Class notes
Scottish Legal System (ordinary) University lecture notes full course as of 2020
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Scottish legal system, introduction, legislation, scottish legal history, unenacted law, enacted law, EU law
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Introduction to the courseGreen: lecture handout
Blue: Lecture
Purple: textbook
A. What is a course on a legal system ?
"primary rules" impose duties and "secondary rules" rules about legal rules (confer power):
• What is a source of law?
Rules stating which rules are BINDING law
• What rules define how rules are made and how they fit together?
Rules define parliamentary legislative process + explain coherence of legislation;
judicial opinions can create binding law. Act of parliament can change precedent but
judge cant override/change acts of parliament with laws
• What are the rules for running a court system?
Rules defining procedures: Time limits for bringing court claim, appropriate court for
dispute, defining court niche and powers
Exploring methods:
• How do you use rules accurately, effectively and creatively, as student
and practitioner of the law? learning on the job
B. The formal sources of scots law
• Formal sources: rules identifying and distinguish authoritative, valid legal rules of
law not social/moral. Special significance (must understand PRIMARY not just
SECONDARY describing source) Major + minor sources reflecting importance
Major formal sources:
1. Legislation (enacted law); Acts of UK parliament ; made by ministers of
crown/others under powers delegated by UK parliament
• Acts of Scottish parliament; made by Scottish parliament
• Various EU legislation
2. Precedent (case law/judicial decisions); produced by courts without
parliament /other legislature involvement past judicial decisions on legal
disputes forming law
3. Works of Institutional writers; certain writings on law by authors whom courts
respect; treated as authoritative
• Revolutionary, organised + codified; law constituting status (legislators); rarely
cited in court/ opinions
4. (custom): practices recognised by law assume binding false as rules of law by
certain groups of people/ people generally; common law, fall into
desuetude/lose authority; Less important
Prerogative legislation; residual powers of crown pre 17th C parliament; exercised by
gov in crown name; sign treaties, apt ministers, declare war
Must understand legal topic by primary sources of law discussing legal topic
Other sources:
5. Historical sources: Derived from changing political, moral or social ideas; in all
legal provisions
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