Commercial Law Literature & Language Essay Research (Essay Sample)

Commercial Law
Operational Management
Tutor:
Institution
Department of Business
23 October 2016
Introduction
In Scotland, the justice system is divided into two parts: the criminal justice which deals with crime cases and civil justices system whose purpose is to protect and enforce the legal rights of people and organizations and to deal with disputes that violates those rights. The person who introduces a civil court action is called the pursuer while the one to whom action is raised against is called the defender. One of the important civil courts found in Scotland is the sheriff courts since they have jurisdiction that is, they have the authority both to hear and determine a variety of civil cases. All cities and most towns have these courts in Scotland. On the other hand, the Court of Session which is also a civil court can only sit in parliament house located in Edinburgh, which is divided into an inner house and an outer house.
The system of Scottish civil service is administered differently from the other parts of the UK in terms of its court structures, court procedures and the daily running of the court. The final appeal court in terms of Scottish civil law cases is the UK Supreme Court. Most of the civil court action are commenced by an initial writ which is a document also called summons. A few of the civil court actions require petition in order to be commenced, for example challenging how public bodies exercise power which is an action of judicial review require an action of petition. A court hearing a case for the first time is said to act as a first instance court while it is said to act as an appeal court where it is hearing a case for the second time. An appeal court challenges decisions of the lower courts on facts based on the issue concerning the parties. In Scotland, the highest court dealing with civil matters is the Court of Session which deals with any type of civil case e.g. tort, judicial review, law of families and cases dealing with commercial issues. Types of civil courts found in Scotland are: Court of Session, sheriff appeal court and sheriff court.