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Act and
warrant
The interlocutor in sequestration proceedings
which confirms the appointment of the trustee
Action
Proceedings instituted by a person in a civil court.
Acts of
Adjournal
Regulations as to court procedure made by the
High Court of Justiciary in criminal law.
Acts of
Sederunt
Acts passed by the Lords of Council and Session
relating to civil procedure.
Ad factum
praestandum
For the performance of a certain act.
Ad fundandam
jurisdictionem
For the purpose of founding jurisdiction
Ad hoc
Referring only to a particular case or to a
specified set of circumstances.
Ad infinitum
Without limit.
Ad interim
In the meantime.
Adjudication
An action used to take possession of heritable
property, i.e. where a seller of land refuses to give a conveyance to the buyer,
or as a means of taking a debtor’s land to satisfy his creditor’s claim for
debt.
Animus
Will or intention
Appearance
The formal act whereby the defender in an action
intimates his intention to defend.
Arrestment
Legal attachment of money or moveable property in
the hands of a third party.
Articles of
Roup
Conditions of sale by auction.
Assignation
The transfer of a right from one party to
another.
Assize
In
Scotland this word is occasionally and formally used to mean a jury.
Assoilzie
Criminal - to acquit or find not guilty. Civil -
to find for the defender/respondent.
Auditor of
Court
A person charged with the duty of examining
accounts. The Auditors of the Court of Session and Sheriff Courts respectively
examine and are said to “tax” accounts of expenses incurred by parties in civil
actions in the respective courts.
Aver
To
state or allege.
Avizandum
Judgement deferred (verbal or written decision to
be given later).
Bail
(i)
In Admiralty proceedings the security given to obtain the release of a ship.
(ii) In criminal proceedings an arrangement for the release of an accused person
pending trial or sentence formerly requiring a deposit of money subject to
forfeiture but under recent statutory provisions replaced in most cases by a
conditional release subject to penalties.
Bond and
Disposition in
Mortgage secured over real (heritable) property.
Security
Bond of
Caution
Where the Court appoints someone to act on behalf
of another (judicial factors etc.) it requires that they put up some cash (the
bond) so that they will act properly. If they don’t those who are disadvantaged
have something there to recompense them. Note - ‘Caution’ is pronounced to rhyme
with station.
Books of
Adjournal
The books or records of the Justiciary Office.
Books of
Council
A popular title for the Registers of Deeds and
and Session
Probative Writs in which, according to the
directions they contain, deeds, etc., may be registered for preservation or
preservation and execution.
Books of
Sederunt
Records of the Acts of Sederunt in the Court of
Session.
Brevitatis
causa
For the sake of brevity
Caution
Security
(pronounced ‘Kayshun’)
Caveat
“Warning”. A legal document lodged in court by a party so that no order or
ruling affecting him passes in his absence or without his receiving prior
notice..
Circuit Court
The court held by the judges of the High Court of
Justiciary when they sit other than in
Edinburgh.
Cite /
Citation
(i) To summon to court, whether of party,
witness, or juror. (ii) To refer in argument to some authority such as a statute
or decided case.
Cognitionis
causa tantum
An action raised by creditor of a deceased debtor
for purpose of constituting his debt against the estate.
College of
Justice
A formal name of the Court of Session. The
College of Justice includes advocates, solicitors, court staff and others, as
well as the judges.
Commissary
Relating to establishing the succession rights
and disposal of a deceased persons estate.
Commissary
Court
The Court which grants a title to Executors or
Administrators.
Complaint
A document instituting summary (minor) criminal
proceedings in a sheriff or district court setting out the offence charged.
Compearance
The appearance of a Defender.
Conclusion
The conclusion in a Court of Session summons is
the statement of the precise order sought. To conclude foris to claim in this
fashion.
Condescendence
A printed or written statement in an action
setting forth the grounds of action of the Pursuer.
Confirmation
nominate
The title of the Executor (Testate = where there
existsa will).
Confirmation
dative
The title of the Executor (Intestate = where
there is no will).
Consignation
The deposit in court or with a third party under
court authority of money or an article in dispute.
Consistorial
Relating to family matters It Is derived from
consistorium, the place where theEmperor’s council met. The bishops used it for
their courts and thence the adjective consistorial came to be used as
descriptive of the court of the commissaries and of the court of the
commissaries and of the actions which were tried there. In modern use, as
applied to actions, it has been narrowed down to mean actions between husband
and wife or parent and child which involve status.
Counsel
In
Scotland a member of the Faculty of Advocates practising at the Bar.
Courtesy
The estate which the husband has for life in the
real estate left by his wife.
Creditor
A person to whom another person (or debtor) is
obliged in some monetary or other obligation.
Curator
A
person either entitled by law or appointed by the court or an individual to
administer the estate of another, as of a young or insane person. Commonly
mispronounced curator.
Criminal
Appeals /
Criminal appeals result from summary (less
serious)
Justiciary
Appears
work. Justiciary appeals result from solemn work.
Curator
ad litem
A person
appointed by the court to look after the interests of a party to proceedings who
is under legal disability but has no guardian.
Curator
bonis
The person
appointed by the court to manage the estate of a young person in place of his
legal guardian or to manage the estate of an adult suffering from mental or less
commonly, bodily infirmity.
Curatory
/
Where people are too young, or infirm, to look
after
Judicial
Factor Accounts
their own (financial) affairs they have someone
appointed to do so (a curator or judicial factor). These appointments are made
by the Court and those appointed have to account for their intermission on the
estate of the ‘incapax’
Custody Order
now known as a “Residence Order”
Cy Pres
Approximation: as near as possible
Debate
Intermediate step in procedure which can result in the conclusion of a civil
case prior to proof proceeding.
Debtor
A
person obliged to pay some monetary or other obligation to another (the
creditor).
Decern
An extremely formal verb meaning to give final
decree or judgement, formerly but no longer necessary to warrant the issue of
extract (copy of) the judgement.
Decree
The
common term for a final judgement. (The word as a term of art is accented on the
first syllable). Thus decree arbitral, the decision of an arbiter; decree
conform, a decree given by the Court of Session in aid of a lower court to
enable diligence to be done.
Decrees in
Absence
Applications to the court dealt with by the
Sheriff in his chambers in the “absence” of opposition thereto,
De facto
According to the fact: in point of fact.
Defences
The statement by way of defence lodged by the
defender being the party against whom a civil action is brought. The plural
signifies, presumably, that the defender may rely on more legal answers than
one.
Defender
A person who disputes the claim of the pursuer
and lodges defences.
De fideli
administratione
Of faithful administration (This phrase is used
to describe an oath perhaps to a translator for a witness).
De jure
According to law, or in point of law.
De novo
Of new
De plano
Immediately, summarily, without attention to
forms.
Diet
The
date for hearing of a case for any one of a variety of purposes, fixed by the
court.
Diligence
Execution against debtors; also a process for
procuring the recovery of writings from an opponent or third party or for
obtaining the evidence of witnesses before a commissioner.
Discharge
Release
Dispone
To grant transfer or alienate- applied usually to
heritage.
District Court
The court in each district or island area dealing
with the most minor criminal offences and replacing the burgh or magistrates
courts as existing before the local government reorganisation in 1975.
Eik
to confirmation
Title of Executor to additional estate
Eodem
die (eo die)
The same day.
Et sequentes
paginae
And following pages.
(Et seq)
Evidence Led
When a trial (either summary or solemn) calls in
Court it will either –
(a) proceed
(evidence will be led by the Crown and the Defence);
(b) Evidence
will be partly led and the trial continued to another date;
(c) The trial
may be adjourned to another date for some reason (with no evidence led); or
(d) it may be
disposed of either the Crown no longer proceeds or a plea to the charge is
accepted.
Executor
dative
Executor appointed by the Court.
Executor
nominate
Executor named in a Will.
Ex facie
On the face of it; evidently
Ex officio
As holder of a particular office or appointment.
Exoner
To discharge of liability. Thus a judicial factor
may seek exoneration and discharge at the hands of the court.
Ex parte
Proceedings are ex parte when the party
against whom they are brought is not heard, e.g. in interdict proceedings an
interim interdict may be granted ex parte.
Expede
Confirmation
To lodge the necessary documents in court and to
obtain a Grant of Confirmation in favour of an Executor of Administrator
Ex post facto
From something done afterwards.
Ex proprio
motu
In the court’s or judge’s own initiative.
Ex tempore
At the time. e.g. an ex tempore judgement -given
there and then.
Extract
A
written instrument singed by the proper officer, containing a statement of a
decree and if necessary, a warrant to charge the debtor and to execute all
competent diligence against person or property. To extract is to procure this
instrument.
Extract Decree
/
Each step of an Ordinary Action (one other than a
Copy
Interlocutor
summary cause or small claim) is recorded in an
interlocutor. It is a short summary of what has happened to the case each time
it comes before the Sheriff. A copy of the interlocutor is enough in some
instances to carry out the order of the Court (what the Sheriff had decided). An
extract decree is required where an interlocutor would not do and a more formal
document is required.
Extra-judicial
The word today occurs perhaps most often in the
expression extra-judicial expenses, meaning expenses incurred out with the
normal course of judicial proceedings and as such not normally recoverable by a
successful party from his opponent.
Feu
duty
Perpetual ground rent.
Fiar
The person entitled to the fee of say Land or
Securities which may be liferented by another.
Fiat ut
petitur
Let it be done as prayed for.
First
Deliverance
First order in proceedings. Term normally used
for liquidations, sequestrations and other civil matters
Forum non
conveniens
being applied to a court which although having
jurisdiction is not the appropriate court for the matter in issue..
Fund in medio
The property or money in the hands of the holder
of the fund in an action of multiplepoinding.
Germane
Of full blood; born or deceased of the same
father and mother.
Habili
modo
In the manner competent.
Heirs in
mobilibus
Nearest heirs
including representatives of predeceasers
entitled to succeed to moveable estate as opposed to heritage.
Heritable
Estate/Property
The term for property in the form of land and
houses.
Holograph Writ
A deed or writing written entirely by the
grantor. Where printed or otherwise mechanically produced or written by another
the grantor may “adopt as Holograph” which has the same effect as if wholly
written by the grantor.
Ibidem
(Ibid)
In the same place
Incapax
As applied to a person, signifies legal, mental,
or physical incapacity.
Indictment
An accusation of crime running in the name of the
Lord Advocate, tried by a jury in serious cases in the High Court or sheriff
court. A document setting out the charge(s) against the accused in more serious
crimes (known as - Solemn Crime). For less serious crimes, see - Summary Crime.
In foro
As applied to a decree of the court signifies
that it has been granted against a party for whom defences or answers have been
lodged, as opposed to decree in absence.
Inhibition
A writ which prohibits a debtor from burdening
his heritage or parting with it to the detriment of theinhibiting creditor.
In hoc statu
For the time being, at this stage.
Initial Writ
The document by which civil proceedings in the
sheriff court are normally initiated the corresponding document in the Court of
Session being the summons.
In litem
In the case or action.
In meditatione
fugae
About to leave the country.
Inner House
The two appellate divisions of the Court of
Session, so-called originally on the simple topographical ground that their
courts lay further from the entrance to the courthouse than did the Outer House.
In perpetuum
Forever
In praesentia
dominorum
In the presence of the Lords (usually seen as the
abb
(IPD)
reviation
I.P.D. after the signature of the chairman of the Appeal Court).
In retentis
Evidence taken to lie in retentis – to be
laid aside until the proper time arrives for adducing it
Insolvency
The state of being unable to pay one’s debts.
Insolvency
practitioner
A person, usually an accountant or solicitor,
qualified in terms of the Insolvency Act 1986 to act as liquidator or supervisor
in relation to a company or as trustee or supervisor in relation to an
individual.
Instance
The part of a summons or writ in which the
parties to the action are identified.
Interlocutor
An injunction or order of court made during the
course of an action.
Interlocutor
(final)
Final decision of the action.
Intermediate
diet
Mandatory step in criminal proceedings which
allows the court to check whether the case is likely to proceed on the trial
diet assigned. Potential to free up space in the diary, helps to reduce waiting
periods. Minimises inconvenience to witnesses etc.
Inter alia
among other things.
Interdict
The judicial prohibition issued by the Court of
Session or Sheriff Court comparable with the English injunction In an emergency,
interim interdict can be obtained ex parte.
A court order sought to prevent a particular action being carried out.
Interim
As
applied to the ruling of a court, temporary or partial, e.g. in matters of
interdict.
Interrogatories
Written questions adjusted by the court, to be
put to witnesses examined under a commission.
Inter vivos
Between living persons.
Inventory of
Deceased’s
List of deceased estate.
estate
Inventory of
Process
A list of the documents in a court process
Ipso facto
By that very fact
Ipso jure
By the law itself
Judicial
Factor
Usually a solicitor or accountant appointed by
the court in specific matters.
Judicial
Review
A remedy whereby the Court of Session may review
and if necessary rectify the decision of inferior courts, tribunals and other
public officers and authorities where no other form of appeal is available.
Jurisdiction
(i) In international law the power of the state
to enact and enforce legislation. (ii) In national systems the power of a court
to entertain particular cases as determined by factors such as location or
district or the value or type of the case.
Jury
A
group of lay persons chosen to decide upon issues of fact in legal proceedings.
Jus relictae
The right of a widow (one half or one third as
the case may be) in her deceased husband’s personal estate.
Jus relicti
The right of a widower (one half or one third as
the case may be) in his deceased wife’s personal estate.
Justice-Clerk,
Lord
The second in dignity of the Scottish judges, who
presides over the Second Division of the Court of Session.
Justice-General, Lord
The highest criminal judge in Scotland. The
position is, in modern times, held by the Lord President.
Lack of Time
This occurs when a case is down for trial or
proof etc.
Adjournment
cannot proceed because other business takes
priority on the day. Witnesses etc. inconvenienced, waiting periods affected.
Legitim
The legal share (one half or one third as the
case may be) of a parent’s free moveable estate due on death to the children.
Life rent
An estate for life as opposed to the fee. Legal
liferents are Terce (dower) and Courtesy.
Liquidation
The procedure for winding up and dissolving a
corporate body such as a limited company, the person appointed to ingather
assets and adjust and settle claims being called the liquidator.
Loco parentis
In place of a parent.
Loco tutoris
In the place of a tutor.
Locus
Place
Mace
An
ornamental staff of authority borne by a macer before a judge of the Court of
Session or High Court of Justiciary and
displayed in his court while it is sitting.
Matrimonial
home
Any structure provided by one or both spouses and
forming a family residence.
Mens
rea
Guilty purpose.
Messengers-at-Arms
Formerly called Officers-at-Arms, are officers
appointed by the Lord Lyon King of Arms, whose function is to execute civil and
criminal process of the Court of Session and High Court of Justiciary.
Missive of
Sale
Agreement setting forth terms of sale.
Mora
undue delay
Mortis causa
Deeds made in contemplation of death.
Motion
An
application made in court for some subsidiary purpose during the course of an
action.
Moveable
Estate
Personal estate
Multiplepoinding
An action to
determine the rights of parties to a fund in dispute and to release the holder
of the fund from any claim for repetition.
Mutatis
mutandis
With the necessary alterations, e.g in a document
or clause applying to various circumstances.
Next of Kin
Survivors of a class nearest in degree including
representatives or predeceasers in that class.
Nobile
officium
The noble office or duty of the Court of Session;
an equitable jurisdiction in virtue of which the court may, within limits,
mitigate the strictness of the common law and provide a legal remedy where none
exists.
Notes of
Appeal /
When someone wishes to appeal from the Sheriff
Stated Case
Court to the High Court, they do so by either
method. If they wish to appeal against sentence only (i.e. the severity) they
appeal by note of appeal. If they wish to appeal against conviction and/or
sentence they appeal by stated case.
Nullity
Non
existent of lacking legal force as applied to acts or writings which are null
and void: also applies to a marriage affected by an inherent defect such as
existence of a prior marriage or relationship within a prohibited degree.
Oath
In
court proceedings the undertaking by a witness to give truthful evidence, the
alternative for a witness having no religious belief being affirmation.
Ob
contingentiam
On account of connection or similarity
Obiter dictum
Opinion given incidentally
Obtemper
To obey, usually of the decree or order of a
court.
Opinion
A
statement by a court or judge of reasons for the decision in a case.
Ordinary
Action
All civil actions which because of their value or
complexity are started as this. The case is detailed in an ordinary writ.
Ordinary Civil
Civil proceedings as above (wider ranging,
including divorce etc.). Monetary claim £1500 and above.
Ordinary,
Lords
The judges who try cases at first instance in the
Court of Session.
Outer House
The part of the Court of Session which exercises
a first instance jurisdiction. Cf. Inner House. The Supreme Court is
split into these two Houses. The Judges in the Outer House deal with ‘first
instance’ (new work) which has not been before a ‘Court’ but may have been
before a tribunal or panel. See also - Inner House.
Pari
passu
To share and share alike or ranking equally, e.g.
in the case of claims or security rights.
Parole
evidence
Oral evidence of witnesses, as contrasted with
documentary evidence.
Per incuriam
Through negligence, mistake or error.
Perjury
The
crime committed by a witness in court proceedings involving the affirmation of a
deliberate falsehood on oath or on an affirmation equivalent to oath.
Per stripes
By descent, i.e. through parent and not in own
right. (Where per stripes the share which would have fallen to the
predeceasing parent if alive is divided equally among his children).
Petition
A document by which court proceedings are
initiated - like a summons but used for specific types of case. Can have various
meanings. An indictment originally calls as a petition until the Crown are in a
position to indict the accused on the charges. In civil business the term also
relates to certain types of applications to the court.
Petition and
Complaint
The procedure in the Court of Session where the
remedy sought is a punishment for failure to obtemper a decree.
Pleading Diet
Date assigned for case to call and for plea to be
given i.e. guilty, not guilty, insane etc.
Plea-in-law
A short proposition at the end of a written case
showing exactly the remedy sought and why.
Precedent
(i) The decision of a court regarded as a source
of law or authority in the decision of a later case. (ii) A form of deed or writ
regarded as basically satisfactory and accordingly suitable for use or adoption
in legal practice.
Precognition
Preliminary statement by a witness.
Precognosce
To take a precognition.
President,
Lord
The highest civil Judge in Scotland who presides
over the First Division of the Court of Session.
Proceeded to
Evidence
Similar to evidence led but in a civil proof.
Procurator-fiscal
Literally, the procurator for the fiscal or
treasury; now the style of the public prosecutor in the sheriff court.
Production
An article produced as evidence in court.
Pro forma
A document used as a form or style.
Pro indiviso
In an undivided state, usually in relation to
property held by several persons.
Pro loco et
tempore
Without place and time.
Pro non
scripto
As not written.
Proof
In
addition to its general meaning, this word has the formal sense of the
determination of a case by a judge alone after hearing the facts (the evidence).
Where evidence is heard on the facts before questions of law are determined,
there is said to be a proof before answer.
Prorogate
Continue or extend
Pro tanto
For so much
Pursuer
The
person suing in an action. The English equivalent is plaintiff.
Quam
primum
Forthwith or as soon as possible.
Quantum
An amount fixed or specified in money as in a
claim for damages.
Quantum valeat
For as much as it is worth.
Quasi
As if, as though.
Quoad
ultra
As regards everything else.
Receiver
A person appointed to enforce the rights and
remedies of the holders of a floating charge over the assets of a company which
is in default in relation to the claim or debt which the charge secures.
Record
The
statements of their respective claims and answers by parties to an action,
lodged in court; when finally adjusted it is closed by order of the court and
becomes the closed record; up to then it is the open record. When used in this
sense the words bears the accent on the second syllable.
Recoveries
under
Where documents etc. (productions) are likely to
be
Specification
used to prove a case, they sometimes require the
Court to grant authority to receive them from a third party e.g. x-rays from a
hospital.
Reduce
To
annul or set aside by legal process.
Register of
Inhibitions
The Register of Notices of personal diligence
which
and
Adjudications
affect the voluntary conveyance of real property.
Register of
Sasines
The Register of Titles to land and heritable
property in Scotland.
Remit
The
transfer of some matter by one judge to another, but more often by a judge to a
person named as, e.g. to an expert “a man of skill”, in order that the latter
may inquire and report.
Repel
A
Scottish court does not overrule a plea or an objection, it repels it. The
opposite is to sustain (or uphold).
Repone
To repone a defender is to restore him to his
position as a litigant when decree in absence has been given against him. Also
competent in, e.g. case of failure to lodge documents in appeal to Court of
Session.
Reporter
A person appointed to hold a public inquiry; also
applied to professional persons, lawyers or others, to whom the court may remit
some aspect of a case for investigation or advice; to the officers responsible
for bringing cases before children’s panels; also to those who prepare and
compile the published reports of cases decided by the courts.
Residence
Order
A formal order by a court in relation to whom the
child of a relationship should be with.
Resident
Sitting Days
The resident refers to the resident Sheriff at
that Court as opposed to a Sheriff sitting temporarily- i.e. the solicitor used
as Temporary Sheriff and arranged by Operations and Policy Unit.
Res
ipsa loquitur
The thing done or the transaction speaks for
itself.
Res
judicata
A question decided by competent legal
proceedings, which cannot again be raised.
Respondent
The party in a civil action defending on appeal.
Retrocession
Reconveyance
of a right to him who gave it
Review
Revision by a higher court on appeal.
Rolls
Official lists of cases as set down for hearing. Thus, in the Outer House of the
Court of Session there is a motion roll; a procedure roll, of cases in which
preliminary pleas are to be decided; and the summar roll of cases in the inner
house which call for hearing. The single bills is also a roll of the Inner
House, being that in which motions are entered for hearing.
Roup
Public auction.
Rubric
A
chapter heading.
Seised
See Vest.
Separatim
Apart from anything already advanced or pleaded.
Sequestration
To render bankrupt. Strictly, it is a person’s
estate which is sequestrated or set aside for the use of his creditors. To
sequestrate for rent is to take the furniture, etc., on leased premises to
satisfy a claim for rent. Sequestration therefore means a process of bankruptcy,
except where qualified by the words “for rent”.
Service of
heir
The Court process by which an heir proves and
acquires a right or title to real estate of an ancestor.
Sheriff
A
qualified person who sits in judgement. In the sheriff court (there are 49
sheriff courts) in Scotland.
Signet
The
Seal of the Court of Session and a sign of its authority. It is applied to a
summons as authority to serve the summons on the defender.
Sine die
No day fixed.
Sine qua non
Without whom nothing can be effectually done.
Sist
(i) To stay or stop process; (ii) To summon or
call as a party.
Sitting Date
The number of possible days the Court could have
sat to deal with various types of business i.e. civil sitting days, criminal
sitting days.
Small Claim
Civil proceedings for payment, delivery,
repossession, implement of obligation (monetary claim not exceeding £750). This
type of simplified action was devised to allow the layman to conduct the case
without the need for employing a solicitor.
Solatium
Extra damages allowed in certain cases in
addition to actual loss – for injury to feelings.
Solemn Crime
Serious criminal offence(s). Proceedings commence
by way of a petition and may proceed to an indictment. Maximum penalties on
indictment -5 years imprisonment, unlimited fine. (Common law). Statute may
direct higher penalties for certain statutory offences. For less serious crimes,
see - SummaryCrime.
Solemn
Procedure
The procedure under which a person charged on
indictment is tried by a judge of the High Court of Justiciary
or a sheriff with a jury of 15, the votes of eight being sufficient for a
conviction.
Statute
An
Act of Parliament.
Statutory
Instrument (S.I.)
The form in which orders, rules and regulations
or other subordinate legislation are now made superseding, since 1947, statutory
rules and orders (S.R.& O.).
Summary
As
applied to criminal proceedings denotes those taken otherwise than on
indictment; in civil proceedings in the sheriff court, the summary cause is the
form of simplified procedure now applicable to a fairly wide category of cases
with a limit of £1,500 in the case of pecuniary (i.e. monetary) claims. Summary
application is a comprehensive name for applications which can be disposed of in
a summary manner. Summary diligence denotes diligence proceeding on a deed or
document registered for execution or on certain bills of exchange, in each case
without an action constituting the debt. A summary warrant is a warrant issued
by the sheriff to a local authority authorising diligence for the recovery of
arrears of rates or Community Charge.
Summary Cause
Civil proceedings as above (perhaps wider
ranging). Monetary claim £750 but not exceeding £1500.
Summary Crime
Less serious criminal offence(s). Proceeds by way
of a complaint. Maximum penalties - 3 months imprisonment, 6 months for
2nd/subsequent offence of dishonest appropriation or violence; fine not
exceeding £5000. (Common law) Statute may direct higher penalty. For more
serious crime, see - Solemn Crime.
Summons
Most importantly, the usual form of writ in the Court of Session issued in name
of the sovereign and containing a royal mandate to messengers-at arms to cite
the defender to the Court of Session.
Superior
The grantor of a feudal right.
Supra citatum
(Sup cit)
Above cited.
Surrogatum
A thing substituted for another.
Taxation
As applied to legal expenses or charges including
solicitors’ or advocates’ fees incurred in court proceedings or otherwise means
the scrutiny of the account by the Auditor of Court to exclude or amend items
unjustifiably included or excessively charged.
Teinds
Tithes – the tenth part of the annual produce of
land out of which a minister’s wage was originally payeable.
Terce
The widow’s legal right of Dower in real estate.
Tithe
The
tenth part of the increase annually arising from the profits of land and stock,
allotted to the clergy.
Trial
Criminal proceedings (when an accused person has pled not guilty) where the
court hears the evidence of witnesses to the alleged crime(s).
Tribunal
A person or body of persons other than a court of
law, having power to determine claims or disputes of some particular nature.
Trustee in
Sequestration
Trustee in Bankruptcy.
Tutor
or
Tutrix
The guardian
of an infant.
Ultimus
haeres
Last heir. The crown.
Ultra vires
Authority.
Vitious
intromission
The meddling with the moveable estate of a
deceased without probate of the Will of other Title.
Verdict
The
decision of a jury on the matter or matters submitted to it by the court.
Vest (seised)
One is seised or vest in real estate when holding
the same on a title recorded in the appropriate Register or Sasines.
Vexatious
litigant
A person who takes proceedings primarily for the
annoyance or embarrassment of the defender and whose activities in raising
actions may be restrained by the Court of Session.
Volenti
non fit injuria
Accepting the risk of injury.
Waiting Period
The length of time between fixing a trial, proof
etc. and the case calling for that purpose.
Warrandice
Absolute warrandice is a warranting or assuring
of property against all claims whatever.
Warrant
A
written authority, e.g. from a court, authorising certain actions such as a
search of premises or an eviction of occupiers. Also used to signify a document
evidencing a right of some kind, e.g. in a title to heritable property. Formal
permission bt the Court to cite.
Writs
Documents of title. |
