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The Scottish Court System

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The Scottish Court System

There are few legal systems that have a heritage as diverse as the Scottish system. The system is thousands of years old, formed carefully from many sources, which can be characterised as exclusive. As a symbol of nationhood the Scots Law System has been diligently protected since the time of David I. The union with England in 1707, didn't change the system, instead it continued to keep its distinctive character. With all the influence throughout the centuries, it has resulted in a system that combines a unique blend of doctrine and principle.

In most legal systems there are fundamentally two types of courts: the civil and criminal courts. It is in the civil courts that allow members of the public to litigate their differences amicably. In other words, after hearing both arguments the court will rule in favour of one of the parties and implements a remedy accordingly.

In contrast, the criminal courts act as a court where the government (in the form of the Prosecutor Fiscal) can take action against those who have broken the criminal law. If found guilty of a crime by the court the accused may be sentenced accordingly.

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