Lord Justice General since 2015. He was previously Lord Justice Clerk from 2012 to 2015 and has been a Senator of the College of Justice since 2000. Born in Falkirk, Carloway studied at the University of Edinburgh's Law School, where he earned a Bachelor of Laws. In 1977, he was admitted to the Faculty of Advocates and served as an Advocate Depute in the late 1980s. Before being nominated as a Judge in 2000, he served as the Treasurer of the Faculty of Advocates. As a Senator of the College of Justice he presided over the 2004 prosecution of gas transporter Transco and published the ''Carloway Review.'' In 2012, Lord Gill, who had served as the Lord Justice Clerk, was appointed the Lord President and Carloway succeeded him. Following the retirement of Gill, Carloway was nominated by First Minister Nicola Sturgeon to ...
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Scottish Land Court
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction covering disputes between landlords and tenants relating to agricultural tenancies, and matters related to crofts and crofters. The Scottish Land Court is both a trial court and an appeal court; hearings at first-instance are often heard by a Divisional Court of one of the Agricultural Members advised by the Principal Clerk. Decisions of the Divisional Court can be appealed to the Full Court, which will consist of at least one legally qualified judicial member and the remaining Agricultural Member. Some cases are heard at first-instance by the Full Court, and these cases may be appealed to the Inner House of the Court of Session. The Chairman of the Scottish Land Court is ranked as a Senator of the College of Justice, and is required to be meet the same eligibility criteria as a Senator.To be eligible for appointment as a senator a person must have served at least 5 years a ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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Earl Of Argyll
Earl () is a rank of the nobility in the United Kingdom. The title originates in the Old English word ''eorl'', meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form ''jarl'', and meant "chieftain", particularly a chieftain set to rule a territory in a king's stead. After the Norman Conquest, it became the equivalent of the continental count (in England in the earlier period, it was more akin to a duke; in Scotland, it assimilated the concept of mormaer). Alternative names for the rank equivalent to "earl" or "count" in the nobility structure are used in other countries, such as the ''hakushaku'' (伯爵) of the post-restoration Japanese Imperial era. In modern Britain, an earl is a member of the peerage, ranking below a marquess and above a viscount. A feminine form of ''earl'' never developed; instead, ''countess'' is used. Etymology The term ''earl'' has been compared to the name of the Heruli, and to runic ''erilaz''. Proto-Norse ''eri ...
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Justiciar
Justiciar is the English form of the medieval Latin term ''justiciarius'' or ''justitiarius'' ("man of justice", i.e. judge). During the Middle Ages in England, the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent to a modern Prime Minister of the United Kingdom, as the monarch's chief minister. Similar positions existed in continental Europe, particularly in Norman Italy and in the Carolingian Empire. A similar office was formed in Scotland, although there were usually two or three – the Justiciar of Scotia, the Justiciar of Lothian and, in the 13th century, the Justiciar of Galloway. These offices later evolved into a national one called Lord Justice-General. The modern title is Lord President of the Court of Session. The Justiciar of Ireland was an office established during the Anglo-Norman invasion of Ireland and was a key tool in its colonisation. Following the conquest of the Principality of Wales in the 13th century, the areas that becam ...
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Oath Of Allegiance (United Kingdom)
The Oath of Allegiance (Judicial or Official Oath) is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868. Variants of the basic oath of allegiance are also incorporated into a number of other oaths taken by certain individuals. Text The current standard oath of allegiance is set out from the Promissory Oaths Act 1868 in the following form: Under the Oaths Act 1888 (51 & 52 Vict. c.46), consolidated and repealed by the Oaths Act 1978, those who choose to may make a solemn affirmation instead of swearing an oath. Oaths of office, of allegiance, and judicial oath The Victorian promissory oaths of allegiances, are set out in the Promissory Oaths Act 1868 in the following form: *The original oath of allegiance as set out in the ...
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Lands Tribunal For Scotland
The Lands Tribunal for Scotland is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland. Although the statutory basis of the Lands Tribunal for Scotland was the Lands Tribunal Act 1949, the Tribunal itself was not actually created until 1971, as there was not considered a sufficient amount of work to be undertaken. The Conveyancing and Feudal Reform (Scotland) Act 1970 gave the Lands Tribunal new powers to discharge title conditions, which prompted its actual establishment in March 1971. The Tribunal is based in George House, on George Street in Edinburgh. History The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland. Although the sta ...
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Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as t ...
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Sheriff Appeal Court
The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court. The Sheriff Appeal Court was established for criminal appeals on 22 September 2015, as part of Lord Gill’s Scottish Civil Courts Reforms, to deal with criminal appeals. The bench, there is no jury, generally comprises two or three appeal sheriffs depending on the type of appeal to be considered. Bail hearings are presided over by a single appeal sheriff. The criminal court sits in the Justiciary Building in the Lawnmarket in Edinburgh. The court's jurisdiction was extended to civil appeals on 1 September 2016, before that date civil appeals were heard either by the sheriff principal for each sheriffdom or ...
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Outer House
The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House. Those appeals are made from the Sheriff court, the court of first instance for low value civil causes in the court system of Scotland. Judges in the Outer House are referred to as "Lord ame or "Lady ame, or as Lord Ordinary. They are drawn from the Senators of the College of Justice and they sit singly, sometimes with a jury of 12 in personal injury and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute. Some classes of cases, such as intellectual property disputes and exchequer causes, are heard by designated judges. Prior to 1856 the jurisdiction for exchequer causes was that of the Court of Exchequer, wh ...
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Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ...
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Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thr ...
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