3 苏格兰民事法院体系.pptVIP

Scottish Court System: Civil Court Litigation Pursurer, Defender Sort of issues Family law Law of contract Law of property Law of delict,tort law Four Types of Court for Scotland The Sheriff Court The Court of Session Supreme Court of the United Kingdom The European Court of Justice The Sheriff Court Civil and criminal cases Most important court, why? Sheriffdoms, sheriff principal, sheriff Principal’s responsibilities. Jurisdiction of the sheriff court Over persons Over subject matters Jurisdiction The scope of the court’s power to examine and determine the facts, interpret and apply the law, make orders and declare judgment. ?Jurisdiction may be limited by geographic area, the type of parties who appear, the type of relief that can be sought, and the point to be decided. ?The powers of courts of limited jurisdiction are generally defined by statute. 法院就查证和裁断事实、诠释和应用法律、发出命令及宣布裁定的权力范围。「司法管辖权」可受地域、出庭各方的类别、所寻求的济助的类别及需裁断的论点所限制。拥有有限司法管辖权的法院的权力通常由法规界定。 Jurisdiction over persons Depend on where the defender resides.(原告就被告原则) Exceptions Placed of business Heritable Property Sheriffdom where a contract is performed Jurisdiction over subject matters Main limitations, (unlimited) Cases which can only be heard by other courts Choose to take actions to the court of session As a court of first instance With or without Jury Small claims in the sheriff court The claim is for ￡5000 or less Do it yourself No lawyer. Appeals from the sheriff court In summary cases Sheriff to sheriff principal Sheriff principal to inner house of the court of session In ordinary cases Sheriff principal, inner house Or, Directly to inner house The court of session Double role Court of first instance Appeal court 2 houses Outer house , compared with sheriff court Inner house Lord ordinary, jury Jurisdiction of outer house Jurisdiction over persons Resident in scotland Owner or tenant of heritable property in scotland Subject matter of the jurisdition Civil claims Sheriff court or outer house? Inner ho