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Trial By Jury In Scotland
Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury for serious criminal cases, and in certain civil cases (mainly personal injury claims). Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors. In criminal trials conviction is on the basis of a majority verdict, with eight jurors required to decide that the accused is guilty; should fewer than eight jurors declare a guilty verdict then the accused is acquitted, so a hung jury is not possible in Scottish criminal law. In the past some people were executed on majority verdicts in Scotland, such as Susan Newell, who had one juror dissenting. The jury has a choice of three verdicts: guil ...
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Courts Of Scotland
The courts of Scotland () are responsible for administration of justice in Scotland, under Primary and secondary legislation, statutory, common law and Equity (law), equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various Judge, judicial office holders responsible for issuing Judgment (law), judgments, ensuring Right to a fair trial, fair trials, and deciding on Sentence (law), sentencing. The Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on Devolution in the United Kingdom, devolution issues and human rights European Convention on Human Rights, compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are ...
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Scots Civil Procedure
Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts. Civil procedure is regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session were decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988 and those for the Sheriff Court were agreed on by the Sheriff Court Rules Council, which is the body responsible for reviewing the Sheriff Court civil procedure under review. Primary legislation may also be enacted to regulate civil procedure, such as the Civil Evidence (Scotland) Act 1988 which removed requirements for corroborating evidence. However, rules for both the Court of Session and sheriff courts are now decided upon by the Scottish Civil Justice Council. ...
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Isle Of Man
The Isle of Man ( , also ), or Mann ( ), is a self-governing British Crown Dependency in the Irish Sea, between Great Britain and Ireland. As head of state, Charles III holds the title Lord of Mann and is represented by a Lieutenant Governor. The government of the United Kingdom is responsible for the Isle of Man's military defence and represents it abroad, but the Isle of Man still has a separate international identity. Humans have lived on the island since before 6500 BC. Gaelic cultural influence began in the 5th century AD, when Irish missionaries following the teaching of St Patrick began settling the island, and the Manx language, a branch of the Goidelic languages, emerged. In 627, King Edwin of Northumbria conquered the Isle of Man along with most of Mercia. In the 9th century, Norsemen established the thalassocratic Kingdom of the Isles, which included the Hebrides and the Northern Isles, along with the Isle of Man as the southernmost island. Magnus Bar ...
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Channel Islands
The Channel Islands are an archipelago in the English Channel, off the French coast of Normandy. They are divided into two Crown Dependencies: the Jersey, Bailiwick of Jersey, which is the largest of the islands; and the Bailiwick of Guernsey, consisting of Guernsey, Alderney, Sark, Herm and some smaller islands. Historically, they are the remnants of the Duchy of Normandy. Although they are not part of the United Kingdom, the UK is responsible for the defence and international relations of the islands as it is for the other Crown Dependency, the Isle of Man, and the British Overseas Territories. The Crown Dependencies are neither members of the Commonwealth of Nations, nor part of the European Union. They have a total population of about , and the bailiwicks' Capital city, capitals, Saint Helier and Saint Peter Port, have populations of 33,500 and 18,207 respectively. "Channel Islands" is a geographical term, not a political unit. The two bailiwicks have been administered sepa ...
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Elections In The United Kingdom
There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom (commonly called 'general elections' when all seats are contested), elections to devolved parliaments and assemblies, local elections, mayoral elections, and Police and Crime Commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the prime minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality, the single transferable vote, the additional member system, and th ...
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European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ...
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Commonwealth Citizen
A Commonwealth citizen is a citizen of a Commonwealth of Nations member state. Most member countries generally do not treat citizens of other Commonwealth states any differently from foreign nationals, but may grant limited citizenship rights to resident Commonwealth citizens. For example, in 14 member states, resident non-local Commonwealth citizens are eligible to vote in elections. The status is most significant in the United Kingdom, and carries few or no privileges in many other Commonwealth countries. In addition to voting and residency rights, Commonwealth citizens may receive consular assistance from Commonwealth countries. In particular, they are entitled to emergency assistance from British embassies and consulates in non-Commonwealth nations if their own country is not represented. Background Commonwealth citizenship was created out of a gradual transition from an earlier form of British nationality as the British Empire began dissolving. Before 1949, all ci ...
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Irish Nationality Law
The primary law governing nationality of Ireland is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Ireland is a member state of the European Union (EU), and all Irish nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries, and may vote in elections to the European Parliament. All persons born in the Republic before 1 January 2005 are automatically citizens by birth regardless of the nationalities of their parents. Individuals born in the country since that date receive Irish citizenship at birth if at least one of their parents is an Irish citizen or entitled to be one, a British citizen, a resident with no time limit of stay in either the Republic or Northern Ireland, or a resident who has been domiciled on the island of Ireland for at least three of the preceding four years. Persons born in Northern Ireland are usually entitled tobut not automatically grante ...
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British Nationality Law
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself (England, Wales, Scotland, and Northern Ireland) and the Crown dependencies (Jersey, Guernsey, and the Isle of Man); and the 14 British Overseas Territories. The six classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The principal class of British nationality is British citizenship, which is associated with the British Islands. British nationals associated with an overseas territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic right of ab ...
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Juries In England And Wales
In the law, legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal law, criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974. History The English jury has its roots in two institutions that date from before the Norman Conquest in 1066. The inquest, as a means of settling a fact, had developed in Scandinavia and the Carolingian Empire while Anglo-Saxons, Anglo-Saxon law had used a "jury of accusation" to establish the strength of the allegation against a criminal suspect. In the latter case, the jury were not triers of fact and, if ...
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Jury Duty
Jury duty or jury service is a Civil service, service as a juror in a legal proceeding. Different countries have different approaches to juries: variations include the kinds of cases tried before a jury, how many jurors hear a trial, and whether the lay person is involved in a single trial or holds a paid job similar to a judge, but without Legal education, legal training. Juror selection process In the English law, English model, potential jurors are generally summoned for duty, and then interviewed for their suitability to serve on the jury for a particular trial. The prosecutor and Defense (legal), defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specific number of arbitrary dismissals, or unconditional peremptory challenge, which does not require specific reasons. The judge can also dismiss potential jurors. Some courts had been sympathetic to jurors' privacy concerns and refer to jurors by number, and co ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ...
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