Legal Studies

What are differences between civil and criminal cases (4)

1. Civil cases are about who was wronged and compensation whilst criminal cases are about punishment.

2. Civil cases do not need to be proven beyond reasonable doubt but instead they have a balance of probability which means the judge will decide what sounds more true

3. Corroboration (having witnesses coming in to back up what someone has said) isn’t needed in civil cases

4. Civil cases are disputes between individuals whereas criminal cases are disputes between the state and an individual.

How many civil courts are there in Scotland (and name them)

1. Sheriff Court

2. Court of Session - both 1 and 2 are trial and appeal courts

3.  Supreme Court of the UK - Appeal only

What does a litigant, pursuer and defender mean?

Litigants - parties involved in civil action

Pursuer - party bringing the action to court

Defender - the party that is facing the action

What range will simple procedures hear? (how much money it’s worth) (sheriff court)

Cases worth up to £5,000

What range will ordinary procedures hear? (how much money it’s worth) (sheriff court)

Cases worth over £5,000

What range will summary procedures hear? (how much money it’s worth)

Cases worth £3,000-£5,000

What range will a Court of Session hear? (how much money it’s worth)

Cases worth £100,000

Where does the UK supreme court take cases from

Appeal cases from the Inner House.

What is the sheriff court made up of?

39 sheriff courts within Scotland and 142 permanent sheriffs

What kind of cases do simple procedure hear?

• Delivery or recovering of possessions

• Ordering someone to do an action

• Get compensation for discrimination

• Force a company to finish work you’ve paid for

What kind of cases does summary cause procedure hear?

Unpaid rent

What kind of cases does ordinary cause procedure hear?

• Family actions, including divorce, dissolution of civil partnership

• applications for orders relating to children eg. residence and contract

• Personal injury cases

How many judges for the Court of Session (Outer and Inner) and for the UK Supreme Court

Outer - Single judge and juries are very rare

Inner - Appeal court with three judges usually with no jury. (can be up to 7)

UK Supreme Court - Panel of judges (3,5,7,9) and IF APPEAL, one of the judges must be Scottish

What power does the UK Supreme Court have?

• Final court for all civil cases on appeal

• Has power to make decisions regarding the validity of Scottish acts

• Their interpretations of laws must be followed by lower courts

How are simple procedure appeals heard?

• Appealing a decision made by a sheriff must take place within 28 days of the decision of your court hearing.

• The sheriff who made the decision will then write an appeal report and set out legal and factual reasons for the decision.

•  After discussion these documents might then be sent to the Sheriff Appeals Court.

Where do appeals get heard if it is a summary case?

Appeals go to the Sheriff Appeal Court or Inner House Court of Session if it relates to a question of law.

Where are ordinary appeal cases heard?

The appeal will go to either the Sheriff Appeal Court and then perhaps later onto the Inner House (Court of Session)

 OR 

Directly to the Inner Court of Session. (less common)

Appeals can go directly to the UK Supreme Court only if it relates to a point of law.

Outer to inner (Court of Session)

• The Court of Session is the highest civil court in Scotland.

• Outer House is primarily a court of first instance (the first hearing of a case)

• Inner House is the appeals court

• Outer House appeals go to the Inner House of the Court of Sessions

Where do Inner House Appeals go to?

• Certain decisions judgements of the Inner House can be appealed to the UK Supreme Court

• Only with permission of the Inner House or if they refused, then permission of the UK Supreme Court

What does specific implementation mean (remedy)?

An order to carry out a particular action (to carry out an action or obligation under a contract)

What does interdict mean? (remedy)

An order prohibiting an action (such as stopping the publishing of a defamatory article)

What is compensation? (remedy)

An order for one party to pay the damages (compensation) to another party

What is declarator (remedy)?

A deceleration that a party has a specific right or duty

What is reduction (remedy)?

An order for terms in a document to be set aside (eg. a will)

What is aliment (remedy)?

An order to provide financial support to a spouse (eg. a divorce action)

What does Damnum Injuria Datum?

Loss wrongfully caused

What three elements have to be filled under Damnum Datum Injuria

• There must be loss, harm or injury to a person or their property (DAMNUM)

• That harm or injury must have been caused (DATUM)

• By a breach of duty of care or a legal wrong by another party (INJURIA)

What is duty of care

Is the legal responsibility to provide a reasonable level of care for those around you and to act in a way that protects their safety.

Summarise the Donoghue v Stevenson case

Mrs D’s friend bought 2 ice creams and 2 ginger beers. The ginger beer came in a bottle which was not clear and could not be seen through. She pours the remaining ginger beer over the ice cream with it came out a decomposing snail.

Summarise the Haley v London Electricity Board case

Workmen for the Electricity board dug up part of the street . The pursuer, a blind man, fell into this hole and was injured. The hole had not been properly fenced off.

What is the aim of the Health and Safety at Work act 1974

The act aims to help reduce the risk of injury and harm and to outline clearly the  responsibilities of the employers and employees.

Responsibility of employers under Health and Safety at Work Act

• Given training about health and safety procedures

• The workplace is a safe working environment

• Equipment is maintained

• Employees are given appropriate working conditions

• Protection is given such as safety helmets.

Impact of the Health and Safety at Work 1974

Strengthened the common law duty of care for employers to take reasonable care for the health and safety of their employees.

Responsibility of employees under Health and Safety at Work 1974

• Take reasonable care for their own health and safety

• Follow procedures and use equipment correctly

• Report hazards

Aim of The Consumer Protection Act 1987

To hold manufacturers accountable for the safety of the goods that they produce. They must produce goods of a safe standard.

What is the strict liability test

Makes manufacturers automatically liable for any defective product which causes harm to people even if the injured person is NOT the person who purchased the product.

Impact of the Consumer Protection Act 1987

This act strengthens and reinforces the common law duty of care. Manufacturers have a duty to produce goods that are of a safe standard.

What may the court consider when hearing a case underneath the Consumer Protection Act 1987

• How the product was marketed

• Warning labels

• Deterioration