Compare And Contrast A Retrieved Reformation And The Judges House

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Compare And Contrast A Retrieved Reformation And The Judges House



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The Scottish Courts and Tribunal Service is operationally independent of the Scottish Ministers , and is governed by a corporate board chaired by the Lord President , and with a majority of judicial members. There are various specialist courts and tribunals with specialist jurisdictions , which are subject to the ultimate jurisdiction of either the Court of Session or High Court of Justiciary, including. Children under the age of 16 who face allegations of criminal conduct are dealt with through the Children's Hearings , which are quasi-judicial in nature.

Disputes involving agricultural tenancies and crofting are dealt with by the Scottish Land Court , and disputes about private rights in titles for land ownership and land valuation are dealt with by the Lands Tribunal for Scotland. Heraldry is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the Court of the Lord Lyon. The United Kingdom does not have a single judicial system — England and Wales have one system, Scotland another, and Northern Ireland a third.

The Military Courts of the United Kingdom have jurisdiction over all members of the armed forces of the United Kingdom and civilians subject to service discipline in relation to offences against military law. The Supreme Court of the United Kingdom operates across all three separate jurisdictions, hearing some civil - but not criminal - appeals in Scottish cases, and determining certain devolution and human rights issues. The Supreme Court will hear civil appeals from the Court of Session, and it hears appeals from all the civil and criminal courts of England and Wales and of Northern Ireland.

The Supreme Court has no authority to hear appeals on criminal matters from the High Court of Justiciary. Until the creation of the Supreme Court, ultimate appeal lay to the House of Lords , a chamber of the Parliament of the United Kingdom though in modern practice only the Law Lords sitting in the Appellate Committee, rather than the whole House, heard appeals. The Supreme Court took over the judicial functions of the House of Lords , and also assumed the jurisdiction over devolution and human rights issues vested in the Judicial Committee of the Privy Council.

Cases involving "devolution issues" arising under the Scotland Act , as amended by the Scotland Act , which includes disputes regarding the validity of Acts of the Scottish Parliament or executive functions of the Scottish Government , are heard by the Supreme Court. These cases may reach the Court as follows:. The Court of Session is the supreme civil court. It is both a court of first instance and a court of appeal , and sits exclusively in Parliament House in Edinburgh. The court of first instance is known as the Outer House , the court of appeal the Inner House.

The Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the Sheriff Courts, and replaces appeals previously made to the Sheriffs Principal. The Sheriff Appeal Court is a national court with a jurisdiction over appeals summary criminal proceedings, and bail decision in solemn procedure , from the Sheriff Courts and Justice of the Peace Courts. The Sheriff Personal Injury Court is a specialist all-Scotland court with exclusive competence to hear cases, with and without a jury , that relate to personal injury.

The choice of local sheriff court or the Personal Injury Court is left to the pursuer. However, where a sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs they can remit the case to the Sheriff Personal Injury Court. The Sheriff Court is the other civil court; this sits locally. Any final decision of a Sheriff may be appealed against. There is a right of appeal in civil cases to the Sheriff Appeal Court , and, with permission, to the Inner House of the Court of Session.

The High Court of Justiciary is the supreme criminal court. The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh. Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases.

An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction. There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom , the highest court. The Sheriff Appeal Court is a national court with jurisdiction over appeals from summary criminal proceedings in the Sheriff Courts and Justice of the Peace Courts , and from bail decision in solemn procedure at the sheriff court.

The Sheriff Appeal Court was established on 22 September to deal with appeals against conviction and sentence in summary proceedings before the deal with criminal appeals. The Bench generally comprises three Appeal Sheriffs when considering appeals against conviction, and two appeal sheriffs when considering appeals against sentence. A single Appeal Sheriff hears appeals against bail decisions made by a sheriff or justices of the peace. The criminal Court is based at the courthouse at Lawnmarket, Edinburgh, and will initially sit on two consecutive days each fortnight. Substantive criminal appeals will be heard on Tuesdays and appeals against sentence on Wednesdays.

The sheriff courts are the main criminal courts; they sits locally in sheriff courts throughout Scotland organised in the six sheriffdoms. The procedure followed may either be solemn procedure , where the Sheriff sits with a jury of fifteen ; or summary procedure , where the sheriff sits alone in a bench trial. A higher sentence in solemn cases may be imposed upon remittance of the case to the High Court of Justiciary. The Justice of the Peace Court is a criminal court which sits locally under summary procedure, where the Justice sits alone or in some areas as a bench of three. Justices are lay magistrates who as advised by a legally qualified clerk, known as the legal adviser.

The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences. Scotland has several courts with specialist jurisdictions. The specialist system of Children's Hearings handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide-ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter Administration. Serious crimes, at the direction of the Procurator Fiscal , are still dealt with in the usual criminal courts.

The Court of the Lord Lyon , the standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles. The Scottish Land Court has jurisdiction over disputes involving agricultural tenancies and crofting rights. Under the terms of the Church of Scotland Act the General Assembly of the Church of Scotland has sole jurisdiction over its own spiritual affairs, including matters of discipline. There are several specialist tribunals in Scotland which often have exclusive jurisdiction over cases relevant to their remit.

They are subject to the oversight and ultimate authority of the Court of Session , which can review decisions through either a final appeal or through judicial review. There are several tribunals that have jurisdiction over either the whole United Kingdom , or over Great Britain. Where these tribunals make an adjudication in Scotland they are subject to the oversight and ultimate authority of the Court of Session , which can review decisions through either a final appeal or through judicial review. In many cases there is a statutory right of appeal from a tribunal to either an upper tribunal or senior tribunal, or to the Court of Session: for example Employment Tribunal cases are appealed to the Employment Appeals Tribunal , which in turn allows appeals to the Court of Session.

In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is an appeal to, or judicial review by, the Court of Session, which will often be more limited in scope than an appeal. The Bill Chamber was formerly a court of Scotland, often considered as part of the Court of Session but in fact separate from it. It dealt with petitions for suspension appeal , interdict , sequestrations etc. The Bill Chamber was "under the same roof" as the Court of Session, but was a separate court or jurisdiction.

Some of its processes are now carried out by the Accountant in Bankruptcy. Until , there was a Court of Exchequer in Scotland , which was established Exchequer Court Scotland Act , pursuant to a requirement of the Act of Union which stated:. And that there be a Court of Exchequer in Scotland after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same power and authority in such cases, as the Court of Exchequer has in England And that the said Court of Exchequer in Scotland have power of passing Signatures, Gifts Tutories, and in other things as the Court of Exchequer in Scotland hath; And that the Court of Exchequer that now is in Scotland do remain, until a New Court of Exchequer be settled by the Parliament of Great Britain in Scotland after the Union;.

The judges of the Court were the Barons of Exchequer who acted in both a judicial capacity, dealing with revenue cases, debts to the crown, seizure of smuggled goods and prosecutions for illicit brewing and distilling, and in an administrative capacity, mainly auditing accounts. The Act limited the numbers of Barons to 5. With its abolishment no further Barons of Exchequer were appointed. In , Thomas got knighted and appointed under-treasurer of the treasury in the same year. He had also gone along with Thomas Wolsey to Calais and Bruges 6. The king then gave him the responsibility of improving his earlier rejoinder to Martin Luther. With this, their relationship became even closer. As escritoire and personal counsel to the king, Thomas grew more and more powerful in the administration.

He was charged with welcoming foreign envoys, writing down official drafts and serving as a contact linking the king and his Lord Chancellor. Henry used his influence in the legislative assembly to get Thomas elected for the position. He also chipped in as a steward in universities. Soon after his stewardship, he became the Duchy of Lancaster chancellor, a position that was much higher than his former position. This was a post that involved directorial and legal power of greater of northern England. He became the first layman to occupy this influential office. During this period he settled cases with unparalleled briskness.

At this point, he was completely devoted to the king and the administration 6. As the disagreement over superiority between the Papacy and the King continued on an upward trend, Thomas carried on with his persistent prop up of the Papal throne over that of the king. In , Henry VIII had cut off Thomas by removing the majority of the clergy who gave backing to the Papal stand from higher-ranking posts in the church 7. Coming to terms with his out-of-the-way position, Thomas tried to give up his job after being compelled to take a pledge affirming the king as the ultimate leader of the English Church.

In addition, the Statute of Praemunire made it illegal to shore up in open or place of work the assertions of the Papacy. Even so, the standing and power of Thomas as well as his lengthy association with the king, made certain that his life was safe for the time being and as a result, he was not kicked out of office 7. On the other hand, with his backers in court fast fading away, in he requested the king to yet again to relieve. He alleged that he was unwell and going through prickly chest aches. This time the king endowed his request. There was little doubt that Thomas stepped down as a result of religious concerns.

He understood that all clergy needed autonomy of ethics and devotion to the Pope which were undoubtedly defied by the administration of King Henry VIII 8. In Anne Boleyn was enthroned as the Queen of England and Thomas was conspicuously absent at the ceremony. In spite of this, his absence was broadly taken to mean a rebuff in opposition to Anne and Henry took action against him. Thomas was able to bring forth a correspondence in which he had inculcated Barton not to get in the way with national issues. In April 13 of the same year Thomas was required to appear before a committee and pledge his loyalty to the legislative Act of Succession. Marshall, Peter.

Ashgate Publishing Group. He held fast to the olden instruction of Papal superiority. He was later imprisoned in the Tower of London. On July 1, of the following year Thomas was tried before a team of judges. He was arraigned in court for his treasonous acts against the law of succession. He was found guilty after Solicitor General, Richard Rich testified against him 7. Immediately after the sentence had been passed against him, Thomas talked unreservedly about his conviction. He reiterated that no earthly person may claim to be the head of spirituality.

Thomas was to be sent to the hangman, be drawn and quartered. The king ordered that his putting to death be through decapitation. The execution was carried out on July 6, 7. His headless corpse was buried at the Tower of London while his head was placed at London Bridge for sometime as was requirement for those who were considered as traitors. It is thought that his daughter, Margaret saved it through subornment before it could be thrown into River Thames. Bernard, G. Eppley, Daniel. Guy, John. Robinson, Jon. Shadan, Ethan H. Cambridge University Press. Need a custom Descriptive Essay sample written from scratch by professional specifically for you? We use cookies to give you the best experience possible.

If you continue, we will assume that you agree to our Cookies Policy. Introduction Sir Thomas More, also famous as Saint Thomas More, was an English lawyer attorney, societal logician, theologian, writer, national leader, renowned Renaissance humanitarian and ultimate sacrificial victim. Learn More. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. Removal Request. If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. Cite This paper. Select a referencing style:. Copy to Clipboard Copied!

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