Scottish Legal System – F1A7 34
Home Assessment 3
Outcomes covered:
• Outcome 4 – The Scottish Courts
• Max 1100 words
Assessment instructions:
This assessment task will comprise seven structured questions based on a case study. All questions must be attempted. Completed assessment should be submitted on Moodle by the date indicated by your lecturer.
Case Study:
Kyra and Gemma are neighbours sharing the upper and lower apartments of a west end villa in Glasgow. Kyra moved into the downstairs flat six months ago after she won the lottery. Since then they have been locked in a bitter dispute over the extensive grounds that they share. Gemma, an avid viewer of Upstairs Downstairs feels she has an right to do as she pleases without consultation and has installed a substantial two storey bird house complete with a water feature and food store slap in the middle the garden .
Kyra is having none of this! As an herb nutrition lecturer at the local college she is hoping to experiment with growing exotic varieties. When Gemma returns one weekend from a wine tasting event, she is enraged at the sight of the birdhouse laying on its side, desolate, and the garden divided into little allotments with labels of unpronounceable names everywhere. Gemma has presented Kyra with a bill for £1800 to reinstate it complete with new wiring. Kyra promptly tosses it into the compost heap.
Questions:
Q1. How important is the role of Civil Courts in the Scottish Legal System? What facility do they extend to the public?
Q2.
a) Looking at the Jurisdiction of the courts what two sets of procedures are in place over subject matter?
b) What are the Civil court rules for establishing jurisdiction over the defender?
c) In which court would you advise Gemma to raise the action and why?
Q3. If Kyra lived in Edinburgh would it be a different court from the above?
Q4. If Gemma’s birdhouse was valued at £5050 how would you advise her?
Q5. Where compensation for over £125 000 is sought what options, if any does the pursuer have?
Q6. If Gemma is not successful in her claim, can she appeal and if so, to where/whom? Explain appeal routes for both simple procedure and ordinary procedure.
Q7. Please draw a diagram of the civil court structure detailing the various appeal routes.
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The post Assessment instructions: This assessment task will comprise seven structured questions based on a case study. All questions must be attempted. Completed assessment should be submitted on Moodle by the date indicated by your lecturer. Case Study: Kyra and Gemma are neighbours sharing the upper and lower apartments of a west end villa in Glasgow. Kyra moved into the downstairs flat six months ago after she won the lottery. Since then they have been locked in a bitter dispute over the extensive grounds that they share. Gemma, an av appeared first on study tools.
