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Is Scottish Law different to English law?

^^^^^^^ as in the rules that are applied in Scottish courts as to English courts.

At first I thought it was but people tell me different!

Help appreciated :smile:

Reply 1

James1977

In Scottish courts there are three possible verdicts in criminal cases.

Proven, Not-guilty and 'not-proven'.

I didn't/haven't done law, just experience from living that side of the border.

(edited 13 years ago)

Reply 2

Left Hand Drive

Scots law is not written and known as common law. Where english is written down.

Reply 3

big-boss-91

Original post by beckie :)

^^^^^^^ as in the rules that are applied in Scottish courts as to English courts.

At first I thought it was but people tell me different!

Help appreciated :smile:

kill one person in scotland and england and see the different between the law system

Reply 4

Left Hand Drive

Original post by Celtic_Anthony

English law is a common law system too, moreso than Scotland.

I was taught im college that everything in England was legislated. I believe you though

Reply 5

beckie :)

Original post by big-boss-91

kill one person in scotland and england and see the different between the law system

ahh my moot is about murder and provocation
my opponent has used scottish case law and reading the cases it seems completely different rules for provocation so i'm confused!

Reply 6

James1977

Original post by Celtic_Anthony

Guilty, Not Guilty, Not Proven.

'Not proven' has exactly the same effect as 'Not Guilty' and is just a hangover from the days where the verdicts were 'Proven' or 'Not Proven'.

Hmmm, has that changed recently then, 'proven' to 'guilty'?

And whilst it may appear 'not proven' is the same as 'not guilty' this isn't always so. There is a certain degree of implied guilt bestowed upon those discharged 'not proven' because of its very nature.

'Not guilty' says simply says they couldn't prove your guilt, based on the evidence presented.

'Not proven' bestows a sense of "we couldn't prove you guilty but we couldn't prove your lack of guilt either" based on the evidence presented. Whilst in the criminal sense you are free, in the sociological sense there will doubt in the minds of others.

Reply 7

lyrical_lie

Yes there are a lot of differences in different sections. For example in criminal law we don't have manslaughter or arson. We have cupable homocide and fire raising. In Scots law in the area of contract law we have the law of promise English law doesn't. Things like that.

Source: I'm studying law.

Reply 8

username356927

Original post by beckie :)

ahh my moot is about murder and provocation
my opponent has used scottish case law and reading the cases it seems completely different rules for provocation so i'm confused!

The two systems are very different in nearly every situation. I am but a mere medic and so have no idea about the ins and outs of it, but put it this way: As a solicitor once told me, it takes less time to transfer between Scots Law and American Federal law than to switch to English law.

Scots law is so different due to the rich and fascinating history of the United Kingdom of Great Britain and Northern Ireland :tongue:

Reply 9

username356927

Original post by Celtic_Anthony

That might be because the law of many American states will be founded upon Scots Law (I've heard it said NY and Louisiana are examples of such).

It only takes one year to transfer to do English law, doing the GDL, and another to qualify after that.

Yeah I can imagine. Like I said, it was anecdotal so don't shoot me if it isn't true :tongue:

My point was just that the two systems in the UK are very different :smile:

Reply 10

big-boss-91

Original post by beckie :)

ahh my moot is about murder and provocation
my opponent has used scottish case law and reading the cases it seems completely different rules for provocation so i'm confused!