Institutions

• What are law-making institutions introduced in the study material?

  Legislatures
• What defines a sovereign state?


  A sovereign state has autonomous territories under a centralized government, capable of forming international relations.
• What is the role of Parliament in the UK?


  Parliament is the sovereign legislature with autonomous law-making powers.
• How does the UK government control the legislature?


  The UK government controls the legislature, but its ability to pass laws depends on having a majority.
• What does parliamentary sovereignty mean in the context of UK law?


  No UK Parliament can bind its successors, allowing future parliaments to repeal any statute.
• What did the European Communities Act 1972 allow?


  It allowed EEC law to override UK law.
• What happened to the European Communities Act after Brexit?


  It has since been repealed post-Brexit.
• What does the 2018 Act state regarding EU legislation?


  Most pre-existing EU legislation was preserved, but new EU laws no longer affect the UK.
• When was the Scottish Parliament created?


  By the Scotland Act 1998, enacted by the UK Parliament.
• What authority does the UK Parliament retain over the Scottish Parliament?


  The UK Parliament retains the authority to change the parameters and powers of the Scottish Parliament.
• Can the UK Parliament make laws for Scotland?


  Yes, even in areas where it has delegated authority to the Scottish Parliament.
• What is the relationship between the Scottish Parliament and UK Parliament regarding sovereignty?


  The existence of the Scottish Parliament does not limit the sovereignty of the UK Parliament.
• What is Section 28(1) of the Scotland Act 1998 about?


  It allows the Scottish Parliament to make laws, subject to certain conditions.
• What does Section 28(7) of the Scotland Act 1998 confirm?


  It confirms that the UK Parliament's power to make laws for Scotland is not affected.
• What happens to acts of the Scottish Parliament that are outside its competence?


  They are void and not recognized as law by any court.
• What types of acts are void according to the Scottish Parliament's law-making powers?


  Acts purporting to be part of the law of any country other than Scotland, inconsistent with Convention Rights, and reserved matters.
• What is the significance of the jurisdictional divide in Scotland's legal system?


  It leads to key differences in handling civil and criminal law matters.
• What are the terminological differences between civil and criminal courts in Scotland?


  Civil courts use terms like pursuer and defender, while criminal courts use accused and prosecutor.
• What is the aim of civil courts in Scotland?


  To secure a remedy such as damages or specific implement.
• What is the aim of criminal courts in Scotland?


  To determine guilt or innocence.
• What is the presumption of innocence in criminal courts?


  It applies to the accused until proven guilty.
• How do civil and criminal courts differ in their approaches to factual questions?


  Different standards of proof apply in civil and criminal cases.
• What types of legal questions do both civil and criminal courts deal with?


  Disputes about the scope of legal remedies and definitions of legal concepts.
• What is the significance of court hierarchies in Scotland?


  A precedent laid down by a higher court binds lower courts in the hierarchy.
• What is the role of Sheriff Courts in Scotland?


  They have civil and criminal jurisdiction and are regional courts.
• What is the significance of the Sheriff Appeal Court?


  It is a relatively new part of the civil court hierarchy that hears appeals from Sheriff Court decisions.
• How many sheriffs make up a sheriff bench in the Sheriff Appeal Court?


  Three sheriffs make up a sheriff bench.
• What is the binding nature of decisions from the Sheriff Appeal Court?


  They are binding in proceedings before sheriffs and justice of the peace courts anywhere in Scotland.
• What historical changes led to the establishment of the College of Justice?


  Increasing demand for legal expertise and dissatisfaction with medieval courts led to its establishment.
• When was the College of Justice established?


  On 27th May 1532.
• Who could perform legal jurisdiction in the College of Justice?


  Only those appointed to the college could perform legal jurisdiction.
• What was the role of the king's council in the medieval Scottish courts?


  It included individuals with legal expertise who could sit as judges.
• What were the distinctive features of the College of Justice?


  It became known as Scotland's "Senate" and included judges who served in the High Court of Justiciary.
• What was the significance of the High Court of Justiciary?


  It is the highest criminal court in Scotland.
• How did the College of Justice influence governance in Scotland?


  Many individuals from the College were instrumental in exercising governance over Scotland for the next three centuries.
• What was necessary to place the court on a separate institutional footing?


  To judge in the court
• When was the new College of Justice incorporated?


  On 27th May 1532
• What was the collective wisdom of the judges a touchstone for?


  What was, and was not, the civil law of the realm
• Who could perform legal jurisdiction in the College of Justice?


  Only those appointed to the college
• What institution did the College of Justice inherit the functions from?


  The old session