Introduction to Scots Law | Harris Mahmood | Skillshare

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Introduction to Scots Law

teacher avatar Harris Mahmood, Law Tutor

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Taught by industry leaders & working professionals
Topics include illustration, design, photography, and more

Lessons in This Class

7 Lessons (1h 37m)
    • 1. Welcome to the Class

      3:06
    • 2. Why is Scotland important?

      13:42
    • 3. Who makes the Law?

      14:24
    • 4. Where does the Law come from?

      20:18
    • 5. Who decides a Case?

      15:31
    • 6. How do I become a Lawyer in Scotland?

      18:23
    • 7. What is the Future of Law in Scotland?

      11:54
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About This Class

Are you interested in working as a Lawyer in Scotland? Maybe you're about to do a law degree in Scotland or in the United Kingdom? Or perhaps you're just curious about the political and legal system of different countries.

This course is designed to give lawyers, law students or just generally curious people an introduction to some basic concepts in Scottish and UK Common Law.

It is taught by Harris Mahmood, a recent Law Graduate from the University of Glasgow, who will take you through the history and background of Scotland as a nation, its place in the world and in the UK and what the future of the legal profession may look like years from now.

Oftentimes Scotland is forgotten by the international community as just another subject of Great Britain however Harris will explain that not only have Scots had a historic and rich identity and culture, but there also huge societal and political changes which will create increasing opportunities for people across the world.

ABOUT HM LAW:

My name is Harris and I am Law Graduate from Glasgow currently working as a private law tutor. I make visually appealing, introductory law courses for students and generally curious people. My goal is to teach the law in an easy to understand manner and make legal education as accessible as possible.

USEFUL LINKS:

My Website: https://www.harrismhd.com/

My Newsletter: https://mailchi.mp/edad30abf112/law

My Youtube Channel: https://www.youtube.com/channel/UCkEwB7Qotogc0GGQyCUijdQ

My Instagram: https://www.instagram.com/harrismahmoodlaw/

Meet Your Teacher

Teacher Profile Image

Harris Mahmood

Law Tutor

Teacher

Hi, my name is Harris and I am a Private Law Tutor based in Scotland.

I have created numerous visually appealing, introductory online Law courses for students, graduates and the general public to watch and learn.

My aim is to make legal education as accessible as possible.

 

Check out Youtube Channel for lots more lectures and content:

Youtube - Law course snippets and previews and videos explaining key events in legal history

I also have a website which you can check out for more information

 

Subscribe to my Newsletter for early access and discount codes for all my online courses:

https://mailchi.mp/edad30abf112/law 

See full profile

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Transcripts

1. Welcome to the Class: Hello and welcome to this introduction to Scottish and common law online course. My name is Harris and I'll be lecturing you through the basics of the Scottish legal system, as well as some aspects of the wider common law system that's used in the United Kingdom. For example, in England, wales, and Northern Ireland. It's very nice to meet you. So who is this course him that many of you who will have purchases course may fall into one of the following categories. I'm about to mention. Images be someone that's very curious but Scottish law. So most of the time this will be end at undergraduate students, students who are a bit to do a law degree and a UK university. And so this is perfect for those students who want a grinding. A beginner's guide to Scottish law of just common law in general, like I said, more people that this could be suited to as a master students, people studying an LLM in the UK. It doesn't matter if your master's is in a and international law and a totally different field, just having a basic understanding of the British legal system is very important, especially if you're studying in the UK. For foreign lawyers, perhaps you have a lot of clients and the UK and Scotland. Maybe you have a similar common law system in your country. I know for example, Hong Kong was a common law system. They love to learn about the UK. This is excellent as well for you just to get, again, a beginner's guide, um, and of course, the general public, normal people who are just curious, you're interested. I know many people who are just very, very curious suggests interested in Scottish law and other legal systems. And for anyone who's looking for a career change, maybe this could be your your omen. So like I said, my name is Hadassah. I've done a Scottish law degree at University, at the University of Glasgow. A graduate student, ALB, graduates with a first-class honors, which is the highest degree you can get, and Scotland and the UK. And I'm doing this online course to hopefully connect with some people and help some people and their legal career. I also am a private law tutor and if you are interested and inquiries, please feel free to email me at horsemen with 10 at gmail.com. So let's go on to the course topics. The course will be very, very short, very basic. It's just to give you a very basic overview of Scottish law. So we'll start with the history of Scotland, quanta legal institutions, sources of law, Scottish court system qualifying as learners come on the future of law. And Scotland. Now, for people whose language, first language isn't English. And some of these words can be kind of like buzzwords that can be difficult to understand. So I've simplified it, which I will be doing throughout this course. Why is Scotland important? Start with the first lecture. Who makes law? Where does the law come from? Who decides the case? How do I become a lawyer in Scotland? And what does the future of law and Scotland? Just really, really simple. I love to simplify things. The law isn't as complicated as some people like to make a 2. Why is Scotland important?: Let's get on to the first lecture. So history of Scotland, Scotland important often Scollon goes under the radar. People actually can pick them up. They don't know whether it's just a separate country, if it's part of England. But people tell me that really England as the UK and that Scollon is a little cetera, province or region it's called. So let me give you a timeline of the Scottish people, the Scottish nation as one 1030 for after the death of King Malcolm the seconds. This discrete to the emergence of what was a Scottish nation, people felt Scott Moore, Scottish, they had an identity and a culture that's continued for a few 100 years until the end of the Scottish wars of independence. We're Scotland's defeated England and became a sovereign state. Falling from Scotland, becoming an independent state for a few 100 years again, Scotland and England decided to become one state, one kingdom. And this created the Acts of Union. So in 1770, Acts of Union repurposed. And this created what is now called the kingdom of, what was then called the Kingdom of Great Britain. And that's where you get this name, the United Kingdom. Then Scotland went through it. Fantastic transition periods. It was, the United Kingdom in general, flourished during the 18th and 19th century, often known as the birthplace of the Industrial Revolution, Scotland especially became an economic and intellectual parallels. There are many, many philosophers, many scientists, many inventors that where that came from Scotland. And they were able to discuss, and especially the universities in Scotland, Glasgow and Edinburgh universities. These were intellectual hubs, pretty much. So. Sometimes examples is Adam Smith, the founder of modern capitalism. Most people say it created the Wealth of Nations That's He bought and the sorts of sphere. There were many other inventors. For example, James Watt, the inventor of the steam engine, David Hume, another very, very famous philosopher. So there are many intellectual, very, very sophisticated, very smart man. I came out of the 18th and 19th century. Scholar was experiencing a boom, but social and political attitudes changed after the Industrial Revolution as the modern world began to take, began to take form. And this is when the Scotland Act was passed. And it created a separate Scottish government and parliament, mostly because Scottish people didn't feel like they were represented in England or in the wider UK. And you know, there was a very interesting story which I read about the creation of the Scotland Act. Scholars historically has been much more socialist compared to England. And so time and time again, they would vote for the Labour Party, which historically so Socialist Party. Time and time again, they would get a conservative government, which is the more right-wing government and England. And so they felt severely under-represented. So in order to remedy that, there was a Scottish government and Parliament. This never went far enough. People demanded a referendum, and Scotland, and in 2014 there was one. What's 55 percent of people decided to reject Scottish independence. And so Scott remains a part of the United Kingdom for the foreseeable future. So let's compare Scotland to other, I would say, maybe categories of states or regions or provinces. So we have Scollon tier. People are often confused as to where Scotland fits and to the, the world, I guess you could say. So we have Scotland here. We have a sovereign states. Take your pick, China, France, whatever. And we have provinces and regions, right? So you have many different provinces, regions within a state. So I just call them compared to both of these. Well, it is actually different and it's somewhere in the middle actually. So. And a sovereign state, citizen qualities of a sovereign state. So they're fully independent of other nations. Fill their full control of their borders. Who comes in, comes out, what comes in, what comes out at a full regulation of their monetary system, their economic system. And they have the right to negotiate and enter treaties and agreements on a diplomatic skill. Examples would be China, France, and Pakistan. So compare that to a province or region. Normally a province or region without limited autonomy and regulation. Its culture and its identity are often quite similar to central state. Of course, that doesn't apply to every single province or region. But I'd say the majority within a, within a country. But their cultural identities often some notes the central city take for example, Guangdong Province in China. They're not pushing for independence. They have very, very similar culture to the broader Chinese state. Yeah, like I said, they're really pushing for independence. Mostly because of either because of culture or practical reasons. They probably just can't be self-sufficient economically. So examples we would see as Ontario province in Canada or Texas at the state and the USA. Scotland. And comparison to both, somewhere in the middle, it contains its own parliament and government. And it's regarded as a separate state but contained within the union. This is probably the best definition of Scotland that I, that I could find. Separate state within a union called the United Kingdom. The same way as England as a separate state. But within the union of United Kingdom, Wales, Northern Ireland surfaces within the union of the United Kingdom. And presumably that union has to be beneficial for these countries. Otherwise, there will be some changes. And it's columnar. She has wide-ranging lawmaking powers. But compared to southern states, it has no right to enter treaties or control borders. Very controversial considering the Brexit referendum, which we will discuss later. Okay, so. A little bit Scollon having in some of its own power. What does this mean? Well, it's this thing called evolution. So evolution is the process whereby Scollon has a number of powers, devolved powers, which it is able to legislate upon. So the volt power is a power that's given to Scotland by the United Kingdom. The official toggling, I guess you could say, as everything in Scotland or sorry, every law is devolved unless specifically reserved. So Scollon can legislate on everything. Unless the UK government says, no, you can't. This is false. So let's take some devolved powers. Here is from reserved powers. So examples of some devolved powers, our education, things in education, health. And interestingly, so education systems and England and Scotland are actually different. It's different year groups, different stages of when different exam system, for example, the NHS, which is the wider British system, is different states have different procedures and an internal rules. And Scotland and some would say veterans home transports. So we have our own train system, their own POS systems and, and laws to deal with crime and policing and these kind of things. So these are the kinds of laws that you will probably encounter every day. So day-to-day laws, they are run by Scotland, the ones that affect people every day, reserved powers, our foreign policy, whether we go to war or not, immigration, that's a very controversial one. So that is run by the wider UK system. The Constitution doesn't have a written constitution. There is an unwritten constitution that dates back from centuries. But in general, laws regarding the constitution are dealt with by the British government and the civil service as well. Okay, so often people ask me when I tell them I'm from Scotland, they asked me, well, what is the difference and why do you hear? And I'll tell you, right. So since the 80s, differences in the political and social attitudes between Scotland and the rest of the UK have become increasingly apparent or include increasingly different. So these are a few issues where Scotland, England, or Scotland and Wales don't see eye to eye on. So one would be identity. So recent polls of 80 to 85 percent of scores feel Scottish as opposed to British. Don't feel British. If you Scottish. Someone just asked me my nationality on a on a on an application form. A 100 percent of time I always put Scottish. And that's same for a lot of people I know. And this has to do with this sense of identity that I, that my environmental Max society has created for me. And nuclear weapons, very controversial issue. So 46 percent of Scott's are against holding nuclear weapons computer, 36 percent of English and Welsh people. Well, this is important because Scotland's, sorry, the UK's nuclear arsenal, at the majority of it, it's held in Scotland, actually 20 or 30 minutes away from my house. And so this is very controversial. The, the holding and the storing of nuclear weapons. And of course, because they're so disruptive. And you can imagine, God forbid, if there ever was a nuclear war between the UK and another state, another state would definitely be trying to target the area where the UK holds its nuclear weapons to diminish supply or, or, or whatever. And so Scollon suddenly becomes a very easy target, almost a direct target. The other issue, the third issue that's very controversial, the European Union. So in 2016, the UK held a referendum to withdraw from the European Union. Did bought 62% of Scots voted in and the EU. And this has caused our renewed energy for another independence referendum. It's caused a lot of a lot of animosity between the Scottish administration and the English and the British administration. And we'll see what happens in the future. And generally taxation, this has been a big historical issue in Scotland. Again, I told you it was much more socialist than England who has a socialist past. And SourceForge, 4% of Scots have fever increases in taxation compared to 36 percent and England. So Scottish independence to spoken a lot about the implications and what happened and how did this happen, why this is happening? So let me give me a very brief rundown. But in general, if there was any sort of timeline, if there are any sorts of summary of the last six or seven years regarding Scottish independence. Scotland voted against independence. But the few extremely Scottish, Scottish people feel extremely Scottish, but they don't necessarily want independence. Now I'll tell you why this is the tagline here. So in 2014, Scotland voted against independence and 55 percent voted to stay in the United Kingdom. But in 2015, just one year later, the UK held the general election. And the scotland is allocated 59 seats. And the UK Parliament, the S and P, the Scottish National Party, managed to win 56 of those 59 seats. And the reason why that is significant is because the S and P is a pro-independence parties. So why was it that to seem people didn't want independence also voltage for a pro-independence party. Well, the reason, like I said, is that they don't necessarily want independence, but they do once they are cultural identity to be represented. Perhaps on a global stage, not just in the UK. As of tenth of March, 2021 pulls, they do constant polling, but Scottish independence, they showed that 41% would vote yes, 43 percent would, would vote no. And 14 percent are undecided. So things haven't really changed since 2014. Independent even after Brexit. And independence is not a sure thing. And it's pretty much even pretty much equal. That concludes the history of Scotland. Here is a book for further information about the Scots legal system. Talks about the history of Scotland as well. I'll see you in the next lecture. 3. Who makes the Law?: Hello, Welcome back to this introduction to Scottish and common law course. Again, just to remind you, my name is Hadassah, and this is presentation number 2. If you've not checked her presentation number 1, it's on the history of Scotland. You can go back and take a look at this. So number 2, we're talking about legal institutions. What does this mean? Well, who makes the law? People in charge? Who do we elect to do? We give the power to make the law. So institution number one, the UK government. So when I say who makes the law, I do mean who makes a law in Scotland and the UK government is a massive part of who does make the slope. So UK government, it's referred to as the crown or Whitehall. It's given the name of the crown. The crown is a historic term. This was the name given to the people who made laws and historic times when the royal family was in charge. So when they were kings and queens, they would have the power of the crown. And they would be able to make laws and decide what they want that prefer. The crown has now given to the UK government because they are elected. The royal family no longer has this. It's also informally called Whitehall. Why toll is an area in London where many of the UK government offices are located. So in the media often it's referred to as a white hole. The UK government itself consists of the British Prime Minister and the rent. 25 senior ministers are these people called Secretaries of State. And currently the British Prime Minister, Boris Johnson. It's made up of the party or the coalition of parties which has a majority. And the UK Parliament will look at the UK Parliament later. But just now the party with the majority in the UK, it's the Conservative Party. So the second institution that creates a lot of the laws and Scollon as the UK parliament, there is a common misconception now, but Britain, that is a 100 percent totally democratic. That is not true. The UK Parliament is comprised of three chambers. At the first one is the sovereign, at the second one is the House of Commons, and the third one is the House of Lords, right? So we'll look at the sovereign festival. The sovereign is the British Royal Family. And this exists largely, largely out of tradition. The UK was a monarch system a long, long time ago. And this has never been abolished, right? So this is continued all the way until history. And the Rho family continues to exist today. So you see the queen, Queen Elizabeth I. She normally walks around going to different countries. He's a bit of a diplomat, preserves the tradition and the history of the UK. At the second branch is the House of Lords. Now, this is an unelected branch of parliaments, and it consists of around 730 peers or members of the House of Lords. And they're not appointed. Based on any votes, any electoral system, they're appointed based on their own expertise. So a lot of the peers in the House of Lords are normally at the top of their industries, for example, in business or finance or these kind of areas. Um, and so they're often elected to give their opinions and their expertise and put the do have low passing towards. So they can, not only can the proposed laws, but they also have power to debate it and sometimes to amend the law, which is quite controversial. They are, the end of the day, they're not elected by the general public. But it is how the UK system has operated for many, many years. Interestingly as well, with the House of Lords, some peers are, some members of the House of Lords are actually hereditary peers. So that means that their peers, because their fathers or their mothers were also peers. This branch wasn't already controversial. And it certainly is after people find that some people are only there because their appearance, because they were born to a rich family or are born to a particular family. So it has the largest as historically or at least in the modelling. And I've been a very controversial branch. And the UK, and the elected branch is the House of Commons. This is the one that grabs most of the attention. This is a, so this is the electric elected branch. There's a general election every five years, and there are 650 MPs are members of parliament, and Scotland has 59, so it's represented by 59 MPs. The reason that it only has 59 is largest stable population. So the population of the UK as a whole is around 60 million. Scotland's population is only around five or 6 million. So it's very, very, very small compared to England. And some people don't know this, but London has a higher population than the, and the whole Scotland. And so you have to weigh up the number of MPI, is that any one region is able to have. So Scottish government, That's the government in Scollon, the other institution that makes the law and its official name is the Scottish administration. It's made up of, again, the majority or coalition of parties, but the majority in the parliament, the Scottish Parliament, and consists of the first minister, which is Collins equivalent to the prime minister under and 11 senior ministers are again Secretary of State's states, I guess you could call them. You'll see in the picture that is Nicholas surgeon. She is the current forced minister. And Scotland, she is generally quite popular, at least for now. And January. Her approval ratings are often higher than the British Prime Minister. I've met her numerous times. And what I noticed with her as she loves to interact with young people. So from the majority of our political career before she was props first minister was harvesting schools and different events, especially in the ethnic minority community. And so she has done a lot of worksheets, kind of this new age politician that appeals to young people. And especially during the independence referendum, she used social media very well. So she was always there taking selfies with kids. And especially 16 year-olds who were given the vault choose they're taking selfies golden. And this engagement with youth as something that isn't normal for politicians. Often they don't engage with the US as much as they've maybe should do. So she is very popular, especially with young people. Scottish parliament. This is the other institute, institution, one that creates a lot of laws, so referred to as Hollywood. Hollywood as an area, a beautiful area. And Edinburgh, as you can see from the picture, where the Scottish parliament is located at, the picture might not be the best representation of Scottish Parliament, but it's actually a very beautiful, it's a very modern building. It was only created in 1998. And so instead of the sort of historic architecture of the House of Commons in England, the Scottish parliament is modern. It has consists of only one chamber. So compared to the UK Parliament that consists of three, this only has one, it's fully elected and, and there's a 129 elected MSP, so members of Scottish Parliament. So another institution is the thing called the Council of Europe. Very important. Do not get the mixed up this particular institution mixed up with the European Union. The Council of Europe is set up to promote and ensure compliance with human rights and has 50 or 50 member-states and it's institution, the European Union as an economic community. We'll get onto that in a minute. That only has about 26 member-states. The ECR HR treaty, which is the European Convention on Human Rights. That's the most important human rights treaty that is implemented in the UK and call him through the Human Rights Act, 1998. And any disputes about human rights are settled in the European Court of Human Rights that's located in Strasburg and France. Now, interestingly, I was speaking to a Russian lawyer and, and he rushed and human rights lawyer, extremely well respected Russian human rights lawyer. And he told me that although the Council of Europe's job is to ensure that all of its member states are complying with human rights, which means that the laws must be used in the home countries. He told me that, for example, in Russia, the same cases are rehashed over and over again to do with torture or homosexuality, gay marriage, these kind of things, these cases are just rehashed over and over again. Instead of setting some sorts of precedent, there really is a little bit of a gap between the theory of law and the enforcement of law. And some countries, I think it's in general. And the UK complies very well with the ECHR. Some people may disagree, but a complies much better than some other countries. For example, Russia as, as this Russian lawyer told me. So the other institution which we'll find out is no longer applicable is the European Union was applicable for a long time. But the European Union is a community of states and it promotes economic and social cooperation. This was created in the aftermath of World War II at pretty much to ensure that countries stopped fighting with each other. They cooperate with each other or socially and economically. To create a more peaceful world consists of 77 different institutions. They all have different roles that they play. It's sometimes extremely boring to learn about this during, during university, a pot the UK joined in, UK joined the EU in 1973. And the fishery left on the 1st to January 2020. So this particular institution, as no longer relevant and at least not from a contemporary point of view. And Scotland or in the UK. Finally, just a quick note on the monarchy, right? So this is the British Royal Family. So there is a misconception that the royal family still has power. And the UK to either decide laws or make closer amend loads. The royal family is largely a cerumen, ceremonial institution, and it's more for short and for any practical purpose. It's, it's been replaced. The power of the monarchy has been replaced by democratic institutions. And there is the thing called a constitutional convention, which ensures that the monarchy had no legislative lawmaking power. A Constitutional Convention as a contract, right, unwritten contract and society that states that they would like to be represented by elected people instead of the royal family. I guess that's the best way of describing a Constitutional Convention. And the queen does have one power, it's called The Power of royal assent. Royal assent is basically when a law is passed or an Act of Parliament is passed. And the Queen basically has to sign off on this in order for it to be passed. This is one of the requirements. And if law is to become a valid in society are active, right? And so when I was in university, someone asked my professor Tom Nolen, who's extremely well respected professor and constitutional law. Someone asked him, well, what if one day the queen decides, no, I don't like this law. I'm not going to sign this. Go and change this and debaters. Well, he said yes, theoretically that could happen. Absolutely. But because of this thing called a constitutional convention means that if the queen were to do this, normal people such as me would be pretty angry because the Queen is not elected. And so he said that the queen loves her colonies. She loves her cucumber sandwiches are big, palace. And Westminster shall also walks in the garden. So to ruin that by not signing off on a law, but should and turn anger society. And society would then say, we want this monarchy abolished 32 blocker laws. I think she would rather not whatnot. So she, she has a good life. The royal family has a great life. And they would rather just sign off on whatever parliament says. Whatever parliament says is good for the people. And there was a scandal a few years ago, the man named Prince Charles, she is the wife of the queen, Queen Elizabeth, member of the royal family. And Prince Charles is identify the sending letters are private memos as this, as they say, and to some British politicians and giving his opinion on some issues and legal issues. So a lot of these topics included genetic engineering or some social welfare policies. And these memos that were sent to the British politicians created a massive gushing in the UK about whether the monarchy was entitled to get their opinion on the truth is nothing came of it because once they once letters were actually published, it was found that they were mostly harmless. When you reflect on other people, unelected people meddling and politics are sending private letters. I think the impact of Prince Charles sending a few handwritten notes, too few politicians, but very small social issues has nothing when you compare it. Party donors to donate millions of pounds and influence politics that way. I think it was hugely vulnerable, that proportion, when you think about it. That so in general, the monarchy doesn't have any real power to make laws. But they're great for taking a few pictures. I say Buckingham Palace, the gray for the solar stove for tourism. And so most likely this is why it's still remains. 4. Where does the Law come from?: Hello and welcome back to Part 3 of this online course on introduction to Scottish and common law. So in this lecture we're going to be talking about sources of law. What does this mean? Well, where does the law come from? Doesn't matter where you're watching. Whatever country you're in. There'll be a legal system and which you'll be looking at where your law actually comes from. So I don't mean those institutions that we spoke about in the last lecture, such as parliament or government. I mean the sources, right? So we are, is the law located. And Scotland, we have a thing called a mixed system or a hybrid system. And what this means is that whereas in a civil law country, you, the law is located in what would you, what you would call a civil code or, you know, a bunch of, bunch of laws in section 3.2 bubble about Scotland has, in addition to this, it also has a common law system, and this is what makes up our major sources of law legislation. So the idea of a civil code, and it's also judicial precedent. Judicial precedent being every single case that moves on the sides, the law for that time until another case, we'll replace that or until legislation will replace that. Okay. It's a little bit complicated. I don't want to go into too much detail about it, but there are many online resources that explain what common law is and how it functions. So these are the major sources and Scottish law, it's a hybrid system. And England, it's regarded as a pure common law system. However, it also uses a lot of legislation, so it is a bit confusing sometimes. In addition to the major sources, there are also minor sources. So the minor sources are not extremely important. And, but these were some sources that have been used to interpret the law in the past. I mean, the majority, I would say almost 99 percent of law is located either within legislation or, or judicial precedent. And there is a ranking of the most authoritative pieces of law. So what this would mean that in theory, the area of law, number one is more authoritative as more important than number 2. Number 2 is more important, the number three, number four, baba, baba, baba. So there is a theoretical ranking that some scholars have created that created the ranking and Scottish law. But what's the most important piece of law? What should people really follow? What should the government really follow? So I'm not going to go, I will go through them, but I'll just show you the ranking quickly. So the first one we have conventional. So the most important would be the European Convention of Human Rights. That's the most important in theory. That should also include international conventions, peace treaties, agreements, these kind of things. Community law is the next one. That would be now be specifically European Union law or F. Theoretically, hypothetically, if the UK was to join another economic community, and that's not the European Union, then this would take precedence. So this is for EU law. Of course, we've left the European Union. So that's why this isn't black, because it no longer applies. Now. The third one would be UK law, which is from the, from the UK Parliament. The fourth one would be Scottish law. The first one distinct called delegated legislation. I'll touch upon this later. And then we go on to judicial precedent, right? So what you can see is that legislation, as in theory, more important than cases. Cases are used secondary major source of all. But above all else, what is written? Section 3.2 states that baba, baba, baba, that's really important and cases are normally used to interpret and be more specific. So the first major source of judicial precedent is precedent that doesn't have any wage legislation. That would be a case where there is no legislation to back it up. So that would be become law. You have higher courts of law courts. So whatever the higher court says, their judgment is more important than the lower core. And any decisions that are made earlier are more authoritative or more important than the ones meet later. And then the ninth ranking as minor sources, just all the ones that we spoke about it before. So that would be prerogative institution works and customer touch upon them. They don't have a ranking. They, because they're minor. The sporadically even though this idea of a ranking exists in theory. So in theory, Convention Law should come above UK law. Uk law should cover both Scottish level. In practical terms, this isn't always the case. Because if I'm a citizen of Scotland or say for example, I'm a citizen of the United Kingdom. I would, I would be more inclined to be bound by the laws that are made by the UK government and the Scottish government than by laws that are made in a totally different country, right? So for example, one of the main reasons for Brexit from the major reasons was that a lot of the people wanted their laws to come from the UK where they pay taxes. They wanted their laws to be decided by people who are similar to them, had similar backgrounds where they didn't want was for laws to be decided in Belgium and the EU parliaments, right? And Brussels by French people feel from Czech Republic, Romania, that's what they definitely did not want. And so this is one of the reasons for Brexit. So although in theory, there is this ranking, practically, what human beings feel is much, much, much more different. So I, sometimes, I'm more likely to follow law if it's told to me by the Scottish Parliament, benefits told to me by the British Parliament. Just because I feel more Scottish anti-British. And it'd be different for different people. So it's very interesting. Okay, so the first type of the number one rank to do with laws, convention rights. Like I said, the European Convention of Human Rights, ECHR is most important, I would say, because all its articles are implemented in the UK through the Human Rights Act 1998. And as you'll see. All laws in the UK must comply with the ECHR principles. What this can do sometimes is create a conflict with the existing UK close. So if you have a bunch of human rights articles and they're not very specific, then this can create some conflicts with, some, with some UK laws, existing ones. What's really interesting is that I have a Chinese student tutor and he told me when I show them this slide that I explained this to him. He said, he told me it's amazing how much the UK cares about human rights. It's amazing what this, why there is such an obsession. Human Rights, it's so important. And that was very interesting because for him being in China, where there is a very, very different attitude to human beings, right? So you would say that in Europe or in the West, we have more of an individualist attitude. The rights of the individual is much more important. What the individual fields is much more important. Whereas in China and Eastern culture and I know this because my parents are from Pakistan. And so they have this mindset. There is more of a collectivist culture, more family oriented. It's not about what you feel all the time. It's actually the collective fields, your family, your community, your society as this facet. And this is fascinating because often in the West, look at many of these countries from our own perspectives, our own individualist lens. We think, oh well why is there no human rights law in China or in Pakistan or India onset Rabia? Well, it's because really that society might not value it as much as we do here in the West. And so guess is reflected in the law, this is reflected in the legal system. That's why there's more valued, so much value placed upon human rights in the UK. So the second one now discontinued community law, which is the European Union law. Previously, the UK had to implement all EU law into its domestic system. That is a condition for joining the European Union. But as a force January 2021, that no longer applies in the UK because of Brexit. What's interesting is delete the legacy of EU law is going to remain within Scotland and the UK. And because you know, the laws already been implemented, right? So a lot of the people they become accustomed, they've become familiar with laws created by the European Union. And they might even think of it as British law. Now, right? It might even become, might even become kinda ingrained within British society. So they, those laws might not change, but there are many, many areas of law which will change because a lot of people weren't happy with them. Wanting, I can think of is maybe the Common Fisheries policy. Many people were not happy with the regulations or the directives are created by the European Union bit regularly, the UK's fishing. And so a lot of those will change in the future. Uk law from the great British government, its laws passed by the UK Parliament. And the UK Parliament has this thing called parliamentary sovereignty. It's a constitutional principle. And what parliamentary sovereignty means as that, because the UK does not have a written constitution, it has different constitutional principles which just exist, I guess you could say in our minds or in society in general, right? But it's not written anywhere, it's not a physical thing, it's undermined. And one of these principles of parliamentary sovereignty. And parliamentary sovereignty as the idea that parliament, UK Parliament can create any law, that's it once without limitation. Theoretically, practically there are many weapons limitations. For example, a parliament wanted to say that all Ginger people should be sent to the Amazon rainforest and put this into law, then that is low. Now theoretically they can do this. Practically. This would be absurd. It would be absurd. Ginger people, I'm not sure. But similarly, f, the UK passed, the UK Parliament passed a law saying that mobile phones are banned in Argentina. Then it can do this. Now again, practically that can't do this because of becoming a few go to the Argentine to do that. I don't think are intending people will be very pleased straight. So it has no way, no means of enforcement. So this makes the UK very, very interesting system. It's not burned by constitution implementation. And Scollon will depend on whether a mattress default or reserves. You can go through the first lecture if you don't know what devolved in reserve Naltrexone. Okay. Scottish law. So these are laws passed by the Scottish parliaments. Normally these are laws that affect the daily lives of Scottish people the most I talked about this in lecture one, where I said that a lot of the devolved powers that's called an house, they affect people's daily lives. So right now if I was to show my laptop and coincides the laws that I would want to be done by the really affect me. As for example, if I was to get robbed, I want to know what the law is, how Robert will be punished. I will get my things, but these are things that Scollon should be regulating, probably not the UK. For example, how much is my train fare going to cost? Should it be nationalize a privatized? Scottish people should have the right to decide this. Not really angered, um, and so this is why we had evolution. And so these laws affect discouraged people the most. And again, these primers were granted by the Scotland Act, 1998. Okay, delegated legislation. What is delegated legislation? Legislation is legislation that is created without parliamentary approval. So it's essentially when Parliament wants to create laws are on the government. Sorry, even when Parliament wants to create laws, to end up often debated for a few days, depending on how entities. Debates can last for a long time. So the often debated between themselves and lamented Doolittle amendments, and then debate those amendments and individuals takes a long time rates along process. But what it normally ends up is this. It's the law when it is passed. It's well photos. It's democratic and it takes into account the views of everyone in society. The problem with this is that this is a very, very long process, sometimes a very costly process as well. And if you want something to be passed quickly, you can't keep debating it all the time. So this is where delegated legislation comes in. Delegated legislation allows for laws to be passed very, very quickly by the governments. They don't need to debate this. So right now we have a conservative government and power. They will have the power of delegate. Some of some areas of dedicated delegated legislation, there'll be able to just Create these words, remain silent into motion, bang, bang. So we're debating it with different politicians, getting into lots of discussions and, and focus groups and this kind of stuff. I delegated legislation. It's not only the government, the central government has the power. Local authorities, local council's, they have the power of delegated legislation but debating it all the time. Now again, that's controversial because there is no debate. It's not technically democratic, but it's absolutely necessary. There's no way the men of laws that get passed every year, there's no way they can all be debated. We'd be here forever and a few, and society changes very, very quickly. Sometimes cited changes rapidly, and situations change rapidly. So you, the bid every single law you need to possibly one day, two days something. Okay. So this is where we get into judicial precedent. I am not going to go through a very, very detailed explanation of a precedent or judicial precedent. I would recommend maybe I'll make a separate online course for this, but I would recommend watching some YouTube videos or some articles are doing some research on precedent, how this works, what is, what is case law, right? This is where we get into precedent. So there's many forms of Preston. The highest rank one is precedent with that legislation. Now, this is when judges gave judgments and the create law in areas where there is no existing legislation. That means no parliament, no government has created a law. Judges have the power to create this law. And this President will become law until parliament decides. And I think we should probably make legislation regarding this, right? So this is the most important type of question. You might be asking, well, what gives judges the right to make law for everyone in society? That's a fair question. That's very controversial as well because these, these judges are not elected. They're very, very intelligent, but they're not selected. But they do mix rules for the majority of society. And so it is one of the drawbacks of a common law system that this can happen. Like I said, you know, there, there's drawbacks with every system. President does allow judges to be quite flexible, and it takes a long time to become a judge. So the second type of precedent, and we're going to speak about it as higher courts of law courts. So this is when a judgment that is passed by a lower court is replaced by a higher court. This is where a higher court would be able to amend the judgment that is created by local, normally the higher court as the appeal court, right? So in the next lecture, we're going to be talking about court systems and structures. So what you would see is that lower courts will give a judgment, but higher courts have the authority to replace those judgments. And there's also earlier precedent over later precedent. So what this means is that if there's a conflict between two judgments, so see, there is a case from 1945, and then there is a case from 2015 on the same issue. The earlier judgment would take precedence, would be more important than the literal one. This would be more important because the entire idea of case law is that it's consistent. There are no contradictions, right? So. Is this, you would obviously have a consistency. Now, the flip side of this is that, well, maybe we should take the literal one because that is more likely to reflect modern society. However, that's a valid argument. However, after was a law that was so important that it did not reflect modern society. Most likely, they will already be legislation and place. And so that will take precedence over any case from 1945 anyway, right? And so the idea is about consistency. You always want to be consistent. And finally, we have the minor sources of law. So just going to very quickly go through all of these. So they're not very important, but it's good to know them. The first one is the royal prerogative. Now I said in the previous lecture before, the UK was ruled by kings and queens, there were, the monarchy was able to pass laws on, create laws and do what they want. And they will given this right called the royal prerogative. So this was their historic rate to create law and whatever area it would exercise the royal prerogative. They are, I guess you could say they're royal, right? To make whatever laws. And no, that doesn't exist, or it does still exist in theory, but it's never exercised. Athletes exercised, it's exercised by the government. The monarch wouldn't exercise this anymore. Institutional ratings is the works of the most respected philosophers and Scottish law. So a long, long time ago, for example, in the 18th and 19th century, many of these philosophers were able to study in many different areas and create sort of a moral system, a maroon and illegal. And they would write these books and they will give their opinions on these, on these areas. Eventually these same books and same ratings of these people were just transcript and to legislation in modern-day legislation. So the most important of these philosophers was a man called James Tao ren kou, ek, vacant stare. And he is the most well-respected and well published institutional writer and Scotland. And actually a lot of his teachings are still relevant today because they gave you the foundations for law and Scotland. It's fascinating and really, really interesting. And if you ever do go to Scottish law school, a 100 percent there will be a building or a room or something named after stare, right? Something will be named after stair. He's not relevant in Scotland. And the third type of law is this thing called custom. Custom is actually quite easy to understand. Just think about the general social traditions that exist in your society. I'll give you an example. If I meet my friends, we have a custom between us that every time we meet up, I would shake his hand, right? If I do this for consistently for 45 5000 hundred, fifty, two hundred years with my friend and shakers. And every time it would become so ingrained within us that it would pretty much become law. So if one day he didn't do this, I would say y of Michigan my hand, because it's pretty much become law. Now imagine that scenario. But within society on different issues on a much larger scale. So these are customs, general social traditions. People regard them as law. They don't have to be written them. They're just in our heads. And for references again, Scottish ecosystem, excellent book by McQueen. Next lecture we'll be talking about is comScore system. 5. Who decides a Case?: Hello, Welcome back to Chapter 4, part 4 of this introduction to Scottish and common law online course. And next lecture we are going to be talking about the Scottish court system. Now, the problem with courts is that they're really fun to go to. I'm, you see these big massive buildings, a bag portraits, the marble floors, the pillars. It's amazing. It's like something out of ability. But learning about them as super boring. And I found that really boring and university. And the problem with learning about a code structure, specific things that courts, is that it's actually not a very good way to learn about court structure. So I would say that after this lecture or following this lecture, if you really want to learn a bit, Scottish courts or British courts come to the UK Communists column that might not be easy, but the best way to learn is by actually visiting them, actually visit the courts, practical experience, practical knowledge, and otherwise it can get a bit boring. But regardless, let's go into the court system just to get a brief overview. But how Scotland works, who decides a case? Suicides cases, right? The Scottish courts. So we have two different systems, very similar to a lot of countries in the world. There is a criminal system and assemble system. The criminal courts deal with, as we will see. So the criminal courts deal with crimes, murder, rape, etc. And the civil courts will deal with other issues such as contracts, Thanks, money on normally, and divorce, et cetera. Okay. So there are some features of the Scottish criminal court system which I'll go through. So in Scotland, the criminal courts, there's two types of procedures. The first one is summary procedure. And this is basically when there is a judge and he will just make a decision on a case without the help of a jury. All right, So you'll see jury is normal in American movies. Jury of 12 people were 14 or 16 people, and they often decide a case. And so the summary procedures called there's no jury, but we do have a solemn procedure and there is a jury. Ms1, the vast majority, I think something like 98, 99 percent of cases are by summary procedure. It's just so much quicker. And the solemn procedures are reserved for really, really high profile cases, high-profile murders and assaults or something like this. So they're the ones that are reserved for juries because it's much more expensive and takes longer. So somebody procedures a super-quick, they're cheaper and you just get them done quickly. And often. If no crime is new under the sun, right? Nothing new under the sun. If someone's assaulted someone, very likely. There'll be a case from before that, and you can just take the same punishment and use it for this guy, right? So it's very easy to do. Okay, so there's some key points about the Scottish criminal system. So a prosecutor is the one that decides which case goes to which core, as we'll see. And there's no right to a jury trial, right. So it's been cotton, we don't have a right to trial by a jury. And here are some other features of the Scottish criminal, just Scottish criminal law in general. So all evidence will require corroboration. Corroboration is when you have more than one piece of evidence, right? So for example, if I was to someone wants to steal my phone, right? In order for me to prosecute this guy, you would need two pieces of evidence to eyewitness accounts for something like this, right? This is very controversial because although for these kinds of crimes, whether it's probably in public, there's a lot of witnesses, there's a lot of circumstantial evidence. It's easy to corroborate. For other cases, it's not. So another one would be, for example, sexual assault cases. A collaboration can require, can cause a lot of problems because you might have the witness statement from the victim. But often it's difficult to, because there are no witnesses for these types of crimes. So difficult to prosecute these crimes. And the verdicts, unlike other criminal system, there's not just guilty, not guilty, it is also not proven. So the effect of a not proven vertex is the same as a not guilty. The, whoever the criminal, as I guess an escape gets let off the hook. There is no charge, but it just means that the jury or a judge couldn't prove it. He couldn't prove guilt. He can prove lack of goat. He just couldn't not. Right. I there's also no Criminal Code, penal codes and all civil law countries, there will be a criminal code sing section 3.2 states that below. That's not like that and it's called, okay? Okay, So there is a hierarchy of courts. Courts are more important and that take on more and more important roles and more responsibility. So you would say that in the criminal court structure, the least important court would be the justice of the peace courts. At the next one of your sheriff courts. And the next one will be the High Court of geostationary. And again, they appeal to different courts. So the sheriff and the Justice of the Peace Corps, they appeal to the High Court at the top. And high court has no right to appeal after that, right. That's the High Court says something that said Stone. Okay. So just so the peace courts, the normally deal with minor or petty crimes. Goods that have been stolen, shoplifting, these kind of small crimes. And the middle for GPs who were actually voluntary members of society. And when I say they're voluntary members of society, I don't just mean things like retired lawyers are people who don't a law degree and who go into working in this area. I have an uncle who was a JP. He owns a franchise of sandwich shops and Glasgow. He does that full-time. He sell sandwiches. Part-time. He's he's a GP. He actually Josie, I think he puts on the gain, goes into the JP courts and, you know, it doesn't have a gavel, but IV push people away and gives fines and it's crazy. It's fascinating. But it's absolutely necessary because the GP deals with so many cases every year. So as you can see, it deals with a third of criminal cases every year. A high volume of cases. And it's able to do this only because there are voluntary members of society. Normally they would have a complete background check. It also goes through two months training course on Scottish law. But they're voluntary members of society in every single area. That can be doctors and physicians and teachers who are just GPS. We want to give their breakfast society. Um, so yeah, people like my uncle. Okay, so the next chord would be the sheriff courts. They deal with slightly more serious crimes and they have the power to send people to prison for a longer period of time is rho, and give higher fines. And they are actually made up of legally qualified judges. Proper judges have had low degrees of studied and practiced in law. And they deal with the majority of crimes that you have to two-thirds of criminal proceedings. The first time I ever walked past the sheriff courts, I was going towards in Glasgow, Glasgow central Moscow, and it's right next to the share of courts. And Glasgow. First time I was walking to go to the mosque for Friday prayer. And I will cost a shared core. And it was a man was walking outside the doors of the court and his family and his friends role they are news. He's wearing a filled gray tracks and as he came out, he lifted his arms up, inserted free down. Right. So that was my first impression. First memory of the sheriff courts. And clearly it was a very happy man. So your house very interesting. Let off some serious discussing tortious model. So High Court of Justice tertiary, is the final court of appeal, and it deals with the most high profile and major crimes. Mergers, CDO colors, which is very real for Muslim mergers and very high-profile crimes. And they are made up of legally qualified judges as well. And often, it's very, very difficult to become a high court judge unit. A lot of experiencing to be really, really passionate about criminal law. And so these people are, you probably say, some of the smartest people within the legal profession in Scotland. It's very, very highly esteemed. And they have a very, very small caseload, only about 600 cases per year because there's a lot of time, a lot of money, and the cases are very complex as well. So the next area of law we have is several courts, several chords, There's a few points. So the civil court system is partially shared with the UK. So Scotland shares some of its civil courts with the wider UK system. And this means that there's a bit of cooperation between the two. And it consists of both general courts were all sorts of cases. It also a special court, specialized courts. And some of these specialized courts. So, so some of these specialized courts are called tribunals. And in these tribunals, they are created because there's so many cases every year. So for example, you have an emigration tribunals because there's so many immigration cases every year that they had to have special building. Pretty much a special court only decides these cases, employment as well. So many employment cases that you have to have a special system for this. And otherwise, the normal system will just get overloaded. There's also a hierarchy here as well. So you remember the share of courts before the sheriff court doubles up both as a criminal and assemble. The same building will have criminal courts and civil courts. And that guy in the truck, I don't think it was a civil case. I'm pretty sure that was the case. You don't share it freedom after winning a civil case. And so sheriff courts as the first quartile. Then there's the Court of Session. And then you have the UK Supreme Court That's in London. And there's different rights of appeal at every stage again. So let's look at the sheriff courts. They deal with a wide range of civil cases. Normally it's pretty easy ones. You'll deal with the easy civil cases. Legally qualified judges, like I said before. And the cases will often overlap with the court session, which is the next court. But a much more simple, like I said. This is the Court of Session and it deals with the most complex civil cases. So we're talking very, very complex divorce procedures, very, very complex contractual disputes between companies or businesses, to really, really hard cases, right? And again, it's made up of legally qualified judges, and it consists of the Tetra House. She's the first instance oogonia and an, an appeal court, the inner house as well. Where, again, much like the people, the criminal judges who are in the high court, the judges are in the courtroom session or again, some of the most esteemed, some of the most intelligent Georges and Scotland. So really, really intelligent people dedicated her life to the law, which is really interesting. Um, and then finally we have probably the most exciting and most interesting quote is the UK Supreme Court. It's the reason why it's so interesting is because it's the highest court and all of the UK deals with the most important cases in Britain, in the UK. So really, really high profile are talking in the media spotlight, headlines, grabbing type cases. And it's made of, made up of 12 highly regarded Supreme Court Justices. And it takes on around 80 cases per year. So very small caseload. These justices. So this is called Lady hill, right? And the reason I know her name is because these justices are, they're pretty much regarded as I would say, they have kind of celebrity status. They're kinda like celebrities and they make frequent media appearances. They're always in the news. And a lot of people know these, the High Court Justices. And also the reason why these High Court justices are so famous is because they are, when you see them altogether. Often very elderly, they're often reading a book. You won't see them on a smartphone. They regarded as the smartest people in the United Kingdom. That's kind of the media toggling. I guess you could say. These 12 highly regarded Supreme Court judges are the smartest people in the UK. So that's why, that's what gives them this sort of coals celebrity status. And all of them have studied at either Oxford or Cambridge at some point or most of them, sorry. And so if you go there, then you've got a good chance of becoming a Supreme Court judge. And they pretty much devoted their life to the law. And so you can save it. You probably do deserve their status. On top of this, we also have the special courts and tribunals. So these would be created to ease the huge caseload of specific topics. Yeah. And tribunals. The they actually do give binding decisions, so you have to follow it, but you don't create precedent like we spoke about previously. You can't use a previous case as well and the tribunal. So it's limited by this. Examples of some, of some special courts or tribunals, a first-year tribunals, Scotland, Scotland, Scotland core UK employment on children's hearings. I'm not accord is the European Court of Human Rights that's also still relevant in UK and in Scotland. So again, like I said before, the Council of Europe, and they hear cases regarding violations of the European Convention on Human Rights and other treaties. And it's only used when the domestic remedies are exhausted. So you cannot go to the European Court of Human Rights unless you've taken your case to the highest courts in your own country. So for criminal cases and Scala, and that would be the High Court of Justice surgery, or for civil cases, that would be the UK Supreme Court. And the judgments are binding on member states. And the final quarter we'll talk about as the European Court of Justice, European Union ECJ. Again, final court of appeal from nitrogen into YouTube bots. It's no longer applicable after Brexit. So that's just become a remnant of the past. No, unfortunately, it was a very, very much quicker topic. Our lecture, don't want to dwell too much on courts. Basic facts are okay. But really the real learning from courts comes from actually visiting them. And so if you ever come to the UK, if you are pursuing a law degree in the UK, I would highly recommend going to visit the courts. Their publics are free to access. And you can go and you can set an immediate even talk to some judges, maybe even get some conversations, tell people you're lost, you. So, so much better way to study. 6. How do I become a Lawyer in Scotland?: Hello, welcome back. We are on chapter number 5 or Part 5 of this introduction to Scottish and common law online course. Today. Or in this lecture, should I say, we will be talking about qualifying as a lawyer and Scotland. In other words, how do I become a lawyer? And Scotland? Although you will find this is probably the most interesting, most relevant parts of the course. Just because you might know all the theory. You might plan to learn, all the theory of Scottish law and the future. Put there really it's hard to find real summary of resources, how to actually practically become a lawyer in Scotland. And this lesson, I break down and the different stages of a qualifying as a lawyer. And depending on where you're from, which country, how old your I'll tell you just how much, just how much work you need to do. So stage one, university or no university believer in the notes. You actually don't need to go to university to qualify as a lawyer and Scotland. And it's very, very rare. And 99 percent of people go to university in the study a law degree. But some actually do not know. I'll expand on this in the future. So begin with the university or just because it's so much more common among people. And so you do universal is essentially where a person obtains a law degree, either as a school leavers. So they leave school either as a graduates, which means they've done degree and know they're going to do another degree. Or as a mature student, which means it's their first degree, but they are not a school leaver there. It could be 30, 40, 50 years old. Maybe they're looking for a career change. A few things to note about the University wrote, the university must offer an LLP degree, not just a Bachelor of Arts, a BA degree at the SLB is the one that's accredited by the Law Society of Scotland. A BA is not the same. A B does it's more legal administration to become a legal assistant paralegal caseworker with this kind of stuff. So it's not like you have all degree. So be very careful if you're applying to universities. All of the big universities, the major ones and Scotland, Glasgow, Edinburgh, strophe clades guys will do the MLB as well as the actual. The next point to know is that school leavers and people who leave school, they normally complete, complete the MLB and for years, right, the four-year Scottish law degree and England or law degrees three years after school. And Scollon this for years. And I think that's better because like with for years, There's more focus on non-compulsory courses. So for example, I had some friends who studied forensic medicine as an optional course. And they loved it. It was brilliant. They wants to go into criminal laws. They got an insight into science and medicine. And you get the opportunity to do a good abroad. If you have a four-year course, it's much easier to do that. And let's you specialize a little bit more in an area of law. So normally, all the compulsory subjects are done in the first two years. And in the last two years is try and specialized or doing it abroad or try and really see where you want to go to something that's just much easier than the sea or three-year degree. But a lot of people don't have time. They didn't have enough time for a four-year degree. What people might be, might be in their late 20s, early 30s didn't obtain for a four-year degree. So they can do this accelerated two-year course. And that's just really intense law course, which focuses on the compulsory subjects and the legal profession. Just a quick No, actually on traveling abroad specializing I went to Germany. I went to mines in Germany at a year abroad. They are excellent experience, totally life-changing. Then I came back and specialized and international public law. And I don't think I would've been able to do this after three years. I had to have an extra year to know really which area I wanted to go to go into. So then that's where I specialized in public international law and immigration and human rights law. And I think that's very, very important. Okay? So without a law degree, the second option, it's extremely rare, but a person can complete what is called a pre-deployment training contracts with the semester. Essentially, what they're doing is working alongside a solicitor, a lawyer for a number of years. And eventually the lost city will say, well, you know the profession pretty well. Why don't we just give you a law degree and you can do exactly what I was doing. I don't know anyone who's done this. It's very rare, but I'm sure this is a much, much better way to practice. And in universities, okay, for theory. Practically, it doesn't give you much exposure to the legal environment. This is excellent because it gives you complete exposure to an area of law, actual legal practice, which is time that is much better spent, I think. And plus you can earn some money. So the first thing they'd have to do if you want to do this, is you have to pass a past compulsory exam set by the Law Society. So there's a number of compulsory exam that they said that you have to pass, so you have to study a little bit for this. The second thing you often have to, you have to find a celestial garbage can actually be the most difficult part. So actually finding a slicer that will give up their time and be willing to employ you and take on a check on you as a pre diploma, a student As favorite, difficult, very competitive. So and that's Lester also satisfy a number of other law requirements. So stage two would be the diploma. So the diploma is completed after a law degree. And so this is a six month course which prepare students for working in a law firm as a practicing lawyer. You could pretty much compare this to the bar, right? Many countries they have the bar exam. This is pretty much the same thing except it's six months. And it's very practical, quite intense as well as involves more practical work that's designed for law firms. Um, it's taught in universities, but no, by professors, by actual practicing. Also, all of the time the university as well pay for practicing lawyers to come in and teach their side of the law. And it's a lot of practical cautious is very, very interesting. And it expires after five years. And that is important because street after, you will have to undertake a traineeship and it traineeship as this two-year full-time placement at a law firm. And it's used to put into practice all the skills that you've learned a university. So the traineeship is essentially working. As like a legal assistant, maybe in your second year you will do much more with a much more work. But the idea is that you are training. So you're looking at the senior lawyers operate, looking at how they work. You'll be billed a mentor, build a relationship. But you do get paid for this as well. Now you have to undertake this within five years of completing your diploma. So you complete your diploma. That's fine. You to finish it within five years. If you denote that diploma will expire, they need to do another diploma and that's more time and more money. And you might be asking, Well, how hard is it financial initial, it's okay, but not easy. Not easy and not an finding a good one. It's definitely not easy. I have not had experience with this yet, but I'm sure I will. Um, it's often extremely competitive. And for example, in 2019 slash 2020, 15 percent of the graduates failed to undertake on. There's a whole host of reasons. Maybe not all the monster go into the legal profession. But it shows you that not everyone will get a traineeship. Now, say you do get a traineeship, excellent, you find one. There's another part of the recommended wage for a first-year trainee as 19500 times. That's a recommended which by the Law Society of Scollon, a recommended which in reality, you may not get this switch right because law firms have to respond to market conditions. If there's a lot of work and one area of law, then they can pay more. If there is not, then either they'll take no trainees on or the UPN extremely low wage. So it's not unheard of, actually, it's not even unheard of to offer trainees wages of something like 10000 per year rate, which, you know, if you're paying a lot of brands, a lot of expenses, that's not enough to cover your expenses really. And it's very, very difficult, especially if you ping ring. So it's very, very difficult, very competitive. 16, 17 thousands is also very likely that that will be the wages. Well, especially after coronavirus, especially the year fallen coronavirus, I'm sure will be very, very difficult, right? Some firms will pay more, right? So you've got these big corporate commercial farms. I will happily pay a lot of money, right? The 19500 is nothing for them. Boutique firms, smaller firms can a medium-sized firms, it's been more difficult. However, if you are super competitive knee and you work really hard and you do get a job recommendation form. For example, down in London. Traineeship. For sure, traineeship, the salary can be up to 40 thousand pounds per year. And obviously he'll have to work for that. But it is possible, and it is a life that you could go into if you want to make good money as a lawyer, That's absolutely possible, depending on the area and depending on how hard you're willing to work, how many hours you're willing to put in. Finally, of course, at the end of your traineeship, the law society must be satisfied that you are fit and proper to be a celestial. There is an optional stage at any points after your degree at university, it's postgraduate study. I'm sure many of you watching will either be preparing to undertake an LLM, a master's in another country, or maybe you're doing one, just know. So this is just optional study after your law degree consist consisting of either an LLM or and after you can go on and do a PhD. So what's the benefits generally for an LLM MBO, you are able to specialize really specialized area of law. You love. And you know, international law is very popular commercial law you can really specialize. And the next one, Yeah, make a lot of contexts and network really well with people in that field. And if you go to a different country, it's a way for you to view law from a different perspective. So for example, I'm from Scotland. If I was to go and study in Belgium, study them in Belgium. Not only would I be able to see my area of law from a Belgian point of view. There's going to be a lot of students from across the world. Colombia, Paraguay, Germany, China, doesn't matter. You can speak to all of them. You can experience a loan from a totally different point of view. It's fascinating. And a quick note about LLMs by a lot of the time, it is beneficial for you to really pick a country where this university will specialize in this Lm. So for example, if I wanted to do public international law and LLM and public international law, really good place to do would be Leiden in the Netherlands. And the reason for that is because they have an historic and international reputation is having a really, really good on international law course. And a lot of the international courts, for example, the ICJ, the International Criminal Court, there are located and lighten or near lighten the Hague. So they have an excellent reputation for this. Other cities such as Geneva in Switzerland, excellent for commercial and trade law. And of course, you know, American constitutional law. You didn't do an LLM anywhere else other than American. So it really depends which area you want to go into. And it also depends on how comfortable you are. But if you are going to do an LLM, personally, I'm probably recommend going abroad and it's just so much more beneficial. So what is the value of a Scottish law degree? Well, you might be sitting there thinking, although it's an old worth it, right? It's the oldest stress worth it. Stress before I've told you the prices, which I will do. But what is the value of a Scottish law degree? Well, the Scotland is a hybrid system like I mentioned before. And so it is a mixed system, encompasses both civil and common law. So you really do get the best of both worlds. You have total exposure to a common law system and civil law system. Lat degrees in general from the UK. I've just an excellent reputation across the world, just because the UK is seen as a developed western country, as a lot of legal history telling people that you've got a law degree from one of the Scottish universities or RNA England as controlled very, very good on your CV. And Scala. And specifically there's actually going to be a lot of lucrative legal areas by lucrative, I mean, areas where there is a lot of work, a lot of innovation, and probably a lot of money as well. So some fields are, for example, Legal Tech and a lot of storage forms of embracing Legal Tech. A commercial law from commercial law is extremely lucrative. Renewable energy law is very specific to Scotland because there's a lot of renewable energy here. And immigration constitutional law because of the changing political landscape and columns after Brexit and possibly in the future. But Scottish independence is going to be a lot of work in this field, which will be very, very interesting. So the cost of legal education setup for this one, especially if you're an international or EU student. Because the next slide is going to be a roller coaster. But I'll start with the Scottish students. If you're Scottish, then a four-year degree costs around 2000 per year. The good thing for you is that it's covered by this watch government, a generous label fund, your education. And it'll be free for you, which is excellent. My law degree was free. I'm very privileged in the sense that I got a free four-year law degree from a top university. That is something that I absolutely take for granted. It's something that's not common around the world. And it's excellent. Die live in a country that does is, if you wanted a two-year degree, remembers for scholars, students join to the two-year degree, the accelerated courses, namely to have killed roughly, the diploma is running and have kids well, roughly. And the masters, if you want to do a Masters, is a brand name K2. So, and of course this depends on which university you go to or which course you actually do. For example, different masters have different places, but roughly, these are prices don't vary too much from here. Press yourselves internationally your students. But to run your lives. Before Brexit, european Union students would pay the same amount as Scottish hints. After Brexit. That's no longer the case. That's tragic for a lot of European Union or EU students, a lot of Europeans because David essentially, Yeah, I had a lot of friends from different countries in Europe, Belgium, Netherlands, Slovakia, Romania. And if it essentially come to Scotland, I had to take advantage of a free law degree because of course it's free for EU students as well as college students, take advantage of a free law degree, explored the sites, improve their English to the point where it's pretty much indecipherable from a native English speaker at the career prospects would skyrocket and essentially div, totally transform their life from what I could have been if they stayed in their home country. Unbelievable. It's such an interesting story. That's no, no longer the case. Unfortunately, you students, it's actually quite heartbreaking because I've seen how this can totally transform people's lives, are seen how the EU and this agreement has transformed people's lives. Unfortunately, the future generation won't be able to benefit from that. But that's life, I guess, you know, you've got to roll with it. So for international students know, four-year degree will be 17.5 thousand pounds. I'm a two-year accelerates 20000 diploma has named enough, kay, pretty much for everyone, scottish or a year. And a Masters is now extremely expensive at 20 thousand as well. And so the cost of legal education for Europeans as has increased dramatically. And I'm sure when this gets rolled out, there'll be a lot of cynical Europeans. So what if you're in qualified lawyer from another country, right? What do you do then? What if you want to practice in Scotland? Go through this very briefly. So what you will need to do is take the qualified lawyers assessment. This as a essentially a I guess you can see an accreditation from the Law Society of Scotland and qualified lawyers from other countries. They will have to sit exams on different topics, on various legal subjects and that will make up their qualified lawyers assessment. So many other things such as if you're fit and proper, probable. So the subjects will be constitutional law, criminal law, and Scotland contract law, these kind of things. And now what if you've studied this already and you're like, Well, why would I study again? Well, you can apply for exemptions to some subjects. So if you are in Turkey and Turkish criminal law and Scottish criminal law is very similar. I don't think they are, but FAR, if they are very, very similar, you can apply to the Law Society for an exemption. And they will then provide you with an exemption. And you won't need to set this exam, you just need to set the rest. That's the end of that lecture in terms of qualifying as Lauren Scotland. There's a really good book called studying Scots law by Hector McQueen. You can check this if you want some more information. I read this before I started my law degree was very, very helpful. 7. What is the Future of Law in Scotland?: Hello and welcome to the final part of this introduction to Scottish and common law online course. This will be the sixth and final edition, final chapter. And we're going to look at the future of law and Scotland. Okay? We've done sex course topics, and this will be the last one. So let's look at the future. What is the future of law and Scala? And what does this mean, right? I was going to come and I'm sure you're sick of it by now because I've mentioned this so many times, but Brexit on the 1st of January 2021, That's when Scotland and the United Kingdom officially left the European Union. So it's only been, right now, it's only been around four months, five months. Since we've left the EU. The effects of not kick 10-year societally, the effects of not kicked in socially inept not. So we are jus, some big changes in our constitution and our law. So what does this mean specifically? Well, for example, European Court of Justice, I mentioned this earlier. So from here on the ECJ decision won't be relevant, and neither will the UK be able to take cases to the European Court of Justice. Free movement. This is the probably most significant aspect of the European Union in general, this is kind of the foundation of the EU. And free movement means the free movement of people, of goods, capital, which is money and services to giving an offering services between the European Union countries. So this is no longer the case and there's no more essentially free movement between the UK and European Union. Which will mean that if I wanted to go and work in Portugal, I could get visa free access for the first three months, I believe. But after that, I then have to apply for a work visa. They have to go through the country's normal immigration procedures. And, you know, it's much bigger house. The other law will be in specific areas of law. So for example, equality law. The UK was a member of the charter of fundamental rights all the European countries were. And this changed a lot of law in terms of equality law in the UK. So a lot of these laws could be changes in the future. A company law, ie regulations or EU directives, metabolic changes to the Companies Act in 2006 and also the insolvency Act, 1986. So these are the changes could be reversed. And British businesses and British government say, no, we don't like these laws anymore. And these could be reversed in the future, which will have lots of implications for commercial lawyers and company lawyers and insolvency lawyers, and also law school. So I finished law school when I was in my second year, European Union law, EU law was a mandatory topic. I had to learn about another choice at is a possibility that that may not be mandatory topic in the future. And it may just be another optional course at what may replace it as, for example, comparative law courses or something similar to this, right? Maybe international private law, international trade law. These courses could replace it, know that Britain is no longer in the European Union. The second big thing to affect Scottish laws, law and Scotland is independence. Again, you'll be sick of me talking about it, but it is a huge issue. So scotland is ready to push for a second independence referendum. At least the S and P, which is the biggest party there ready to push for a second independence referendum. And who knows, by the time you're watching this, cotton could become an independent country. There were talking about referendum in 2021 or 2022. So it could be much sooner than you think. So of course, the likelihood of a yes vote. I mentioned this, I think in the first lecture that there is still a roughly even split between the yes and no vote for independence. So even though Brexit has happened, there hasn't been much of a change in terms of pulling, terms of people's attitudes. Of course, polls only taken into account to 3000 people. Who knows, who knows. Political scandal, know, there was a scandal very recently with our first Minister, Nicholas surgeon was alleged that she misled a parliamentary committee on evidence on when she gave evidence. Now when this news story broke of the First Minister misleading parliament. But when this news story broke, they did a poll straight after. But independence and the yes votes declaimed spiral seven or 8% and the novel increased by about seven or 8%. So any scandals, any problems, any political controversies that the S and P, or even maybe the Scottish government that it gets into actually has a direct effect on voters attitudes to independence. And why that is, I'm not entirely sure, but I would suspect it's because when they're scandals and controversies, government looks much less competent than it did before. It looks more competent. And last thing you want when Scotland is a big push for independence as an incompetent government. And so this will play on board voters minds. So the SMBs be very careful. And actually, you know, there's, there's now a new Scottish independence, pro-independence particle, the elbow party. Very recently. It's come into the Scottish ledger, the Scottish anti Scottish politics. So this will be very interesting. If we do become independent, scolding does become independent, well, money mix of all Gora Android. So the economy is going to be straight up there. How? And what people want to ask is how can Scotland be economically self-sufficient as an, how can it take control of its money? How is it able to trade, right? So these are going to be potentially very lucrative areas for lawyers and for anyone involved in this and trade sector, I believe. And also just quickly. And of course there's going to be a big effect on discuss legal system in general rate because if we're independent, then issues such as immigration, foreign policy, taxation, which used to be reserved powers, and having the hands of the Scottish people will be able to control our borders. And just quickly in terms of the economy, it's very likely that Scollon won't have all the specialist has needs sourcing from other countries as a possibility. So i'm I'm certain that there'll be a need for foreign specifically foreign lawyers. These are foreign specialists in every field law that technology, engineering, finance. There'll be a need for foreign workers. And so Scotland could potentially become a very diverse country. And it could also also become a hub for, for an educated professionals to find jobs. Could be very wrong. It says a utopia. I can see I'm, I'm painting a very, very persuasive texture, but I could be very, very well. The last issue facing Scotland, but not just Scotland. Last issue facing, I think the legal profession and across the world is this idea of legal technology and artificial intelligence or AI. This is going to shake up the legal industry very, very profoundly. Especially in the West. There is a lot of use of AI in the legal industry. So AI can actually perform many of the jobs of lawyers, frees up a lot of their time from doing more meaningful tasks. So, for example, lawyers won't need to do a lot of the tasks that we do, just know it will free up a lot at that time and there'll be able to basically focus on bringing in clients, bringing in more money, doing things that are genuinely fun. I'll talk about the kind of jobs that AI can do just a minute. Another and 4000 legal tech startups in the world. There's an estimated funding around $6 billion. This is no small industry. This is massive. It's newly emerging. It's a huge industry. I remember the first time that I got taught about legal technology. And this was when I was doing a traineeship, sorry, an internship, I guess you could say, with a commercial law firm, a massive commercial law firm. And there was a seminar and we were told to sit down and listen to this presentation about legal tech and AI. And the farm said that they were embracing this technology wholeheartedly. So they weren't the kind of people that would be resisting it. As the legal profession often does. With innovation. They weren't going to resist totally consumed braces. And that was the first time I heard of Legal Tech and University and my four years of studying and never once was taught anything but legal technology. It was always big commercial farms coming into the Union during their own presentations and going. And this should probably be taught and be incorporated into the law course. The problem is that this industry is moving so rapidly. They are predicting by 2030 at that there'll be farms using AI to outs to do many of the jobs that paralegals and caseworkers will do. An AI is going to disrupt the legal sector massively. And because like I said, paralegals, caseworkers, people who looked through cases to the basic admin work. And AI in tech will be able to automate all of this. And so it's going to massively affect the employment in the employment structure of every society. Not just in law, actually, this is a problem in every field. For example, paralegals and caseworkers may have their jobs removed in the future. But as well, retail assistance, customer service assistance. And the issue here is that these are often the entry level jobs where people meant to go. If they don't have these entry level jobs, were newly graduates such as me supposed to get jobs in the future. You can go straight to being a lawyer, takes years of practice. And so this is going to be a question that people are going to have to answer and possibly a big shakeup and the way the world works. And that brings an end to this introduction to Scottish and common law course. When my parents emigrated to Scotland from a small village in Pakistan, and they took a plane over to Glasgow. In the nineties. I don't think they would have realized just how much Scotland has changed and I don't think we would have predicted how much the world is change. Scollon, I think even in my 23 years of living here, is changing rapidly landline with the pace of the world in general, especially in the legal sector, there's going to be massive, massive disruption. But I hope as everyone else does, that these changes are for the good of society, for a better environment and a better future. And general. Thank you very much for listening. Thank you for purchasing my course. I'm very, very grateful if you have any inquiries. My email is right. There are some attend at gmail.com. I'm a private legal tutor. I can do legal tutoring as well as if you have any questions, please feel free to e-mail me. And I'd love to connect with some of you who have watched this course. Thank you very much for listening, take care, and goodbye.