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Court of Session Act 1988 : ウィキペディア英語版
Court of Session

:''"Clerk of Session" redirects here; not to be confused with Session Clerk, see Moderators and clerks in the Church of Scotland or Principal Clerk of Session and Justiciary.''
The Court of Session ((スコットランド・ゲール語:Cùirt an t-Seisein); ) is the supreme civil court of Scotland,〔(【引用サイトリンク】title=Courts and the Legal System – Civil Courts )〕 and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a trial court and a court of appeal.〔 The Court of Session has coextensive jurisdiction with the Sheriff Court—the other Scottish civil court, which sits locally—and the pursuer is given first choice of what court to use. However, the majority of complex, important, or high value cases are brought in the Court of Session. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.
The court is a unitary collegiate court, with all judges other than the Lord President and the Lord Justice Clerk holding the same rank and title—''Senator of the College of Justice'' and also ''Lord'' or ''Lady of Council and Session''.〔(【引用サイトリンク】url=http://www.scotcourts.gov.uk/session/ )〕 There are thirty-four judges, in addition to a number of temporary judges; these temporary judges are typically sheriffs, or advocates in private practice. The judges sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General.
The court was divided in 1810 into an outer and inner house. The former serves as the court of first instance; the latter is superior, and stands as an appeal court for civil cases as well as a court of first instance. Cases in the outer house are heard by Lords Ordinary who sit alone, though there may occasionally also be a jury of twelve. Cases in the inner house are heard by three Lords of Council and Session, but significant or complicated cases may be heard by five or more judges.
== History ==
The Lords of Council and Session had previously been part of the King's Council, but
after receiving support in the form of a papal bull of 1531, King James V established a separate institution—the College of Justice or Court of Session—in 1532, with a structure based on that of the Parlement of Paris. The Lord Chancellor of Scotland was to preside over the court, which was to be composed of fifteen lords appointed from the King's Council. Seven of the lords had to be churchmen, while another seven had to be laymen. An Act of Parliament in 1640 restricted membership of the Court to laymen only, by withdrawing the right of churchmen to sit in judgement. The number of laymen was increased to maintain the number of Lords in the Court.
The Court of Session is explicitly preserved "in all time coming" in Article XIX of the Treaty of Union between England and Scotland,〔(【引用サイトリンク】title=A General History of Scots Law (15th – 18th Centuries) )〕 subsequently passed into legislation by the Acts of Union in 1706 and 1707 respectively.
Several significant changes were made to the Court during the 19th century. It was separated into two divisions, the Outer House and Inner House, by the Court of Session Act 1810. A further separation was made in 1815 with the creation of a lesser Jury Court to allow certain civil cases to be tried by jury.〔(【引用サイトリンク】title=Court of Session – other series )〕 In 1830 the Jury Court was absorbed into the Court of Session along with the Admiralty and Commissary Courts.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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