SCOTS LAW Meaning and
Definition
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Scots law is the legal system governing Scotland and the principles and rules that regulate legal matters within the country. It is a distinct legal system with its origins dating back to the medieval period, combining elements of both common law and civil law traditions.
Common law principles, derived from judicial decisions and legal precedent, form a significant part of Scots law. However, the legal system also utilizes statutory laws enacted by the Scottish Parliament as primary sources of legislation. Scots law has evolved through historical influences, including Roman law, feudalism, and the interplay between Scottish and English legal systems.
The core areas covered by Scots law include criminal law, contract law, property law, family law, and administrative law. It is important to note that Scotland has separate legal jurisdictions from England and Wales, so Scots law applies specifically within the boundaries of Scotland.
The Scottish legal system is fundamentally different from the legal system of the rest of the United Kingdom. While there are similarities, such as the use of common law and the sharing of legal principles, Scots law has its own distinct body of legislation and legal practices.
Scots law has its own courts system, which includes the Court of Session as the supreme civil court and the High Court of Justiciary as the supreme criminal court. Additionally, the legal profession in Scotland includes solicitors and advocates who fulfill different roles in the legal process.
Etymology of SCOTS LAW
The word "Scots" in "Scots law" refers to Scotland, while "law" refers to the legal system or body of laws. The term "Scots law" originated from the legal system developed and practiced in Scotland.
The word "Scots" derives from the Old English word "Scottas", which referred to the Gaels or Gaelic-speaking people who inhabited Scotland. The term later evolved to "Scotis" in Latin and "Scoittis" in Middle English before becoming "Scottis" in Early Scots. Over time, it eventually evolved into "Scots" as we know it today.
As for the word "law", it has a much broader etymology. It originates from the Old English word "lagu", which referred to both the idea of "law" and "custom" at the time.
