Understanding Evidence in Scots Law

This course is essential for all professional security operatives to understand the law.

 

The study of the law of evidence concerns how we regulate the process of proving facts in legal proceedings.

 

We focus on what evidence may properly be used to persuade a court of the truth of a party’s claims, the extent of a judge’s powers to exclude some forms of evidence, and the rationale for exclusion. Pervasive themes of the course are the significance of human rights for the law of evidence and the relationship between evidence doctrine and underlying theory about the aims of the law of evidence in Scots Law.

 

The module will appeal particularly to those with a keen analytical mind, and preferably with a strong interest in criminal justice such as security operatives since the module is largely concerned with the principles of evidence in criminal cases.

 

That said, the module should also interest anyone who anticipates presenting cases in any type of court or tribunal in the future.

 

Concerns about the relevance of certain pieces of evidence are much the same in both criminal and in civil evidence, as are the proper limits of cross-examination and the rules of legal professional privilege. But we focus on criminal evidence in the main because there are far more issues involved, and the impact of the fair trial guarantee in Article 6 of the ECHR is far greater.

 

1. Introduction and Concepts

2. The General Part

  • Judicial knowledge
  • Opinion evidence

3. The Law of Evidence in Criminal Cases

  • Burden of proof.
  • Standard of Proof.
  • Sufficiency.
  • Admissibility.
  • Witnesses.
  • Presumptions.
  • Privilege.

4. The Law of Evidence in Civil Cases

  • Burden of proof.
  • Standard of Proof.
  • Sufficiency.
  • Admissibility.
  • Witnesses.
  • Presumptions.
  • Privilege.

5 Lessons

Intermediate

Progress

Not started

Scottish Criminal Law

Module one:

This course takes the learner through the basics of the Scottish Criminal Legal system from introduction to the legal system, sources of law in Scotland, legislation, common law, institutional writers, European Law, Human Rights Subordinate legislation, interpreting criminal statutes. We then cover the Common Law and the judicial development of the common law of Scotland as well as the declaratory powers of the High Court and judicial precedent and the criminal law.

Legal writings, European Law and Human Rights as well as other aspects of international law are covered here.

Module two:

This module examines the Criminal Justice System in Scotland from solemn procedure and summary procedure and the criminal courts.

The High Court, The sheriff court, The justice of the peace court, The Judicial Committee of the Privy Council: "Devolution Issues", Criminal appeals

17 Lessons

Advanced

Progress

Not started
Pen
>