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Differences between English Law and Scots Law?

just that... :cool:

ok I know that Scots law is supposedly quite specific with a non-proven verdict etc. but what modules are different? Is it a completely different system like English/German with English being common law and German being civil? How much civil/common law is in Scots law?

Reply 1

Posh Portia Kabine

Henri - may be an idea to contact the University of Dundee? I know they offer the English LLB and Scots LLB. You could order both prospectuses and look at the differences in the course outlines - or email them with your queries. It doesn't matter necessarily if you want to go to Dundee or not, you'd still be able to gauge what similarities/differences there are with regards the degree modules studied.

http://www.dundee.ac.uk/prospectus/undergrad/courses/law.htm

Reply 2

Scots_Law

Well, first of all in Scotland a law degree takes 4 years to complete (2 years for an accelerated LLB if you are a graduate) whereas in England it usually takes only 3 years. In Scotland we take most of our professional courses (public 1, public 2, delict, contract, property, trusts, succession, family, jurisprudence, EU, commercial, company and tax) in our first two years and these courses are COMMULSORY to qualify as a solicitor in Scotland (there are further courses you must take to become and advocate). I think (!) in England you have fewer compulsory courses?
After your second year in Scotland you begin to specialise in areas of law – I’m not sure how this works in England.
The course content varies substantially. For example, criminal law differs greatly between the two legal systems; the charges can have completely different names and may be established by completely different criteria. For example, in relation to HIV crimes in England if a person consents to sexual intercourse without using a condom (knowing that there is a risk of catching HIV) then his partner will not be held guilty of GBH (this is the what the “crime” is classed as under English law). However, in Scotland as a person cannot consent to his own assault, therefore even if a person consents to having sexual intercourse without protection then his/her partner may still be found guilty of culpable and reckless conduct (the name given to the charge in Scotland).
This isn’t just apparent in relation to criminal law, but also in a whole host of private law subjects and even some public law areas.
Anyway, it’s safe to say they differ substantially, so think seriously about which country you want to study in – but of course you can always transfer from one legal system to the other (albeit after further training).

Reply 3

NDGAARONDI

I didn't think any Scottish university taught the English law degree. Shame Edinburgh doesn't, at least, the last time I checked.

Reply 4

Posh Portia Kabine

Scots_Law

For example, in relation to HIV crimes in England if a person consents to sexual intercourse without using a condom (knowing that there is a risk of catching HIV) then his partner will not be held guilty of GBH (this is the what the “crime” is classed as under English law). However, in Scotland as a person cannot consent to his own assault, therefore even if a person consents to having sexual intercourse without protection then his/her partner may still be found guilty of culpable and reckless conduct (the name given to the charge in Scotland).

Hmmmmm, I don't think (as far as I'm aware) that a person can consent to this sort of assault in England either? One particular case that strikes me is R v Mohammed Dica: http://www.cps.gov.uk/news/pressreleases/archive/2003/131_03.html

As for consent goes, one can only really consent to common assault, in R v Brown Lord Templeman specified what sort of serious assault one could consent to:

"Even when violence is intentionally inflicted and results in actual bodily harm, wounding or serious bodily harm the accused is entitled to be acquitted if the injury was a foreseeable incident of a lawful activity in which the person injured was participating. Surgery involves intentional violence resulting in actual or sometimes serious bodily harm but surgery is a lawful activity. Other activities carried on with consent by or on behalf of the injured person have been accepted as lawful notwithstanding that they involve actual bodily harm or may cause serious bodily harm. Ritual circumcision, tattooing, ear-piercing and violent sports including boxing are lawful activities."

The offence of biological GBH, as seen in R v Mohammed Dica certainly does not encompass any of lawful activities above.

Reply 5

Scots_Law

Sorry, I read it in a BBC article a year ago :P

Reply 6

national

One enables you to practice in England and the other in Scotland.
I'll leave your brains to work that one out.

Scottish is similar to the form of Law practiced in Europe.

Reply 7

Posh Portia Kabine

The Beeb eh, bloody amateurs. :biggrin:

Reply 8

Henri Lloyd

Visiting_Babylon

Actually, Dundee is my insurance choice and I therefore was already familiar with the website and the prospectus, but just by looking at the modules for the different streams I can't deduce the actual differences between Scots Law of Contract and English Law of Contract, eg. if they are completely different in their nature. Great idea and nice advice anyway!

Scots_Law

For example, criminal law differs greatly between the two legal systems; the charges can have completely different names and may be established by completely different criteria. [...] This isn’t just apparent in relation to criminal law, but also in a whole host of private law subjects and even some public law areas.
Anyway, it’s safe to say they differ substantially, so think seriously about which country you want to study in

Thank you, that was pretty much what I wanted to know, if there really are substantial differences in most of the modules or if they are more or less the same with a few differing cases, charges and terms, with Scots law differing mainly because it includes some civil law aspects in it. But I suppose they do differ quite a bit, so I'll probably pass on Scots law since I am not quite sure if and where I would like to practise law and a degree in English Law seems to promise more chances for orientation later on. I just wondered if it might seem odd to prefer to study English Law at Dundee instead of Scots Law at Aberdeen, which is ranked considerably higher.

Classic, Theodore.