Scots law in the context of "Edinburgh"

The Kingdom of Great Britain, officially Great Britain, was a sovereign state in Western Europe from 1707 to the end of 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, which united the Kingdom of England (including Wales) and the Kingdom of Scotland to form a single kingdom encompassing the whole island of Great Britain and its outlying islands, with the exception of the Isle of Man and the Channel Islands. The unitary state was governed by a single parliament at the Palace of Westminster, but the distinct legal systems—English law and Scots law—remained in use, as did distinct educational systems and religious institutions, namely the Church of England and the Church of Scotland remaining as the national churches of England and Scotland respectively.

The formerly separate kingdoms had been in personal union since the Union of the Crowns in 1603 when James VI of Scotland became King of England and King of Ireland. Since the reign of James, who had been the first to refer to himself as "king of Great Britain", a political union between the two mainland British kingdoms had been repeatedly attempted and aborted by both the Parliament of England and the Parliament of Scotland. Queen Anne (r. 1702–1714) did not produce a clear Protestant heir and endangered the line of succession, with the laws of succession differing in the two kingdoms and threatening a return to the throne of Scotland of the Roman Catholic House of Stuart, exiled in the Glorious Revolution of 1688.

The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland.

As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – England and Wales, Scotland and Northern Ireland, made up collectively of twelve Scottish, English, Welsh and Northern Irish judges.

Scotland is a country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjacent islands, principally in the archipelagos of the Hebrides and the Northern Isles. In 2022, the country's population was about 5.4 million. Its capital city is Edinburgh, whilst Glasgow is the largest city and the most populous of the cities of Scotland. To the south-east, Scotland has its only land border, which is 96 miles (154 km) long and shared with England; the country is surrounded by the Atlantic Ocean to the north and west, the North Sea to the north-east and east, and the Irish Sea to the south. The legislature, the Scottish Parliament, elects 129 members to represent 73 constituencies across the country. The Scottish Government is the executive arm of the devolved government, headed by the first minister, who chairs the cabinet and is responsible for government policy and international engagement.

The Kingdom of Scotland emerged as an independent sovereign state in the 9th century. In 1603, James VI succeeded to the thrones of England and Ireland, forming a personal union of the three kingdoms. On 1 May 1707, Scotland and England combined to create the new Kingdom of Great Britain, with the Parliament of Scotland subsumed into the Parliament of Great Britain. In 1999, a Scottish Parliament was re-established, and has devolved authority over many areas of domestic policy. The country has its own distinct legal system, education system and religious history, which have all contributed to the continuation of Scottish culture and national identity. Scottish English and Scots are the most widely spoken languages in the country, existing on a dialect continuum with each other. Scottish Gaelic speakers can be found all over Scotland, but the language is largely spoken natively by communities within the Hebrides; Gaelic speakers now constitute less than 2% of the total population, although state-sponsored revitalisation attempts have led to a growing community of second language speakers.

Scottish English is the set of varieties of the English language spoken in Scotland. The transregional, standardised variety is called Scottish Standard English or Standard Scottish English (SSE). Scottish Standard English may be defined as "the characteristic speech of the professional class [in Scotland] and the accepted norm in schools". IETF language tag for "Scottish Standard English" is en-scotland.

In addition to distinct pronunciation, grammar and expressions, Scottish English has distinctive vocabulary, particularly pertaining to Scottish institutions such as the Church of Scotland, local government and the education and legal systems.

Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce.

Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.

A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from customary English tort law. In civil law jurisdictions based on civil codes, both contractual and tortious or delictual liability is typically outlined in a civil code based on Roman Law principles. Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law. A handful of jurisdictions have codified a mixture of common and civil law jurisprudence either due to their colonial past (e.g. Québec, St Lucia, Mauritius) or due to influence from multiple legal traditions when their civil codes were drafted (e.g. Mainland China, the Philippines, and Thailand). Furthermore, Israel essentially codifies common law provisions on tort.

Delict (from Latin dēlictum, past participle of dēlinquere ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct.

In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (culpa) is the main element of liability. The term is similarly used in a handful of other English-speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but tort is the equivalent legal term used in common law jurisdictions and in general discussions of non-contractual liability.

In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.

Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent".

A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called attorneys) and the Republic of Ireland, the legal profession is split between solicitors and barristers (called advocates in some countries, for example Scotland), and a lawyer will usually only hold one of the two titles. However, in Canada, Malaysia, New Zealand, Singapore and the remaining Australian states and territories, the legal profession is now for practical purposes "fused", allowing lawyers to hold the title of "barrister and solicitor" and practise as both. Some legal graduates will start off as one and then also qualify as the other. In the United States, the barrister–solicitor distinction never existed.