Why does legal system differ from the rest of UK?

Scotland's distinct legal system is influenced by various historical, cultural, and political factors. Here's why it differs from the rest of the UK:

1. Historical Roots:

The legal system in Scotland has its roots in the ancient laws and customs of the Scottish people, dating back to the early Middle Ages. Scotland developed separately from England and Wales in terms of its legal framework.

2. Reception of Roman Law:

In the 12th century, Scotland embraced aspects of Roman law through its universities and royal courts. This influence can still be seen in certain legal principles and terminology used in Scotland today.

3. Feudal Law and Legal Institutions:

Scotland's feudal society gave rise to unique legal institutions, such as the Court of Session (Scotland's supreme civil court) and the Lord Advocate (Scotland's chief law officer). These institutions shaped the development of Scots law.

4. Union with England:

When Scotland and England united under one monarch in 1603, Scotland retained its own legal system. The terms of the union, known as the Treaty of Union, guaranteed that Scotland would maintain its distinct laws, institutions, and legal traditions.

5. Civil and Criminal Law:

Scots law distinguishes between civil and criminal law, with each area having its own set of rules and procedures. This separation is more pronounced than in the legal systems of England and Wales.

6. Jury System:

The jury system operates differently in Scotland compared to England and Wales. In Scottish criminal cases, juries consist of 15 jurors, and they can return three verdicts: guilty, not guilty, or not proven.

7. Civil Litigation:

Scots law also has distinct rules regarding civil litigation, such as the "passing of the case" procedure, where the responsibility of presenting the case shifts between the parties during trial.

8. Legal Education and Training:

Scottish legal education differs from the rest of the UK. Those wishing to practice law in Scotland typically complete a Scottish law degree (LLB) and undergo a period of apprenticeship or traineeship before becoming fully qualified lawyers.

9. Judicial System:

Scotland's judicial system has its own courts and procedures. The highest court is the Supreme Court of the United Kingdom, which also serves as the final court of appeal for Scottish cases. However, Scotland's Court of Session remains the highest civil court for Scottish matters.

Overall, Scotland's legal system is a unique and distinct body of law that has evolved over centuries, shaped by historical, cultural, and political influences.