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Dazed & confused! (Read 2640 times)

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Dazed & confused!
Jan 13th, 2008 at 11:31am
Student on accelerated LLB seeks help. Quicksmart. (Exam looming. Going grey before my time etc)
Have two qu's on Scottish Legal System.

1)In Court of Session procedure, (summons) Where there is a dispute in law AND fact, what is the procedure used?
Not sure whether there is proof first then debate?
Or straight to debate (then proof before answer)?
Text books on this confuse (& missed relevant lectures...)

2) What options does an advocate or judge have if seeking to avoid a precedent being used in a court on which said precedent is binding? Is it that they have to try to undermine said precedents validity? Or can they use a variety of methods to do this? 

Any help with these appreciated

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