What's the difference between English and Scottish law?

[crom]

I was talking to my sister recently, and she was saying how Scottish law is the one where it is international because it's Roman law, or something like that, which most countries use, and that English law is primarily used in England because it's their "own type of law". is this true, i always thought it would be the other way round....

[banys]

It would seem a little paradoxical that in Scotland, a land never ruled by the Romans, would be under Roman law. After all Hadrian's wall, built by the Romans was to protect the frontier from the wild unruly Scots.

All I know is that in murder trials the English have two possible verdicts: Guilty or Not guilty, whereas in Scottish law they have "Guilty, Not Sure, and Not Guilty."

[deangelo51]

There are many differences between English and Scottish Law. As they are both part of Britain some rules in the legal system remain the same, but many are diff rent. Here are a few examples:

1. The age where someone is legally considered an adult is 16 in Scotland but 18 in England.

2. The age someone can get married at is 18 in England, but 16 in Scotland. (Or 14 with parental consent)

3. Due to the differences in definitions of marriage, there's technically much less stopping the legalisation of same-sex marriage in Scotland than there is in England.

4. Some ageing laws in Scotland still refer to the king of Scotland.

5. Some ageing laws in England still refer to invading Scots carrying bows and/or swords.

6. English acts of law are all written in English, where as Acts of law in Scotland can be written in any of the three languages spoken in Scotland. (Scots, Gàidhlig, or English)

7. Juries consist of 15 members, rather than 12 in England

8. Judges can give a third verdict - "Not Proven", also known as the Scottish Verdict. This has the same effect as a "Not Guilty" verdict, but it is used when the judge does not believe the victim is innocent, but that there is not sufficient evidence to justify a conviction.

In brief Scots law is based heavily on Roman Law and was adopted fully in the arguments of court from the 15th century onwards. Scots law recognises four sources of law: legislation, legal precedent, specific academic writings and custom.

The highlighted main differences between both legal systems is in civil law and is mainly to do with property ownership.

If you were to study law in England under in an English university (Oxford for example), you could not automatically practise law in Scotland. Scottish Law is fundamentally very different from Law in England & Wales. Because Scottish Law is based on a civil system, whereas in England & Wales the system is based on common law, you would have to do a crash course on a LLB to obtain your right to practise law.

There are similar qualities was the fundamentals are different.

I hope this helps!

[seme22]

Scotland have their own laws and always have been different form England

The first one that pops into mind is that it is legal to drink in the street n England but illegal to do it in Scotland.

Scottish law is that Scottish based on Scottish culture and values, the same can be said for English law. I'm not sure what your looking for here, as nobody will go through every law and how they are different for you.

Your question isn't as simple as it sounds, some laws may be a like and some may be different just the same as say English and French law. Your basically asking to compare to countries legal systems which is not easily done.

Edit: shadow puppet has answered the question really well, but i still think there is alot more you could go into in this. Just like the case of the Lockerbie Bomber, in Scottish law you can be released form a prison sentence early on compasinate grounds where as in England you cannot. the detail you can go into is quite substantial, but well done shadow puppet you broke it down really well with a good explanation of certain areas.

[reuben29]

Many aspects of Scots Law are far superior. The CPS is and idea derived from the Procurator Fiscal but badly adapted which is why it is such a mess.
For Dog breath's edificationthe verdicts are, Guilty,Not Guilty & Not Proven