There is no distinction made in Scotland between assault and battery ( which is not a term used in Scots law ), although, as in England and Wales, assault can be occasioned without a physical attack on another's person, as demonstrated in Atkinson v. HM Advocate wherein the accused was found guilty of assaulting a shop assistant by simply jumping over a counter wearing a ski mask.

Scots common law differs in that the use of precedents is subject to the courts ' seeking to discover the principle that justifies a law rather than searching for an example as a precedent, and principles of natural justice and fairness have always played a role in Scots Law.

Scots common law covers matters including murder and theft, and has sources in custom, in legal writings and previous court decisions.

* Scots law

In law, corroboration refers to the requirement in some jurisdictions, such as in Scotland, that any evidence adduced be backed up by at least one other source ( see Corroboration in Scots law ).

The clearances followed patterns of agricultural change throughout Britain, but were particularly notorious as a result of the late timing, the lack of legal protection for year-by-year tenants under Scots law, the abruptness of the change from the traditional clan system, and the brutality of many evictions.

Category: Scots law legal terms

In Civil law and pluralist systems, as under Scots law, precedent is not binding but case law is taken into account by the courts.

Some pluralist systems, such as Scots law in Scotland and so-called civil law jurisdictions in Quebec and Louisiana, do not precisely fit into the dual " common-civil " law system classifications.

The doctrine exists in both English law and Scots law.

The doctrine exists in the Scots law of delict.

Today the UK has three distinct systems of law: English law, Northern Ireland law and Scots law.

As the " not guilty " verdict gained wide acceptance amongst Scots juries, Scots began to use " not guilty " in cases where the jury felt the " not proven " verdict did not adequately express the innocence of the defendant.

Economic growth and the intellectual benefits of a highly developed university system, together with Scotland's traditional connections to France, then in the throes of the Enlightenment, led Scots intellectuals to develop a uniquely practical branch of humanism to the extent that Voltaire said " we look to Scotland for all our ideas of civilization ".

Scots law, a hybrid system based on both common-law and civil-law principles, applies in Scotland.

Scots law, though also a civil law system, is uncodified-it was strongly influenced by Romano-Dutch legal thought, and after the Act of Union 1707, by English law.

The United Kingdom does not have a single body of legislation, but is divided into three jurisdictions, each with its own laws and legal system: England and Wales ( English law ), Scotland ( Scots law ), and Northern Ireland ( Northern Ireland law ).

Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law elements dating back to the High Middle Ages.

With the intellectual benefits of having established Europe's first public education system since classical antiquity Scottish thinkers began questioning assumptions previously taken for granted ; and with Scotland's traditional connections to France, then in the throes of the Enlightenment, the Scots began developing a uniquely practical branch of humanism to the extent that Voltaire said, " We look to Scotland for all our ideas of civilization.

Influence from England has meant that Scotland's current system is more common law than civilian, but there are areas which are still heavily based on Roman law, such as Scots property law.

Scotland has a different legal system: Scots law.

The term Scottish Lowlands is generally used mostly with reference to Lowland Scots, Scottish history and the Scottish clan system, as well as in family history and genealogy.

The Scottish Assembly would have been able to add to Scots law using a " Measures of the Scottish Assembly " system.

In Scotland, where the educational system is completely different from the rest of UK, the term " public school " in Scottish English and Scots is only used to describe Scottish state funded schools ( since they are publicly owned ) – although, in the media preference is now being given to the term " state funded school " to avoid confusion with the English term.

He supported the society's programme to send a bible to every court in Scotland and wrote in support of " The Bible in Scots Law ", a pamphlet it distributed to Scottish lawyers which described the Bible as a " foundational source book for Scotland's legal system ".

This means that in Scotland no two men can ever simultaneously bear the same arms, even by accident, if they have submitted their position to the Scottish heraldic authorities ( which not all do in practice, in Scotland as in England ); if they have not done so, the matter falls under statute law and may result in proceedings in the Lyon Court, which is part of the Scots criminal justice system.

In the Scots heraldic system ( which has little to do with the clan system ), only one bearer of any given surname may bear plain arms.

The three verdict system was established in Scots law by 1728 ( since then juries have been able to pass a not guilty verdict ).

The Scots won the encounter by a goal and a try to a solitary try scored by England ( a points scoring system had not then been devised ).

The committee employed secret agents abroad, conducted covert operations, devised codes and ciphers, funded propaganda activities, authorized the opening of private mail, acquired foreign publications for use in analysis, established a courier system, and developed a maritime capability apart from that of the Continental Navy, and engaged in regular communications with Britons and Scots who sympathized with the American cause.

Scotland retains Scots Law, its own unique legal system, based on Roman law, which combines features of both civil law and common law.

Scots Law differs from England's common law system.

The Scots have a quite distinct legal system within the United Kingdom.

Under Scots law, a Scottish Prescriptive Barony by Tenure is now " incorporeal feudal heritage ", not attached to the land and remains the only genuine, prescriptive, degree of title of UK nobility capable of being bought and sold – since under Section 63 ( 1 ) of the Act, the dignity of Baron is preserved after the abolition of the feudal system.

Aberfoyle has connections to many historical figures such as Rob Roy and Mary, Queen of Scots.

Legend has it that the Brecbennoch, was carried to the Battle of Bannockburn ( 24 June 1314 ) by the vastly outnumbered Scots army and the intercession of Columba helped them to victory.

Edinburgh has also become associated with the crime novels of Ian Rankin, and the work of Irvine Welsh, whose novels are mostly set in the city and are often written in colloquial Scots.

In Scots Law, Davie v Magistrates of Edinburgh ( 1953 ) provides authority that where a witness has particular knowledge or skills in an area being examined by the court, and has been called to court in order to elaborate on that area for the benefit of the court, that witness may give evidence of his opinion on that area.

Although Irish and Manx are often referred to as Irish Gaelic and Manx Gaelic ( as they are Goidelic or Gaelic languages ), the use of the word Gaelic is unnecessary because the terms Irish and Manx, when referring to language, only ever refer to these languages, whereas Scots has come to refer to a Germanic language, and therefore " Scottish " can refer to things not at all Gaelic.

In the centre of the High Street is the Scots baronial style Town Hall, built in 1886, and the east end has an equestrian statue, known as " the Horse ", erected in 1914.

An old custom in the Highlands, which has survived to a small extent and seen some degree of revival, is to celebrate Hogmanay with the saining ( Scots for ' protecting, blessing ') of the household and livestock.

The identity of Karl Hundason, unknown to Scots and Irish sources, has long been a matter of dispute, and it is far from clear that the matter is settled.

The party has an active youth wing, the Young Scots for Independence, as well as a student wing, the Federation of Student Nationalists.

While going from door to door in disguise has remained popular among Scots and Irish, the North American custom of saying " trick or treat " has recently become common.

While going from door to door in disguise has remained popular among Scots and Irish at Halloween, saying " trick-or-treat " has become common.

The Ulster accent has two main sub accents, namely Mid Ulster English and Ulster Scots.

It bears many similarities to Scottish English through influence from Ulster Scots, which has many distinct characteristics and is often seen as a variety of Scots.

In what has been called a coup d ' état, the Cardinal of Lorraine and the Duke of Guise — whose niece, Mary, Queen of Scots, had married Francis the year before — seized power the day after Henry II's death and quickly moved themselves into the Louvre with the young couple.

Since 2004, the Scottish Parliament has appointed an official Scots Makar, from the Makars of the various cities.

Under the recent constitutional reforms, the Lord Advocate has become an officer of the Scottish Government, while the United Kingdom Government is advised on Scots law by the Advocate General for Scotland.

Back-bond, or back-letter, in Scots law, is a deed qualifying the terms of another deed, or declaratory of the purposes for which another deed has been granted.

Stirling also has its medieval parish church, The Church of the Holy Rude, where King James VI was crowned King of Scots on 29 July 1567.