Legal Terms

Front 1

Decree of absolvitor/assoilzie

Back 1

Decree in favour of defender

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Adhere

Back 2

To affirm the judgment of a lower court

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Adjustment and amendment (procedure)

Back 3

Parties make changes to written pleadings

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Affidavit

Back 4

A statement sworn as true before a notary public

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Right of audience

Back 5

Lawyers can appear in court for a client

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Averment/to aver

Back 6

Alleged fact in written pleadings, to allege a fact as true

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Avizandum

Back 7

The taking of time by a court to make a decision

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To cite someone

Back 8

To call a person to court

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Conclusion/crave: which courts?

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A statement of what pursuer seeks (CoS/Sh Ct)

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Condescendence

Back 10

The part of the writ containing the averments

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Counsel

Back 11

Advocate

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Debate

Back 12

Court hearing about questions of law

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Decree

Back 13

Interlocutor deciding case

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Defender

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Opposite of pursuer

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Decree of dismissal

Back 15

Decree in favour of defender on the basis that law gives no remedy

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Esto

Back 16

Alternative argument in case main one fails

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Extract decree

Back 17

Official document containing decree

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Induciae

Back 18

Period which must elapse between initiation of proceedings and litigation

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Interdict

Back 19

An order forbidding someone to do something

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Interlocutor

Back 20

Any court order e.g. decree

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Lord Justice-Clerk

Back 21

Second highest civil judge- presides over Court of Session IH 2nd Div

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Lord Ordinary

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Any OH judge

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Lord President

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Highest civil judge- presides over Court of Session IH 1st Div

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Reclaiming motion

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Appeal from OH to IH

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Overrule

Back 25

When an appellate court says a judgment of a lower court was wrong

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Precognitions

Back 26

Document setting forth what evidence a party/witness with give

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Proof

Back 27

An inquiry into the facts before a judge

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Sist

Back 28

To add or change a party to an action/To suspend an action

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Sustain/repel an argument

Back 29

The court accepts it

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Taxation

Back 30

Determination of expenses due by one side to the other

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A fortiori

Back 31

By reason of being the stronger case

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Ab initio

Back 32

From the beginning

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AC

Back 33

Appeal Cases (mainly England)

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Acts of Sederunt

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Order of Court of Session regulating court procedure

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Acts of Adjournal

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Order of High Court of Justiciary regulating court procedure

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Ad factum praestandum

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Specific implement

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Arbitration

Back 37

A third person is asked to decide on a matter in a dispute

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College of Justice

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Court of Session

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Commissioners of Justiciary

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Judges in High Court of Justiciary

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Complaint

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Criminal charge by PF triggering summary procedure

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Decree of condemnator/decree in foro

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Decree in favour of pursuer

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Consolidation statute

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A statute which repeals and re-amends earlier legislation

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Counterclaim

Back 43

A claim made by the defender against the pursuer

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Diligence

Back 44

Process where a decree for payment can be enforced against assets of defender

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Court of Session established?

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1532

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Distinguish

Back 46

Show that a precedent deals with a different situation and is not true precedent

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Indictment

Back 47

Criminal charge by HMA (not interdict)

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Her Majesty’s Advocate (HMA)

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Lord Advocate but in criminal procedure

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Liferent

Back 49

Right to use property for lifetime

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Lords of Council and Session/Senators of the College of Justice

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Court of Session judges

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Lord Justice-General

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Highest criminal judge, usually same person as Lord President

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Mandate/agency

Back 52

Authorisation to enter into juridical acts on someone’s behalf

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Mens rea

Back 53

Guilty mind

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Nobile officium

Back 54

The power of the CoS and High Court to modify the law on technical points

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Burden of proof/onus probandi

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Onus is on pursuer. Civil- balance of probabilities. Criminal- beyond reasonable doubt

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Opinion

Back 56

Judgment

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Patrimony

Back 57

Totality of a person’s assets and liabilities

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In point

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Relevant

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Doctrine of precedent/doctrine of stare decisis

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Later cases follow rules of older ones

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Procurator

Back 60

Solicitor, so called when appearing in court

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Quantum

Back 61

The amount of loss suffered in monetary terms

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Quasi-contract

Back 62

Unjustified Enrichment

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Quoad

Back 63

With reference to

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Real right

Back 64

Property right

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Personal right

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Right against a person

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Res judicata

Back 66

Once a court has decided a point, the unsuccessful party cannot reopen the case

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Resile

Back 67

To withdraw from contract

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Reverse

Back 68

Where an appellate court holds that a lower court’s decision was wrong

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Subordinate/delegated legislation

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Secondary legislation

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Sequestration

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Formal bankruptcy

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Servitude

Back 71

A right held by one landowner in relation to neighbouring property

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Silk

Back 72

To be appointed a QC

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Solatium

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Damages for physical loss or suffering

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Patrimonial loss

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Economic loss

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Specific implement

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A remedy of enforcement of obligations

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Travaux préparatoires

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Pre-parliamentary papers or motives for legislation

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Transpose

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To implement EU law within the domestic law of a member state

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Ultra/intra vires

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To be outside/within competence