![]() Both civil and criminal cases are first heard in trial courts and there is a right to appeal against the court's decision in a court of appeals. Each type of court has its own jurisdiction, that is, it deals with certain kinds of cases. The right to trial by jury is provided by the Constitution. In the US, the judicial system is one of the three branches of the federal government, but the legal system operates at many levels with state, county and city courts as well as federal courts. Civil cases begin in the sheriff court and may go on appeal to the Court of Session. Appeals go to the High Court of Justiciary in Edinburgh. More serious cases go to regional sheriff courts and are heard by the sheriff and a jury. ![]() In Scotland, criminal cases are heard in District Courts by members of the public called lay justices. Appeals against decisions from the Crown Court or the High Court go to the Court of Appeal and a few cases, where a question of law is in doubt, are passed to the Supreme Court, which has replaced the House of Lords as the highest court in the country. Minor civil cases, such as divorce and bankruptcy, are heard in the county courts and more serious ones in the High Court. The more serious cases are heard in a Crown Court by a judge and a jury. In England and Wales most towns have a Magistrates' Court, where minor cases are judged and more serious cases are passed to higher courts by three magistrates called Justices of the Peace, trained members of the public. Criminal cases are brought against criminals by the state, in England and Wales by the Director of Public Prosecutions and in Scotland through procurators fiscal. In civil cases, the plaintiff (= the person who claims to have been wronged) brings an action against the defendant in the hope of winning damages (= a financial payment) or an injunction (= a court order preventing the defendant from doing something). British law is divided into civil law which concerns arguments between individuals about matters such as business contracts, and criminal law which deals with offences that involve harm to a person resulting from somebody breaking the law. If this cannot be proved the person must be acquitted (= allowed to go free, with no blame attached). A basic principle of law in Britain is that anyone accused is innocent until proven guilty, so it is the job of the prosecution to prove beyond reasonable doubt that the defendant (= the person accused) has broken the law as stated in the charge. English courts look at precedents for the case being tried and make a similar judgement. English law relies on case law, a collection of previous decisions, called precedents. When making decisions Scottish courts look for an appropriate general principle and apply it to a particular situation. Culture the legal system the legal system For historical reasons, the system of law used in Scotland is different from that in England and Wales, with the law in Northern Ireland similar to that in England.
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