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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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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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Supreme Courts Of Scotland
The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, and the Auditor of the Court of Session. Its associated bodies are the Faculty of Advocates, the Society of Writers to Her Majesty's Signet and the Society of Solicitors in the Supreme Courts of Scotland. The College is headed by the Lord President of the Court of Session, who also holds the title of Lord Justice General in relation to the High Court of Justiciary, and judges of the Court of Session and High Court are titled Senators of the College of Justice. History The College was founded in 1532 by King James V following a bull issued by Pope Clement VII on 15 September 1531. It provided for 10,000 gold ducats to be contributed by the Scottish bishoprics and monastic institutions for the maintenance of its members, one half of whom wou ...
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Senator Of The College Of Justice
The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); Lords Commissioners of Justiciary (judges of the High Court of Justiciary); and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term ''Senator'' is almost exclusively used in referring to the judges of these courts. Senators of the college use the title ''Lord'' or ''Lady'' along with a surname or a territorial name. Note, however, that some senators have a peerage title, which would be used instead of the senatorial title. All senators of the college have the honorific, ''The Honourable'', before their titles, while those who are also privy counsellors or peers have the honorific, ''The Right Honourable''. Senators are made pr ...
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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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Party (law)
A party is an individual or group of individuals that compose a single entity which can be identified as one for the purposes of the law. Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nigeria and some other countries t ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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Brian Gill, Lord Gill
Brian Gill, Lord Gill, (born 25 February 1942) is a retired Scottish judge and legal academic. He served as Lord President and Lord Justice General from June 2012 until May 2015. Gill previously served as Lord Justice Clerk from 2001 to 2012, and as Chairman of the Scottish Law Commission from 1996 to 2001. As an advocate, he practised principally in agricultural law and is the author of ''The Law of Agricultural Holdings in Scotland''. In 2007–2009, Gill undertook a far-reaching review of the civil courts system in Scotland, recommending a shift of much of the workload of the Court of Session to Scotland's local sheriff courts. Education Gill was born in Glasgow and educated at St Aloysius' College, an independent Jesuit school in the city. He studied at the School of Law of the University of Glasgow (M.A., LL.B.), where he was a member of the Glasgow University Union and Dialectic Society, and at Edinburgh where he gained his PhD in 1975 and lectured in the Faculty of Law ...
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Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. Originally ''clericus justiciarie'' or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk Register, the status of the office increased over time and the Justice-Clerk came to claim a seat on the Bench by practice and custom. This was recognised by the Privy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of the reformed High Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of his or her time being spent dealing with civil and criminal appeals. The Lord Justice Clerk has the title in both the Court of Session and the High Court of Justiciary and, as ''President of the Second Division of the Inner House'', is in charge of the Second Division of Judges of the Inner House of the Court of S ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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Sheriffdom
A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a resident or floating sheriff (a legally qualified judge). Sheriffs principal and resident or floating sheriffs are all members of the judiciary of Scotland. History Before 1975 Sheriffdoms were originally identical to the shires of Scotland, originating in the twelfth century. Until the eighteenth century the office of sheriff was often hereditary, but this was ended following the unsuccessful Jacobite Rising of 1745. The Heritable Jurisdictions Act 1747 revested the government of the shires in the Crown, compensating those office holders who were displaced. The Sheriffs (Scotland) Act 1747 reduced the office of sheriff principal to a largely ceremonial one, with a sheriff depute or sheriff substitute appointed to each "county, shire or ...
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Lawnmarket
The Royal Mile () is a succession of streets forming the main thoroughfare of the Old Town of the city of Edinburgh in Scotland. The term was first used descriptively in W. M. Gilbert's ''Edinburgh in the Nineteenth Century'' (1901), describing the city "with its Castle and Palace and the royal mile between", and was further popularised as the title of a guidebook by R. T. Skinner published in 1920, "''The Royal Mile (Edinburgh) Castle to Holyrood(house)''". The Royal Mile runs between two significant locations in the royal history of Scotland: Edinburgh Castle and Holyrood Palace. The name derives from it being the traditional processional route of monarchs, with a total length of approximately one Scots mile, a now obsolete measurement measuring 1.81km. The streets which make up the Royal Mile are (west to east) Castlehill, the Lawnmarket, the High Street, the Canongate and Abbey Strand. The Royal Mile is the busiest tourist street in the Old Town, rivalled only b ...
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