Editing Common law (section)

=== Scotland{{anchor|CL Scotland}} ===
[[Scotland]] is often said to use the civil law system, but it has [[Scots law|a unique system]] that combines elements of an uncodified civil law dating back to the {{Lang|la|[[Corpus Juris Civilis]]}} with an element of its own common law long predating the [[Act of Union (1707)|Treaty of Union]] with England in 1707 (see [[Legal institutions of Scotland in the High Middle Ages]]), founded on the customary laws of the tribes residing there. Historically, [[Scots Law|Scottish common law]] differed in that the use of ''precedent'' was subject to the courts' seeking to discover the principle that justifies a law rather than searching for an example as a ''precedent'',<ref>Stair Memorial Encyclopedia</ref> and principles of [[natural justice]] and fairness have always played a role in Scots Law. From the 19th century, the Scottish approach to precedent developed into a ''stare decisis'' akin to that already established in England thereby reflecting a narrower, more modern approach to the application of case law in subsequent instances. This is not to say that the substantive rules of the common laws of both countries are the same, but in many matters (particularly those of UK-wide interest), they are similar.

Scotland shares the [[Supreme Court of the United Kingdom|Supreme Court]] with England, Wales and Northern Ireland for civil cases; the court's decisions are binding on the jurisdiction from which a case arises but only influential on similar cases arising in Scotland. This has had the effect of converging the law in certain areas. For instance, the modern UK [[negligence|law of negligence]] is based on ''[[Donoghue v Stevenson]]'', a case originating in [[Paisley, Renfrewshire|Paisley, Scotland]].

Scotland maintains a separate criminal law system from the rest of the UK, with the [[High Court of Justiciary]] being the final court for criminal appeals. The highest court of appeal in civil cases brought in Scotland is now the [[Supreme Court of the United Kingdom]] (before October 2009, final appellate jurisdiction lay with the [[Judicial functions of the House of Lords|House of Lords]]).<ref>{{cite web|url=https://www.supremecourt.uk/about/role-of-the-supreme-court.html|title=Role of The Supreme Court – The Supreme Court|first=The Supreme|last=Court|website=www.supremecourt.uk|access-date=4 October 2016|archive-date=1 January 2017|archive-url=https://web.archive.org/web/20170101192248/https://www.supremecourt.uk/about/role-of-the-supreme-court.html|url-status=dead}}</ref>