Topic > Describe the main differences between civil and...

Introduction It is relatively often that people find it difficult to distinguish between the two main divisions of the Scottish legal system and fully understand their characteristics. This assignment will explore the key differences between criminal and civil law in Scotland providing insight into the complexities of the justice systems, procedures and disputes considered in both branches of Scottish law. The Basic Distinction Civil law proceedings generally consist of disputes between two individuals or organizations and "commit to civil relief" as opposed to parties resorting to violence. Typically a case can be brought when an individual, organization, company or corporation files a complaint against another. The person filing the complaint is called the "persecutor" who is usually seeking some form of compensation and the responding party is called the "defendant" who is accused of violating a civil law. A trial is then held to resolve the dispute, and a judge rules in favor of one side after both sides provide sufficient evidence. This process is called litigation. In Chapter 14 of "Scots Law A Student Guide" by Nicole Busby et al, criminal law is defined as "a set of rules designed to ensure the peaceful co-existence of citizens within the community". In criminal law the dispute is raised by the State against the individual called the "accused". The accused, as the name suggests, committed crimes against the state and society as a whole by violating one or more laws. A trial is then held to examine evidence suggesting the individual's involvement. In most cases the accused will be represented by a lawyer, barrister or... middle of a sheet of paper... taxis on hand. The maximum penalties a Justice of the Peace can impose are 60 days' imprisonment or a fine of £2,500. The Sheriff Court deals with the most serious offenses and can impose an unlimited fine and a maximum prison sentence of 3 years. The accused can be tried with a summary procedure or with a solemn procedure depending on the seriousness of the crime. Summary proceedings mean that only one judge will decide the outcome, while in column proceedings a judge will determine questions of law and a jury will decide the outcome after establishing the facts. The High Court of Justice is the highest criminal court in Scotland and deals with the most serious crimes committed in society such as treason, rape and murder. Unlike the civil equivalent, decisions made by the High Court of Justice are final and cannot be appealed to another court.