GLOSSARY OF THE MORE COMMON SCOTTISH LEGAL TERMS

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Glossary of some of the More Common Scottish Legal Terms

GLOSSARY OF THE MORE COMMON SCOTTISH LEGAL TERMS

(Further less commonly used Latin terms can be found in “Traynor’s Latin Maxims”)

Absolvitor The judgement pronounced when a court assoilzies a party.

Accountant in Bankruptcy The administrative supervisor of sequestrations and personal insolvency.

Accountant of Court An officer of court who supervises the conduct of judicial factors.

Accused A person charged with committing a crime or offence.

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. 

About The Author

Alex Goumakos is a CPA, business advisor and guest consultant of Active Filings LLC, a professional incorporating company that provides services in all US. (http://www.activefilings.com/). Alex can be reached by email at alex@activefilings.com. Get more free articles at

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