IntroductionIt is relatively common for people to struggle to differentiate between the two main divisions of the Scottish legal system and to fully understand their features. This assignment will explore the key differences between criminal and civil law in Scotland providing an overview of the complexities of the court systems, procedures and litigation considered in both branches of Scottish law. The fundamental distinctionCivil law proceedings generally consist of disputes between two individuals or organizations and "agree to obtain a civil remedy", as opposed to parties resorting to violence. Generally, a case can be initiated when an individual, organization, business or corporation files a complaint against another. The person filing the complaint is called the “prosecutor” who is usually seeking some form of compensation and the party who responds is called the “defender” who is accused of violating a civil law. A trial is then held to resolve the dispute and a judge rules in favor of one of the two parties after sufficient evidence has been provided by either party. This process is called litigation. In Chapter 14 of “Scots Law A Student Guide” by Nicole Busby et al, criminal law is defined as “a body of rules designed to ensure the peaceful coexistence of citizens within the community”. In criminal law, a dispute is raised by the State against the individual called the “accused”. The accused, as his name suggests, allegedly committed crimes against the state and society at large by violating one or more laws. A trial is then held to examine evidence suggesting the individual's involvement. Most often, the accused will be represented by an attorney, barrister or...... middle of paper...... rates in hand. The maximum penalties a magistrate can impose are either 60 days' imprisonment or a fine of £2,500. The sheriff court hears more serious offenses and can impose an unlimited fine as well as a maximum of 3 years' imprisonment. The accused may be tried either summarily or solemnly, depending on the magnitude of the crime. Summary proceedings mean that only a judge will decide the outcome, whereas in formal proceedings, a judge will decide questions of law and a jury will decide the outcome after determining the facts. The High Court of Justice is Scotland's highest criminal court and deals with the most serious offenses committed in society, such as treason, rape and murder. Unlike their civil equivalent, decisions handed down by the High Court of Justice are final and cannot be appealed to another court..