scottishaffairs.org Report : Visit Site


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    The description :menu skip to content home scottish affairs select committee making law the court system in scotland history of scottish parliament westminster and holyrood scottish parliament medical negligence how d...

    This report updates in 15-Aug-2018

Created Date:2001-11-23

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menu skip to content home scottish affairs select committee making law the court system in scotland history of scottish parliament westminster and holyrood scottish parliament medical negligence how does english law and scots law differ? there are three legal systems that make up the legal system within the united kingdom; english law, scots law and the law of northern ireland. the united kingdom as a whole does not have one particular legal systems as it is made up of different political unions that have merged together over time. it was the treaty of union under the act of union 1707 that created the kingdom of britain but allowed scotland to have their own judiciary system however it must be stressed that the uk parliament have the overall power especially when making legislation that effects the uk as a whole. a later acts of union in 1800 brought about the united kingdom of great britain and northern ireland however they did not have the same provisions of a separate legal system but the right to have their own courts. the english law covers england and wales in reference to both civil and criminal matters and is said to be the leader of common law setting preference to other legal systems. english law which in principle is quite contrasting to civil law and has been since 1189 it is fundamentally its own legal doctrine with judges who sit in courts making the law of the land through decision made in court that in fact set precedent for future cases. as time has progressed and parliaments have been seen to have more influential power, the past law making which was created by judges transformed and it leaned more against parliaments making legislation. the senior court of england and wales heads all the courts in england and in wales which includes the crown court, high court justice and the court of appeal. what is medical negligence? visit medical negligence medicalnegligenceassist.co.uk to find out what medical negligence is explained. it is fair to say that for two countries to be part of the same nation they have contrasting legal structures with the scottish having what can only be called as a unique legal system compared with the legal system of other countries. what sets it apart from other legal systems is the fact that a verdict can be, guilty, not guilty and not proven where as in most courts its either guilty or not guilty. it’s fundamentally based on a legal precedent that was around during roman times that said it has areas of common law along with legal law that dates back to medieval times combined within it legal system. the acts of union 1707 mentioned above meant that both england and scotland saw their legal systems mixing although each legal system remained separate to their own country. major influences on scottish law have come from legislation set by the european parliament and of course the devolution of powers when scotland was granted the rights to have their own parliament in 1999. there are two senior courts within the legal system of scotland, the court of sessions which deals with civil matters and the high court of judiciary for cases of a criminal nature. the sheriff court in scotland is used for most civil and criminal cases with the supreme court of the united kingdom that is set as the highest court of appeal for civil cases. medical negligence and scots law whether medical negligence takes place within england or scotland what defines it remains the same. both legal systems define medical negligence as the below standard of treatment or service provided by a health care professional that has in some way caused further harm or injury to a patient that they are responsible for. it must be proven that a health care professional of a similar ability would not have acted in the same way. medical negligence is a very serious matter as it can have severe repercussions on its victims. medical staffs are there to assist those who fall ill or injure themselves and although no medical professionals cause harm deliberately the fact that standards fall is a breach of their duty. as with english law scots law also has a strict and often unchangeable time limit meaning that any person who feels they have been victim of medical negligence must pursue a claim for medical negligence within three years. there are exceptions to the rule and in some cases it is down to the judge’s discretion. how does england and scotland differ in terms of medical negligence? currently there is a scheme run in scotland known as clinical negligence and other risk indemnity scheme (cnoris) which tries to manage damage control when it comes to how much compensation should be awarded in medical negligence cases so that a disproportional amount of funds are not taken from the www.nhs.uk scotland. as with law set in england the amount of compensation is decided by the court or by a settle amount agreed on by the two parties, the defendant and the prosecution as a out of court settlement. those that are directly employed by the health board are covered under the scheme in case of any liability that should be brought against them. the scheme that was created in 1999 but was not enforced until 2000 was quite different to what had been implemented in a medical environment before. it meant that strategies were formed so that in the event of a medical negligence law suit cost effective procedures could be easily put in place. the scheme meant that financial risk factors were taken into consideration when judging how effectively to handle the case. calculating the risk factor even before an incident of medical negligence has taken place is key to the scheme working efficiently so that plans can be put in place before hand also very importantly to reduce the amount of negligence that may take place if procedures can be implemented to protect patients. the scottish parliament and the european parliament the european union which is made up of 28 member states and governed by several institutions which include; european parliament, the european commissions and the council of ministers all which are responsible for the creating of laws concerned with the eu. after world war ll there was a call for the european countries to make alliances and prevent any extreme national behaviour from taking place again after the devastation it had caused. the hague congress which took place in 1948, bringing together delegates from all over europe as well as america and canada to discuss how to move forward from the after math of the second world war, was saw as a huge significant moment in time as it was to be the beginning stages of the european union. the european union which wasn’t actually formed and named until 1993 after much delegation from many countries is based on several international treaties which are all signed and approved by all of its members. the european union operates using inter-governmental decision making and with its three institutions creates new laws when needed for all its member states. once a european law has been passed all member states must implement such a ruling and this is where the uk and scotland may be influence i.e. uk in terms of reserved matters and scotland on devolved matters. the european parliament the european parliament which is elected every five years and composes of 751 members, the uk having 73 mep’s 6 which are elected to represent scotland is the only institution out of all three that has directly elected members. it is the job of the european parliament along with the council of the european union and european commission to makes laws on issues that concern the european union. the members of the european parliament (mep’s) are selected and elected using a form of proportional representation and use d’hondt formula as do the scottish government. the european parliament usually meet in belgium in brussels however there are monthly meetings in france at strasburg. members of the european union that represent scotland are not f

URL analysis for scottishaffairs.org


http://www.scottishaffairs.org/scottish-hospitals-set-to-have-no-smoking-legislations-enforced
http://www.scottishaffairs.org/how-the-court-system-in-scotland-works
http://www.scottishaffairs.org/privacy-policy-2
http://www.scottishaffairs.org/comparing-westminster-and-holyrood
http://www.scottishaffairs.org/wp-content/uploads/2015/11/no-smoking-area-designated-area-image.jpg
http://www.scottishaffairs.org/making-law-and-the-scottish-parliament
http://www.scottishaffairs.org/category/news
http://www.scottishaffairs.org/the-scottish-parliament-and-the-european-parliament
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http://www.scottishaffairs.org/privacy-policy
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http://www.scottishaffairs.org/the-scottish-affairs-select-committee
http://www.scottishaffairs.org/wp-content/uploads/2015/11/law-hammer-image.jpg
http://www.scottishaffairs.org/about-scottish-parliament
http://www.scottishaffairs.org/contact-us
medicalnegligenceassist.co.uk
nhs.uk

Whois Information


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Domain Name: SCOTTISHAFFAIRS.ORG
Registry Domain ID: D80150636-LROR
Registrar WHOIS Server: whois.melbourneit.com
Registrar URL: http://www.melbourneit.com.au
Updated Date: 2017-11-16T00:44:53Z
Creation Date: 2001-11-23T12:51:54Z
Registry Expiry Date: 2019-11-23T12:51:54Z
Registrar Registration Expiration Date:
Registrar: Melbourne IT, Ltd
Registrar IANA ID: 13
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: +61.386242300
Reseller:
Domain Status: ok https://icann.org/epp#ok
Registrant Organization: Private Registration AU
Registrant State/Province: VIC
Registrant Country: AU
Name Server: 1.NSEASY.COM
Name Server: 2.NSEASY.COM
DNSSEC: unsigned
URL of the ICANN Whois Inaccuracy Complaint Form https://www.icann.org/wicf/)
>>> Last update of WHOIS database: 2018-08-15T07:35:59Z <<<

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  REFERRER http://www.pir.org/

  REGISTRAR Public Interest Registry

SERVERS

  SERVER org.whois-servers.net

  ARGS scottishaffairs.org

  PORT 43

  TYPE domain

DOMAIN

  NAME scottishaffairs.org

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  CREATED 2001-11-23

STATUS
ok https://icann.org/epp#ok

NSERVER

  1.NSEASY.COM 64.37.52.252

  2.NSEASY.COM 64.37.52.254

OWNER

  ORGANIZATION Private Registration AU

ADDRESS

  STATE VIC

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  REGISTERED yes

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