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#16451 - Introduction To Legal Systems In The Uk - Scottish Legal System

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  1. Introduction to Legal Systems in the UK

What is law?

  • The words of someone in authority who has the power to intervene in other people’s affairs

  • Imposes patterns of conduct on other people, and if they don’t comply there are unpleasant consequences

  • Law can compel conduct

  • A lot of law simply provides opportunities to do things effectively

  • A lot of law is unwritten, which is called custom or convention

  • Law is always subject to change

UK legal systems and jurisdictions:

  1. England and wales

  2. Northern Ireland

  3. Scotland

Scotland has a mixed legal system, with elements of both common and civil legal systems

Civil law Common law

Based on Roman law

Codification of legislation

Constitutions

Based on English law

Cases and adherence to precedent

No codification

Types of law:

enacted Unenacted
civil law common law
criminal law civil law
public law private law

What is public law?

  • Relations between individual and state

    • Constitutional law

    • Judicial review of administrative action

    • Criminal law

    • Revenue law

What is private law?

  • Gaius’s division

    • Property (assets)

    • Obligations (contracts, delict, unjustified enrichment)

    • Persons (family law, law of persons)

    • Actions

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Scottish Legal System