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Terminology of Scots Law

A
A coelo usque ad centrum
The grant of a disposition or a feu charter confers on the new owner of the land the dominium utile (Scottish equivalent of freehold) not only of the whole grounds described in the charter, but also buildings, woods, waters and fishing (not usually salmon) rights and any other property in or under the surface (such as mineral rights) or above it (eg the air space occupied by the building). This means that the owner in theory owns everything a coelo (from the sky) usque ad centrum (right down to the centre of the earth). However, in practice there are many exceptions to this principle. Planning law often restricts the use of the land; the mineral rights have usually been reserved to the superior, and the use of the air space above by aircraft is covered by other legislation.

A non domino

From a non-owner. Used to describe a disposition of land granted by a disponer who does not have title to the land. An a non domino disposition is used to dispone property with no traceable owner. After 10 years' unchallenged possession, the title of the disponee can no longer be challenged. The doctrine of positive prescription cures the defect in the manner in which title was passed.

Ab extra Ab initio Ab inito absolute discharge

From outside Latin - from the start. From The beginning unconditional release

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Absolute interests in landThis means that a person has unfettered

ownership of property, the equivalent of a freehold in English land law. In Scotland historically there have been two distinct legal estates, superiority and feu. The estate of superior was unfettered, and therefore absolute. Under a feudal estate the actual owner must not have breached the feuing conditions, but he was otherwise entitled to complete possession of his property for all times, and therefore his ownership is also regarded as absolute, subject to any statutory restrictions, eg planning. (See also "feuduty" and "blench holding").

absolvitor ACCESS

the judgement pronounced when the court assoilzies The right granted to a parent or other relative to visit a child on the basis as specified by the court.Usually occurs during divorce proceedings. Accessorius sequitur One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender person who helps in or is privy to a criminal act an action that subserves an ulterior legal purpose an obligation undertaken in order to make an earlier obligation more effective when the imperfect title of A, who has conveyed to B, is later perfected in A, the validation perfects also B's title charge against someone one who is blamed for a crime Allowing acts to pass over a period of time may bind a person legally as having "acquiesced" or having accepted acts hence his reciprocal obligations.In other words you have waived your right to legal recourse because you never got the finger out in time.

Accessorius sequitur

accessory accessory action accessory obligation accretion

accusation accused Acquiescence

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acquittal

declaration of the court that the accused is not guilty (does not proven also apply?) A bill which has passed through the various legislative steps required for it and which has become law, known as Acts of Parliament or Statutes. An event which is caused solely by the effect of nature or natural causes normally found in Insurance contracts whereby an insurance company may not pay out as the damage was caused by hurricanes, floods earthquakes or other calamities deemed "acts of God". acts, conduct This means literally "the action of how much less". Nowadays, the majority of contracts for the sale of land and/or buildings in Scotland provide that where the condition of the property does not match the terms of the contract, the purchaser may retain the property, but raise an action of damages against the seller based on 'quanti minoris', that is how much less the property is worth than it would have been had the vendor not been in breach of contract.

Act

Act of God

actings Actio quanti minoris

action for payment ACTUAL MALICE

a lawsuit A statement made with the knowledge that it was false or without care as to whether it was true or not. A guilty deed or act For this purpose For ever, without limit, To infinity

Actus reus Ad hoc Ad infinitum

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Ad perpetuam remanentiam

This purchasers' right set out in Section 3, Contract (Scotland) Act 1997, amended the old common law, which had forced purchasers either to accept the property at the agreed price or reject it entirely and claim damages. A disposition from feuar to superior containing a clause `ad perpetuam remanentiam' merges the two legal estates of feu and superiority together under one single ownership. On the abolition of the feudal system, such dispositions will become redundant as superiorities will be extinguished.

adhere ADJOURNMENT adjudication adjust adminicle admissible admission admit, to admonish admonished advise advocate (v.) Advocate Depute affidavit AFFIDAVIT

of a court, to affirm the judgement of a lower court postponement. to alter the pleas in a written pleading before the record is closed a piece of supportive evidence allowable in law confession to confess (of a court) to give a defendant a warning to give a considered judgement in a case to bring up the judgement of an inferior court for review Scottish law official (under Lord Advocate) A sworn statement.Usually made in the presence of those authorised to take sworn statements.Usually made in the presence of a notary public or justice of the peace.

affirmation AGE OF MAJORITY

a binding statement The age when a person acquires all the rights and responsibilities of being an adult.

aggravated assault aggravated assault

intentional grievous bodily harm

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aggravated offence)
(against such persons or property as to make it more serious circumstances in a criminal charge, which, if proven result to a more serious conviction, e.g. a previous conviction legally committed to doing something test of breath alcohol At another place, Elsewhere reporting or listing of non-citizens Also sometimes referred to as maintenance or in England alimony. In a divorce or separation, the money the court decides should be paid to a spouse and or child/ren usually stated as a sum on a weekly or monthly basis.This is to allow the separated spouse and children to maintain a lifestyle which would have come within the marriage prior to separation.

aggravation

agreed to be bound alcotest Alibi aliens registration ALIMENT

Aliunde Allegation Allodial land

From elsewhere, or, from a different source unproven accusation or statement This is land that is held absolutely, ie without the recognition of a superior. It includes the Crown's ultimate superiority over all feudal land, udal land in Orkney and Shetland, and parish churches and churchyards. All land in Scotland will effectively become allodial when the feudal system is abolished.

Alms

donation of money, goods or property to the poor

ALTERNATIVE DISPUTE Methods for resolving problems without going to court. RESOLUTION to make alterations on pleadings after the amend (v.)
record is closed

AMICUS CURIAE

Latin for "friend of the court." Refers to a party who is allowed to provide information to a court even though the party is not directly involved in the case at hand. A friend of the court

Amicus curiae

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amnesty

period during which there is a general forgiveness or reprieve, usually for criminal or political offences the right to a yearly payment in money A legal decree dissolving a purported agreement or arrangement.For instance a court granting annulment of marriage in effect is stating that a marriage was never valid and has the legal effect as though it never existed. a written pleading given in reply to a claim In a civil case, the defender's written response to the pursuer's claims in the court writ/summons.Answers once timeously lodged with the court either admits to or (more typically) denies the factual and or legal basis for liability. Before selected group of officers dealing solely with crime an object of considerable age, esp. furniture or art person to whom succession has opened with the death of his predecessor, but who has not completed hit title to the estate succeeded to (It must not be confused with heir-apparent) A request to a higher court to overturn an inferior court's decision.An appeal from the District or Sheriff Court would be to the Court of Session civil cases.An appeal from the District or Sheriff court in a criminal case would be to the High Court..The Court of Session and High Court form the Supreme Courts of Scotland.

annuity ANNULMENT

answer ANSWER/S

Ante anti-crime antique apparent heir

APPEAL

appeal appeal from licensing board appellant applicant application

application for reconsideration of court decision

person making an appeal person applying (to enter or stay in the UK) asking for something by verbal or written request, or a completed form asking for

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appoint apprehend arbiter

something of a court, to order or direct to arrest a person chosen voluntarily by parties to a dispute to decide the difference between them (In English Law, he is called "arbitrator") punishment inflicted at the discretion of the judge A method of alternative dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator. bring a prisoner before court to answer an indictment 1. to apprehend; 2. to take the property of a debtor or defender in the hands of a third party the person holding goods arrested The formal serving of court documentation on behalf of a creditor by officers of the court(Sheriff Officers or Messenger at Arms)on third party which prevents the third party from releasing funds due to the debtor.Typically arresting someone's bank account prevents the withdrawal of money by the account holder.Arrestment of wages is another example.

arbitrary punishment ARBITRATION

arraignment arrest

arrest warrant arrestee ARRESTMENT

arson art and part ARTICLES OF INCORPORATION

criminal fire-raising or starting of fire in the capacity of an accessory or an accomplice A document that must be lodged with Companies House when forming a Company. Among the things it typically must include are the name and address of the company, its general purpose and the number and type of shares of stock to be issued. as is agreeable to law (often shortened to "as accords") in cases of succession, a person akin to the deceased belonging to a preceding generation attacker

as accords of law ascendant

assailant

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assault assault and battery Assignation

attack Under Section 96 of the VAT Act 1994, the English land law term 'assignment' is interpreted in relation to Scotland to mean 'assignation'. An assignation is a document which transfers rights (eg a debt or the tenancy under a lease) from an assignor to an assignee. In Scotland an assignation must be intimated to interested third parties in order to be effective. For example, the tenant would be required to notify the assignation to the landlord.

ASSIGNMENT

The transfer of legal rights to another for instance a tenant assigning his lease to a third party would result in the third party taking over all rights and obligations of the tenant as stipulated in the lease from the date of the assignation.

Assistant Chief Constable assolzie (v.) ASYLUM SEEKER

to absolve or decide in favour of the defender A foreigner, already in the U.K. or at the border, who seeks refuge, claiming an inability or unwillingness to return to the home country because of a well-founded fear of persecution. a person from whom one derives his title by sale or gift to state or allege in written pleadings to take a case for consideration out of court to endorse Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms, or knowingly misrepresenting the quality of something that is being bought or sold.

author authority aver avizandum

B
back (up) BAD FAITH

badger a witness

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BAIL

The accused being released on agreeing to conditions guaranteeing that he or she will show up in court at a later date and abide by the conditions set by the court such as not interfering with witnesses etc.,.In Scotland monetary sums are not usually involved in granting bail except in certain types of cases such as Immigration.

bail

conditional release of accused pending trial

bail committal for further examination baize balaclava Sequestration or insolvency; a process BANKRUPTCY

governed by Bankruptcy(Scotland)Act/s resulting in a court action whereby once sequestration(bankruptcy) is granted the debtor will not be liable for most debts incurred prior to sequestration.The court appoints a trustee to ingather the debtor's assets to distribute to creditors in accordance with the Bankruptcy Act/s. desk or counter in police station OR section of legal profession to which barristersin England belong to police truncheon area covered by police control A trial held before a judge and without a jury. The person named in a will or insurance policy to receive money or property; person who receives benefits from a trust. corrupt officer The highest level of proof required in criminal cases before a jury or judge can pronounce a a guilty verdict. otherwise

bar (the) baton beat BENCH TRIAL BENEFICIARY

bent(copper) BEYOND A REASONABLE DOUBT

beyond reasonable doubt such that no reasonable person could think bleeding
losing blood

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Blench holding

This is where land is held for a return which is merely nominal. Blench duty is a payment similar to feuduty. It is payable where land is held on blench tenure. See 'feuduty'.

BOARD OF DIRECTORS The group of people elected by a company's

shareholders to make major business decisions for the company.

body bolt Bona Fide Bona vacantia bond BOND

prisoner sliding bar and socket used as a lock Sincere, In good faith Goods without an owner a written obligation to pay money or do something A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.

bonnet Books of Council and Session

front part if body of car covering the engine A public register of deeds held by the Keeper of the Registers of Scotland in which a wide variety of deeds may be registered. luggage compartment at back a warrant for the arrest of the effects and person of a man in England for debts owed in Scotland

boot border warrant

bout bracelets brake (n.) brake (v.) breach of contract breach of peace breaking and entering bumper burden

handcuffs the stopping mechanism of a vehicle to use the brakes to stop a vehicle

the protective bars at the lower front and back of vehicles a limitation, or restriction affecting property

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Burden

Any restriction, limitation or encumbrance affecting a property, obliging its owner to act, or refrain from acting, in a particular way. Currently there are two types of burdens: real burdens and feudal burdens. Examples of burdens include obligations not to build on land, or to pay for upkeep of common, shared parts of land.

BURDEN OF PROOF

The duty of a party in a case to to persuade the court that enough facts exist to prove the allegations of the case. the responsibility to prove certain facts at issue mechanism rigged to alert others by ringing of the presence of intruders A local authority's own rules and regulations having statutory backup powers to pass same.For example by-laws governing the code of conduct to be applied in a public park.

burden of proof burglar burglar alarm burst em BY-LAWS

C
cab Cadit quaestio call (of summons)
The matter admits of no further argument a summons is called by the exhibition, in a list on a wall of the court, of the names of parties and their legal representatives. From this date is estimated the time for entering appearance machine previously used to measure alcohol(breath) A quarter or term day in Scotland, formerly the 2nd February but now by statute the 28th day of that month, except where the old date of 2nd February is expressly referred to in the relevant documents.

camic Candlemas

candlestick CAPITAL GAIN

The profit made from the sale of a capital asset, such as property,a work of art,jewellery or shares and stocks.Relevant for calculating capital gains tax.

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CAPITAL LOSS

The loss that results from sale of property such as a work of art,a house,jewellery or shares and stocks.Relevant for calculating capital gains tax go at great speed, sometimes out of control driving without due attention part of road carrying traffic in a particular direction The law which results from courts issuing judgements when deciding individual disputes or cases as opposed to statutory law which results from Acts of Parliament. an accidental killing involving no fault in the killer a person holding security for his debt over more than one piece of the debtor's property

career (v.) careless driving carriageway CASE LAW

casual homicide catholic creditor

causing death by careless driving while under the influence of alcohol caution caution CAVEAT EMPTOR

a warning security in civil matters Latin for "buyer beware." This rule generally applies to all sales between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods. closed circuit television Originally a writ from a High Court to a lower Court to give formal notice of a fact to Other things being equal private office of a sheriff or judge A change in the location of a trial, usually granted to avoid prejudice against one of the parties. accusatio, indictment where a prisoner is charged (slang) knife

CCTV Certiorari certiorate Ceteris peribus chambers CHANGE OF VENUE

charge charge bar chib

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Chief Constable Chief Inspector Chief Superintendant CHILD ABUSE

principle police officer in an area

Arising in criminal cases.Usually occurs when a parent or relative purposefully harms a child. As in child abuse usually arises from a parent's/relative's passive indifference to a child's well-being, such as failing to feed a child or leaving a child alone for an extended time. maintenance payment

CHILD NEGLECT

child support Child Support Agency Appeal Childrens Hearing Childrens Panel CHILDREN'S TRUST CIRCUMSTANTIAL EVIDENCE

A trust set up as part of a will or outside of a will to provide funds for child/ren. Indirect evidence surrounding the case which points the finger at an occurrance.Circumstantial evidence is not proof.If a man accused of embezzling money from his company had made several big purchases in cash around the time of the alleged embezzlement, that would be circumstantial evidence that he had stolen the money.

circumstantial evidence evidence of circumstances providing indirect

or presumptive evidence where there is no direct evidence (also without an eyewitness

citation civil liability clarification CLASS ACTION CASE

A legal action in which one or more parties start an action on behalf of themselves and all other people who are "similarly situated" (suffering from the same problem). Often used when a large number of people have comparable claims.

clerk clerk of the court clip (v.)

court official to hit the edge of something

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clutch Code of Conduct Code of Practice CODICIL coerce a confession / statement COHABITATION AGREEMENT

mechanism of car releasing gears facilitate gear change rules for behaviour guidelines A supplement to a will.

Also called a living-together contract. A document that spells out the terms of a relationship and often addresses financial issues and how property will be divided if the relationship ends. An asset that a borrower agrees to give up if he or she fails to repay a loan. The contract that spells out the terms of employment between unions and and employers. two things to hit one another, usually headon two things hitting one another, usually headon mixture of property belonging people with varying results upon property rights Also see common law.The law created by judgements pronounced in court cases whereby precedents are set. law derived from custom and judicial precedent rather than statute path from public highway to main door shared with other residents Property, either immovable or moveable, belonging to two or more owners pro indiviso, ie in an undivided manner with no separation of shares. Each co-owner may sell his undivided share. In matters of administration, except in the case of necessary operations, the wishes of an owner objecting to a course of action prevail. However, any owner may compel division and sale of the property. See also `pro indiviso'.

COLLATERAL COLLECTIVE BARGAINING AGREEMENT collide (v.) collision commixtion COMMON LAW

Common Law common pathway Common property

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COMMON-LAW MARRIAGE

A bit of a misnomer as the proper term in Scotland is marriage by habit and repute when a couple is considered married if they meet certain requirements, such as living together as husband and wife for a specific length of time and when recognised as such by the court/s a couple has all the rights and obligations of a traditionally married couple.

communicate Community Service Assessment

to make some right available to another in fulfilment of a legal duty assessment of the personal circumstances of a convicted person and their suitability for community service

Community Service Order community service order unpaid service in the community, ordered by
the court instead of some other type of sentence

community service report COMPANY

An independent legal entity created and registered under the Companies Acts to carry on business in its own right.It is owned by shareholders. law governing companies being fit to plead In a criminal action, the document that initiates a summary cause procedure either in the district or Sheriff Court and issued by the Procurator Fiscal.The complaint stipulates the alleged crime committed.

company law competence COMPLAINT

CONCURRENT SENTENCES condemn Confirmation

Criminal sentences that are to be served at the same time rather than one after the other. to sentence a criminal Power judicially conferred on the executor of a deceased person's estate to administer the estate. By confirmation an executor gains title to the property and assets of the deceased. This is comparable to probate or grant of representation.

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CONFLICT OF INTEREST When someone is acting on behalf of

separate parties with competing claims then there is said to be a conflict of interest.For example a lawyer having competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his duties fairly say were he to act both for the seller and buyer.

Confusio

This arises where one party owns both the superiority and the feudal estate and holds both estates in the same capacity openly, peaceably and without judicial interruption for 10 years without having been granted a minute of consolidation. In such circumstances, the law will automatically merge the two estates under the doctrine of 'confusio'. joint a sibling having the same father but not the same mother following one another Criminal sentences that must be served one after the other rather than at the same time. Unanimously or, by general consent Agreement as to the same things The "price".Something that is given in exchange for getting something from another person. This occurs when the same person owns the superiority (dominium directum) and the property (dominium utile) and the two are merged by means of prescription (see definition), disposition, minute of consolidation, or deed. to determine or establish a debt

conjuct consanguinean consecutive CONSECUTIVE SENTENCES Consensu Consensus ad idem CONSIDERATION

Consolidation

constitute consumer law

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CONTEMPT OF COURT

An action that interferes with a judge's ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge's orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, incarceration.

continue

to postpone decision in judicial proceedings and adjourn them to a later for further action To the contrary Contrary to good morals An agreement between two or more parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts to be enforceable must be in writing.

Contra Contra bonos mores CONTRACT

CONTRIBUTORY NEGLIGENCE conventional COPYRIGHT Coram non judice Corpus Corpus delicti correctional institution counsel advocate counsel for the defence counsel for the prosecution counterfeit Court of Session CREDITOR

Prevents a party from recovering full damages if he or she contributed in any way to the injury. of obligations, arising out of agreement or contract A person's right to prevent others from copying works.Read more. Before one who is not a judge Body The body of the offence solicitor (?) qualified to present in court

forged A person (or institution) to whom money is owed.

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Creditor

A creditor is a person (natural or legal) to whom another person (the debtor) is indebted. A secured creditor over land is one who has been granted a deed by his debtor acknowledging indebtedness and providing security for the sum owed. If the security is over heritable property the granting of a standard security or floating charge is essential. A heritable creditor is the Scottish equivalent to a mortgagee such as a bank or building society.

crime report Criminal Injuries Compensation Board Criminal Justice Act (Scotland) 1980 Croft

a formal accusation about an offence or offender body which decides how much a personinjured by a criminal act should receive as compensation

An agricultural smallholding located where the crofting statutes apply, namely the former Counties of Argyll, Caithness, Inverness, Orkney, Ross & Cromarty, Sutherland and Shetland. Although crofters (since 1976) are able to own their land, generally speaking crofting is a form of tenancy in respect of which the crofter has security of tenure. The questioning of an opposing party's witness about matters brought up during evidence in chief. questioning of the defendant by the prosecution in court meeting of four roads in the form of a cross office of the Queen's bench resposnsible for administration a killing caused by fault, but without the evil intention required for the constitution of murder (It is equivalent of the English manslaughter) detention a superficial search (eg when person comes into custody A guardian of morals bicycle rider!

CROSS EXAMINATION

cross-examination crossroads Crown Office crown witness culpable homicide

custody custody search Custos morum cyclist

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D
DAMAGES
The financial compensation awarded to someone who suffered an injury or was harmed by someone else's wrongful act. Of goods carried away From day to day In fact In the future As regards the whole Rightful, by right what the law ought to be (as opposed to what the law is) what the law is (as opposed to what the law ought to be) Starting afresh

De bonis asportatis De die in diem De facto De futuro De integro De jure De lege ferenda De lege lata De novo de recenti (of a statement) deadlock DEBTOR deception DECISION

lock requiring a key to secure a door Person who owes money. dishonest transaction The judgment rendered by a court after a consideration of the facts and legal issues before it.

declare a mistrial Declatory sentence / judgement deed

a formal document, authenticated by the maker's signature, the signatures of two witnesses, and a proper testing-clause A written legal document;so a title deed describes a piece of property and outlines its boundaries. The seller of a property transfers ownership by delivering the (title)deed to the buyer in exchange for an agreed price. A separate deed containing servitudes and burdens which can then be referred to within multiple dispositions. The publication of a statement that injures a person's reputation. Libel and slander are defamation. The failure to fulfill a legal obligation, such as neglecting to pay your mortgage when due.

DEED

Deed of Conditions

DEFAMATION

DEFAULT

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DEFAULT JUDGMENT defence agent defence witness defender DEFENDER deferred sentence delict DELICT delivery driver delivery hatch DEPOSITION

A ruling entered against a defender who fails to answer a summons. counsel for the defence the party against whom a civil action is brought In civil matters, the person or organization that is being sued. is this the same as a suspended sentence? postponed sentence a wrong in the civil sense A civil wrong which results in an injury to a person or property.

Part of the pre-trial discovery (fact-finding) process in which a witness testifies under oath. A deposition is held out of court with no judge present, but the answers often can be used as evidence in the trial.

Deputy Chief Constable desert (the diet) pro loco et tempore desert simpliciter desist A direction, usually in a disposition or will, Destination
prescribing the order of succession to moveable and heritable property (see definition).

detention diet dike diligence dipped DIRECT EVIDENCE

execution against debtors Evidence that stands on its own to prove an alleged fact, such as testimony of a witness who says she saw the accused pointing a gun at a victim during a robbery. The initial questioning of a witness by the party/party's solicitor/counsel/advocate that called the witness.See evidence in chief.

DIRECT EXAMINATION

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direct the jury DIRECTED VERDICT

A judge's order to a jury to return a specified verdict, usually because one of the parties failed to prove its case. Monies spent;for instance legal costs incurred, such as for photocopying, overnight mail and messenger services. to convey land Used in relation to land, this word means to transfer ownership. It was formerly essential to use the word to give validity to any deed transferring ownership of land; similar to `convey' in England. This is the actual deed which transfers title in property from one to another and it contains all the details in respect of the property sold. This is a formal document transferring ownership, or 'title', to the land. Following the first stage in the conveyance of the property (the missives), the purchaser has a personal right against the seller. Ownership of the property, however, which is a real right, (ie a right in the land) does not pass to the purchaser until the disposition is registered in the Register of Sasines or Land Register of Scotland.

DISBURSEMENTS

dishonesty dispone Dispone

DISPOSITION

Disposition

dispositive motion disqualification disregard a testimony District Court divorce DNA Docquet Doli incapax domestic dispute domestic violence

genetic material used in forensics for identification purposes An authenticating endorsement on a deed or other document. Incapable of crime

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Dominant tenement

A dominant tenement enjoys a right to exercise a real burden or a servitude, (the Scottish equivalent of the English easement or right over land) over neighbouring land. The land or property which is burdened is called the servient tenement.

Dominium Dominium directum Dominium utile

Ownership This is the interest in land retained by a superior. See 'superiority'. This is the type of ownership enjoyed by a feudal vassal. See 'a coelo usque ad centrum' and 'superiority'. small lens in door allowing person inside to see who is outside chain with socket used to prevent door from being opened more than a few cm

door viewer doorchain driving while uninsured driving without MOT drowsiness Drug Treatment and Testing Order dubbed up Dubitante DUE PROCESS

Doubting the correctness of the decision The idea that laws and legal proceedings must be fair. So for instance no one can take away a person's basic rights to "life, liberty or property, without due process of law."

duty officer duty solicitor DUTY TO WARN

The legal obligation to warn people of a danger. Typically, manufacturers of hazardous products have a duty to warn customers of a product's potential dangers and to advise users of any precautions they should take.

E
Effeirs
usually used in the phrase "As Effeirs" meaning as relates, as corresponds; in the proper way man

Ei incumbit probatio qui The onus of proving a fact rests upon the elide
to oust or exclude

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embezzle employment appeal empty handed endorsement equipollent ESTATE estate car

to turn to one's own use an article handed over for another purpose

equivalent All the property a person owns. car with large space in back for luggage joining passenger area, and extra door at rear Other things of that type

Et cetera eviction order evidence EVIDENCE

The various things presented in court to prove an alleged fact. Includes testimony, documents, photographs,and the lodgements in courts known as productions(exhibits in the American tv court dramas). Evidence elicited from questioning one's own witness. This means 'opposite to'. It is a term used to describe the position of land or buildings. With official authority In view of what has already been accepted On the fact of it Out of kindness, voluntary Latin that means "by or for one party." Refers to situations in which only one party (and not the adversary) appears before a judge. Proceeding brought by one person in the absence of another By reason of a subsequent act A contract of excambion exchanges one piece of land for another. Person named in a will to oversee and manage an estate. A legal representative of a deceased person whose duty is to wind up the estate of the deceased.

EVIDENCE-IN-CHIEF Ex adverso

Ex cathedra Ex concessis Ex facie Ex gratia EX PARTE

Ex parte Ex post facto Excambion excess alcohol EXECUTOR Executor

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executor-dative executor-nominate executry EXEMPT PROPERTY exoner expenses EXPERT WITNESS

an executor appointed by the court an executor appointed by the testator the whole moveable property of a person deceased In a bankruptcy, the possessions that a person is allowed to keep. to discharge of liability the costs of an action A witness with a specialised knowledge of a subject who is allowed to discuss an event in court even though he or she was not present. For example, an forensic scientist may give evidence as to how he interprets DNA evidence or the type of weapon which caused the injury or probable cause of death. An assertion or promise concerning goods or services. Statements such as "This guarantee covers parts and labour," or "We will repair any problems in the first year" are express warranties.

EXPRESS WARRANTY

extent Extract

This describes the formal copy of a legal document which has equivalent status in law to the original deed.

eyeballed eye-witness

F
Faciendum facility and circumvention Factum FAIR USE
Something which is to be done when a person by a dishonest course of conduct plays upon a facile person in order to secure an advantage An act or deed The use of a portion of copyrighted material in a way that does not infringe the owner's rights. The use of a portion of material for educational purposes, literary criticism or news reporting is often considered a fair use.

fallguy fast lane fatal

lane within which traffic travels fastest, outside lane of a nature such as to cause death

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fatal accident and sudden death inquiry (report to fiscal) Fee

Under the terms of a trust or through an appropriate conveyance a person known as a liferenter may be entitled to possess or use a property temporarily during his lifetime only or another specified period. However, once the liferent has terminated the property usually passes to the fiar, who is then entitled to full rights over the property. The rights of the property enjoyed by a fiar are known as the fee.

Female and Child Unit fence fence Feu

barrier or railing enclosing area of ground receiver of stolen goods Land or property owned and possessed by a person known as feuar or vassal who holds it on feudal tenure. The property owner is constrained by certain requirements, such as having to pay feuduty to the superior, the person who owns the 'superiority' of the feu. However, a feu is not regarded as being equivalent to a leasehold interest in English land law, and is treated like a freehold for VAT purposes.

Feuar

Person who holds land under a feu, from a superior. A feuar can also be a superior to another feuar further down the 'chain'. The final vassal has dominium utile over the land. Similar to a real burden, except the obligation is owed to the superiority interest reserved by the granter of the deed creating the burden (the superior). The dominant owner has title to enforce the burden as feudal superior rather than as neighbour.

Feudal burden

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Feudal system

The scheme of land tenure in Scotland by which an area of land or feu is held by a feuar (or vassal) from a superior for a fixed annual payment of a sum of money (known as feuduty) following an initial payment. In strict feudal theory, the sovereign is the universal landowner. All other landowners hold their feus from the sovereign. In Scotland sub infeudation is possible (it has been unlawful in England since the 13th century). Accordingly it is possible for a vassal who actually lives on the feu to hold of a superior which superior is in fact another person's vassal. The feudal system creates a chain or pyramid with the sovereign as ultimate owner at the top and the intermediate positions being taken by the sovereign's vassals who are `superior' to those further down the chain, or at the base of the pyramid. The feuar has all the rights of an owner, subject however to the burdens or conditions imposed by the superior. Originally the burdens might require the vassal to perform personal services, such as military service or other forms of feudal duty, or to provide food or other necessities to the superior. Most services have been converted to a payment of feuduty, although some important services are still performed as originally intended. Payment under certain conditions by the feuar to the superior. However, the Land Tenure Reform (Scotland) Act 1974 prohibits the creation of new feuduties, allows the feuar to redeem his feuduty in payment of statutory redemption money, and makes redemption of feuduty compulsory when land is sold. For VAT purposes, feuduties are to be regarded as further consideration for the supply of land by the superior to the feuar. See also blench holding.

Feuduty

Fiar fiddle

A person who owns a fee, (see fee above).

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FIDUCIARY DUTY

An obligation to act in the best interest of another party. For instance, a company's board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust's beneficiaries, and an lawyer has a fiduciary duty to a client.

file a motion fine fingerprinting fingerprints

marks left on surfaces by fingers, used by forensics for identification purposes

first diet fiscal fine FIXTURES and FITTINGS All things that are attached to property, such

as ceiling lights, awnings, window shades and doorknobs. Fixtures and fittings are normally specifically mentioned and included in the missives of sale.

flasher Floating charge

This is a security for an obligation created by a company over all or part of that company's property. A company may, however trade and alienate that property until the floating charge attaches or crystallises.

fluent fly-by-night FORECLOSURE

When a borrower cannot repay a loan and the lender seeks to sell the property.A formal court action is required which would result in foreclosure and repossesion.

foreman foreman of the jury forensic evidence FORESEEABILITY

science or medicine of or used in the courts of law A key issue in determining a person's liability. If a defendant could not reasonably have foreseen that someone might be hurt by his or her actions, then there may be no liability. where road forms a Y shape cracking of bone

fork (in the road) fracture

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frame-up FRANCHISE

A business relationship in which an owner (the franchisor) licenses others (the franchisees) to operate outlets using business concepts, property, trademarks and tradenames owned by the franchisor.

fraud Fructus naturales full committal furth of fuzz

Vegetation which grows naturally without cultivation outside the borders of

G
gaffer gears get wind of gift of the gab gild the lily give testimony under oath glancing blow glib GOOD FAITH
mechanism in car controlling speed of engine

whereby something is hit at an angle and bounces off Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauding the other.

goolies GRANTOR

The person granting a right such as the granter setting up a trust or grants rights etc in a deed when selling property.. A single payment often made in addition to a periodic payment such as rent or feuduty. A grassum can also mean any payment made to a landlord by a person wanting to obtain a tenancy; comparable to a premium in England. made or granted without consideration

Grassum

gratuitous

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Ground annual

An annual payment made in perpetuity in cases where a feuduty is not payable under the terms of a contract. It is governed by the same legislation as feuduties, especially the Land Tenure Reform (Scotland) Act 1974.

GROUNDS FOR DIVORCE grounds of referral GUARDIAN GUARDIAN AD LITEM

The legal reason/s a divorce is granted. There are five grounds of divorce. Person assigned by the court to take care of minor children or incompetent adults. Latin for "guardian at law." The person appointed by the court to look out for the best interests of the child during the course of legal proceedings.

guilty guilty with deletion

H
HABEAS CORPUS
Latin phrase meaning "you have the body." Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully. apt or competent for some purpose the reputation of being a thief an assault committed upon a man in his own house

habile habit and repute hamesucken handle with kid gloves hassle hatchback hatchet man haver

car with large door into main body of car at rear a person having documents in his possession which he is required to produce as evidence in a lawsuit large white lights at front of car to indicate car and light road ahead two vehicles travelling in opposite directions hitting each other directly

headlight head-on crash

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HEARSAY

Secondhand information that a witness only heard about from someone else and did not see or hear himself. Hearsay is not admitted in court , though there are many exceptions. Persons who are entitled by law to inherit the property of the deceased if there is no will specifying how it's divided. Heritable property ('real' or 'immovable') as opposed to moveable property includes only naturally immovable items such as land minerals, or any object attached to the land such as buildings. Trees, crops and other plants are only regarded as heritable when they are still growing in the soil; once they are cut down they become moveable property. Rights connected with heritable property such as servitudes or debts secured over land are also heritable.

HEIRS

Heritable property (also heritage)

High Court High Court Judge hinge bolt holograph HOLOGRAPH

does anyone know exactly what this is? wholly written by one person Holograph writings are documents unwitnessed but the entirely handwritten.Therefore you may have a holographic will or a lease agreement may be "adopted as holograph"meaning the person writing these words prior to signing is declaring that the document is is accepted as though handwritten by the signatory.

homologate honking housebreaker housebreaking

to approve, and so validate a defective contract

breaking into a building to commit a crime, esp. in daytime

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Hypothec

A hypothec is a way of obtaining security for a debt without taking possession of the property itself. For example, in cases of nonpayment of rent, a landlord may have a right of hypothec over his tenants' effects brought on to his premises.

I
Id est (i.e) ID parade Idem ill-gotten IMMIGRANT VISA
That is The same person or thing Visa granted by the Immigration and Nationality Department of the Home Office to allow non UK passport holders who require one.

immigration IMMUNITY impediment IMPLIED WARRANTY

Exemption from a legal duty, penalty or prosecution. A guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection.

IMPLIED WARRANTY OF Warranty that exists when a seller should know that a buyer is relying on the seller's FITNESS FOR A PARTICULAR PURPOSE expertise. IMPLIED WARRANTY OF Law that exists governing residential leases and asserts that regardless of what a lease HABITABILITY
says, the landlord must provide premises that are safe and liveable (habitable) at some basic level(wind and watertight). Problems with essential building services and cleanliness are often breaches of the implied warranty and the landlord will be required to correct them.

IMPLIED WARRANTY OF Warranty that guarantees that goods are reasonably fit for their ordinary purpose. MERCHANTABILITY imprisonment Latin for "in chambers." Refers to a hearing IN CAMERA

or inspection of documents that takes places in private, often in a judge's chambers. In private

In camera

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in camera (of court proceedings) in causa In delicto In esse In extenso in flagrante delicto In futoro In limine In loco parentis In omnibus In pleno In situ In terrorem incendiary letter incipient Incorporeal moveable property
At fault In existence At full length In the future At the outset, on the threshold In place of the parent In every respect In full In its place As a warning or deterrent a threatening letter Incorporeal moveable property is intangible property. Examples include court orders for payment of sums of money, a claim arising from non-payments of debts or for a breach of contract.

indecency charges indecent assault indicator Indicia INDICTMENT

flashing lights at side of front and rear to indicate intention to turn Marks, signs A formal accusation of a crime to be tried by solemn procedure, issued by the Crown Office after considering evidence.

industrial dispute industrial tribunal Infeft

When a grantor of land is described as 'infeft', this means he is the registered owner of that land. If he is described as an 'uninfeft proprietor' he owns the land under an unregistered conveyance. for a course of conduct, to involve as a consequence Unauthorised use, typically of a patent or copyright. wound

infer INFRINGEMENT injury Inland Revenue Commissioner

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inside lane insolvency Inspector Inter alia INTERDICT

lane next to side of road, slow lane

Amongst other things A court order prohibiting a party from committing certain acts.Typically preventing a person from abusing a partner/spouse.

interim interdict Interium interlocutor INTERLOCUTOR intermeddle intermediate diet interpreter interrogatories

Temporary, in the meanwhile an order or decision of the court short of the final judgement Order issued during the course of litigation. to interfere improperly or without any right

written questions adjusted by the court to be put to witnesses examined under a commission certain acts which frustrate the running of a period of prescription To die without a will. The very words of a speaker By that very fact A trust created during the maker's lifetime that does not allow the maker to change it. Irritancy is the Scottish equivalent of the English right of forfeiture. It now refers only to the premature termination of the lease by the landlord, when the tenant has failed to comply with one or more of its obligations under the lease. The grounds for irritancy will almost always be set out in the lease; they include non-payment of rent, breach of one or more of the conditions under the lease, or the tenant's insolvency. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, Sections 4-7 deal with irritancies of leases.

interruption interview, taped INTESTATE Ipsissima verba Ipso facto IRREVOCABLE TRUST

Irritancy

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jaywalker jemmy jewellery joint joint adventure JOINT AND SURVIVOR ANNUITY

ornaments worn on the person a partnership for one particular transaction A form of pension fund payment in which the retired participant gets a cheque every month. If and when the participant dies, the spouse continues to get a monthly cheque equal to one-half of the benefit for the rest of his or her life. When both parents share custody of a child legal custody and physical(de after a divorce. There are two kinds of facto)custody. Either or both may be custody joint.

JOINT CUSTODY

joint minute of agreement joint obligation JOINT PROPERTY

an obligation binding several, yet each only for a share Property that names a co-owner on its deed or title. Co-owners retain ownership of the property upon the death of a co-owner. Property in which ownership is indivisibly vested in two or more persons. Each cannot dispose of any share as there are no shares. Examples include property of the members of a members' club and an estate vested in trustees. See 'common property'.

Joint property

JUDGEMENT judicial examination judicial review junction

A court's official decision on the matters before it.

any point where more than two roads meet, any entrance or exit from a motorway

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JURISDICTION

A court's authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and type of case. The judge's instructions to the jurors on the law that applies in a case and definitions of the relevant legal concepts. These instructions may be complex and are often pivotal in a jury's discussions.

JURY CHARGE

jury service Jus Jus naturale Jus quaesitum tertio

A right that is recognised in law Natural justice If a contract between two parties is drawn up to benefit a third party or a class or group of people who are identified in the contract, either expressly or impliedly, it is said to confer a 'jus quaesitum tertio' on the third party. A legitimate reason. killing in exercise of a public duty (e.g. execution of sentence of death), or of a private right (e.g. of self-defence)

JUST CAUSE justifiable homicide

juvenile

K
keep left sign Keeper of the Registers of Scotland
road sign indicating traffic should keep to left The officer in charge of the Registers of Scotland, which include the Register of Sasines and the Land Register of Scotland.

Kings/Queens counsel kisser knackered knocked off

L
Lammas Lammas
the 1st of August A quarter or term day in Scotland, formerly 1st August, but now by statute the 28th day of that month except where the old date of 1st August is expressly referred to in the relevant documents.

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Land Register of Scotland

A public register of interests in land in Scotland under the management and control of the Keeper of the Registers of Scotland. It is being brought progressively into effect under the Land Registration (Scotland) Act 1979. It will eventually supersede the recording of deeds in the Register of Sasines.

landlord and tenant (repossession) Lands Tribunal for Scotland

The remit of this tribunal includes the settlement of disputes on compensation for acquiring land and altering or discharging real burdens. An appeal against any decision can be taken to the Court of Session and ultimately to the House of Lords. part of road divided by white lines within which traffic should travel term used to denote a solicitor or a writer to adduce or call evidence They are not necessarily the same as in England. A licence has a more limited meaning in Scottish law, and most licences will in fact be leases under Scottish law. the period allowed by the law to a person whose property is in course of being adjudged, within which he may pay the debt and free the land of the adjudication assistance with representation for those unable to afford it In a divorce, one of two types of child custody. A parent who has legal custody has the right to be involved in all the decision making typically involved with being a parent, such as religious upbringing, education and medical decisions. Legal custody can be either sole or joint.

lane law agent lead evidence/proof leading question Lease / licence

legal (n.)

Legal Aid legal binding effect LEGAL CUSTODY

legal executive

Harnek mentioned this, but I didnt catch what it was

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Legal rights

Rights to share in the estate of a deceased person, enjoyed by a surviving spouse and direct descendants, regardless of any will.

lewd lewd and libidinous acts Any legal responsibility, duty or obligation. LIABILITY liaison libel LIBEL

1. written defamation; 2. criminal indictment Defamatory (false and injurious) written statements or materials, including movies or photographs. the right to retain the property of a debtor until he pays (originally an English term) A claim against someone's property. A lien is instituted in order to secure payment from the property owner in the event that the property is sold. A mortgage is a common lien. A lien is a right to retain a debtor's moveable property until the debt is paid. a personal servitude that entitles a man to use for his life anther man's property (can be legal if imposed by the law or conventional if agreed A liferent is a right to enjoy the use and benefit of another's land for the lifetime of the beneficiary, see 'fee' above. There are two types of liferent, proper and trust. A proper liferent is one created by a disposition. A trust liferent is where a trust is interposed. a servitude binding one owner of property not to build on it so as to obstruct the light of his neighbour A business structure that is a legal entity with directors and shareholders whose liability in relation to the Company's creditors is limited. of fixed and ascertained amount, e.g. a liquid debt

licensing board lien LIEN

Lien liferent

Liferent

light

LIMITED LIABILITY COMPANY

liquid

page - 38

LIQUID DAMAGES

The amount of money specified in a contract to be awarded in the event that the agreement is violated. joinder of issue, which in modern Scots law arises on the lodging of defences A trust created during the maker's lifetime. Some living trusts are set up so that they can be changed during the maker's lifetime. These are called "revocable." Others, known as "irrevocable," are set up so that they can't be touched.

litiscontestation LIVING TRUST

LIVING-TOGETHER CONTRACT lock up Locus in quo lodge

See cohabitation agreement.

Scene of the event for pleadings and other documents, to leave them in the custody of the Clerk of Court

lodge an appeal loose

to remove, cancel, or take off e.g. an arrestment

Lord Advocate lost and found property loudspeaker lout Lyon King of Arms, Lord the principal administrative officer (who is
also a judge) in Scottish heraldic matters

M
magistrate Magnum opus mainline MAINTENANCE
A great work of literature See aliment. In a divorce or separation, the money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage. a person of full legal age (opp. minor) Bad faith damaged done to property out of malice or cruelty an authority given to a man to act (gratuitously) for another

major Mala fides malicious mischief mandate mandatory detention

page - 39

MANDATORY SENTENCE A criminal sentence set by statute that

establishes the sentence such as minimum length of prison time for specified crimes and thus limits the amount of discretion a judge has when sentencing or for example someone convicted of drink driving must be disqualified for a certain period from driving.Although the period of disqualification may vary from case to case the disqualification is mandatory in all cases.

manslaughter (involuntary) MARRIAGE BY HABIT AND REPUTE

See Common Law marriage.When a couple is considered married if they meet certain requirements, such as living together as husband and wife for a specific length of time and when recognised as such by the court/s a couple has all the rights and obligations of a married couple.

marriage-contract

a contract between two people married or about to be married, for the purpose of regulating the rights in property of themselves and their children A quarter or term day in Scotland, formerly the 11th November, but now by statute the 28th day of that month except where the old date of 11th November is expressly referred to in the relevant documents. A method of alternative dispute resolution in which a neutral third party helps resolve a dispute. The mediator does not have the power to impose a decision on the parties. If a satisfactory resolution cannot be reached, the parties can pursue a court action.

Martinmas

MEDIATION

Mens rea mental health hearings mentally ill persons mid-impediment

Guilty state of mind

an event occurring between two others which prevents the later from operating retrospectively upon the earlier

page - 40

MINOR

A person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. a document which is part of the process by which a party defines his position to certain procedural matters, e.g. by abandoning the action superiority and a feu where the two estates are held by one party. See definition of 'consolidation'. The Scottish equivalent of a deed of variation. Land and buildings may be subject to real burdens, or feudal burdens, restricting the use to which they may be put. For example, a property owner may be allowed under a disposition only to build houses on an area of land, or use a building for a particular purpose. In such cases, the owner may ask those with the interest to enforce the burden to grant a waiver altering the terms of the burden, removing the restriction on the use of the land. In the main they have been used by vassals requesting a superior waives feudal burdens.

minute

Minute of Consolidation This is a document which merges a

Minute of Waiver

misdemeanour miserable missing persons MISSIVES

The collective name for formal letters exchanged between the buyer's solicitor and the seller's solicitor which stipulate the terms and conditions of sale of property.

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Missives

This is the first stage in the conveyance of property in Scotland. A missive is a document in letter form exchanged between the seller and purchaser of a property usually written by their respective solicitors as agents. Once the missives are concluded, the purchaser has a contractual, ie personal right to demand that the seller perform his obligation to convey the property. For the second and third stages of conveyancing, see 'disposition', 'Land Register' and 'Register of Sasines'.

MITIGATING FACTORS

Information about an accused or the circumstances of a crime that might tend to lessen the sentence or the crime with which the person is charged. alleviation as applied to a plea for limitation or reduction of a sentence of a convicted person

mitigation

modus operandi mood moron motion

an application made in court for some subsidiary purpose during the course of an action A request asking a judge to issue a ruling or order on a legal matter. request that trial judge declares a mistrial and orders a new trial motorcycle rider! (for a vehicle) to go up onto a pavement

MOTION motion for a new trial motive motorcyclist mount (v.) mouthpiece move for bail Moveable property

All property which is not heritable is regarded as moveable in Scottish land law. This includes animals, furniture, vehicles etc. all property other than heritage

moveables multiple sclerosis murder murmering (a judge)

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nab nark narrative

the part of a deed that sets out the names of the grantor and grantee as well as the cause of granting The narrative of a deed is similar to what is termed 'recitals' in English law and sets out the basis of the transaction, the most common being sale. closest to the edge of the road decorative chain worn around the neck failure in a duty to show care towards ones to whom such duty is owned A failure to use the degree of care that a reasonable person would use under the same circumstances. On one can give a better title than he has

Narrative

nearside necklace negligence NEGLIGENCE

Nemo dat quod non habet neutrality new trial

in civil jury cases one or more re-trials (new trials) may be allowed on the score of irregularities in the preceding trial Connection Unless

Nexus nick Nisi no case to answer submission Non compus mentis Non constat Non est factum Non sequitur NON-EXEMPT PROPERTY not guilty

Not of sound mind and understanding It is not certain It is not his deed An inconsistent statement, it does not follow In a bankruptcy, the possessions of a person that can be sold.

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NOT PROVEN

A verdict peculiar to Scotland whereby as well as guilty or not guilty a judge or jury is entitled to return a "not proven" verdict which effectively means that the prosecution has not sufficiently discharged its duty beyond a reasonable doubt to enable the judge or jury to find a guilty verdict nor can they categorically find the accused not guilty.As far as the accused is concerned he is in the same position as though it were a not guilty verdict.

NOTARY PUBLIC notebook NOTICE OF APPEAL

A person(usually a solicitor)authorised to witness the signing of documents. The document a person must lodge with the trial court in order to pursue an appeal.

notice of penalty Notice of title

An instrument used infrequently setting out the right of a person to heritable property which, when recorded in the General Register of Sasines or the Land Register of Scotland, completes the person's title to the property. A notice in statutory form given by either party to a lease, indicating his or her intention to terminate a lease. A charter of novadamus is used to make an alteration to the provisions of the title of heritable property or to provide a new title. the replacement, by agreement between the parties involved, of one obligation by another

Notice to quit

Novadamus

novation

O
obediential obligant off the record offence offensive weapon OFFICERS OF A COMPANY
of obligations, to be imposed by law the debtor in an obligation (opp. creditor)

Those people with day-to-day responsibility for running the company, such as the chief executive, chief financial officer and treasurer.

page - 44

offside on the ball onerous Onus probandi oppression

furthest from the edge of the road granted for value or consideration (opp. gratuitous) Burden of proof an offence which consists in using an office or process of law to commit injustice decorative articles, usually displayed in the house Otherwise

ornaments Orse out cold out on licence outside lane outwith Overriding interests

the one on the right, the fast lane outside of, beyond, without These are rights such as floating charges, short leases or servitudes which bind proprietors of land although they do not appear in the property registers.

P
PACTA ILLICITA
Agreements which parties might contemplate entering into but which would have not be recognised by the courts.For example pre-nuptial agreements would not be valid in scotland as being pacta illicita..

pains of law panel (in solemn procedure) Par delictum PARENS PATRIAE

a penalty

Equal fault Latin for "parent of his country." Used when the government acts on behalf of a child or mentally ill person. Refers to the "state" as the guardian of minors and incompetent people. On an equal footing A system for the supervised release of prisoners before their terms are over. oral evidence of witnesses (phrase originating from English Law) An association of two or more people who agree to share in the profits and losses of a business venture.

Pari passu PAROLE parole evidence PARTNERSHIP

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past record PATENT

(for a suspect or defendant) previous history of offences A document issued to an inventor by the Patent and Trademark Office. Contains a detailed description of what the invention is and how to make or use it and provides rights against infringors. an action in which extraordinary damages by way of penalty are sought An employer's pension scheme for providing retirement income to eligible employees. In the opinion of the court By means of menaces or threats By reason of which Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. A crime in which a person knowingly makes a false statement while under oath in court.Making a false statement in a legal document may also be considered perjury.

penal action penal institution PENSION PLAN

Per curiam Per minas Per quod PEREMPTORY CHALLENGES PERJURY

PERSONAL PROPERTY Anything other than real property e.g.money,

furniture, cars, jewellery etc.

Personal right

A contractual right, as opposed to a real right (which is a right secured over the property itself). See 'disposition' above. Document from the Crown Office laying out basis of an indictment. in summary procedure equivalent to an indictment In a divorce, one of two types of child custody. A parent who has physical custody lives most of the time with the child.

PETITION petition petition for bail PHYSICAL or de facto CUSTODY

pilfer pimp plaintiff plant plea

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PLEA BARGAIN

A negotiated agreement between the defence and the prosecution in a criminal case. Typically the accused agrees to plead guilty to a lesser crime.

plea in bar of trial plea in mitigation plea of guilty plead pleading diet PLEADINGS plea-in-law
to argue a case in court hearing in which the defendants plea is made known to the court In a civil case, the allegations by each party of their claims and defences. a short legal proposition at the end of a pleading showing exactly the relief sought and the reasons for that to take a debtor's movables by way of execution

poind

Police Constable / Offcer police office poof small area at entrance to house separating porch
outer and inner doors

porridge possession

detention of a thing with the intention to hold it as one's own or for one's own benefit an action founded on possession and used for holding or recovering possession After death The authority to act legally for another person. A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction. valuable investigations by the parties to determine what witnesses will say in court This refers to a condition in a deed entitling a party to the deed to make the first offer in the event of the property being put on sale.

possessory action

Post mortem POWER OF ATTORNEY PRECEDENT

precious precognition Pre-emption

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PRELIMINARY HEARING Legal proceeding whereby the court rules on

a technical or procedural matter which may determine how the case is to proceed.

premeditated murder PRE-NUPTIAL AGREEMENT;

An agreement entered into prior to marriage.These are deemed pacta illicita(illegal pact)and such are not recognised in Scottish courts.

Prescription

Rules of law by which certain rights and obligations are established or extinguished, for instance: the grant of a right arising from long usage and enjoyment of the right, (positive prescription: 10 years, or 20 years in certain cases), or the extinction of a right arising from abandonment or long neglect to exercise or enforce the right (negative prescription: 5 years, or 20 years in certain cases).

pre-sentence report pre-sentence report

report of personal circumstances of a convicted person to determine suitability for certain types of sentence A report prepared by someone mostly the social work department for a judge to assist in sentencing. Typically contains information about prior convictions and arrests, work history and family details. In a deed "these presents" means the deed itself. performance of an obligation or a duty

PRE-SENTENCING REPORT

Presents prestation presumption of innocence prevalence PRIMA FACIE Prima facie Prima impressionis privative jurisdiction

Latin for "at first view." It is said that the pursuer must make a prima facie case. On the face of it On first impression jurisdiction residing in one court to the exclusion of others

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PRIVILEGED COMMUNICATION

Conversation that takes places within the context of a protected relationship, such as that between a lawyer and client, a husband and wife, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations.

privy to knowledge Pro hac vice Pro indiviso

For this occasion The Scottish equivalent of the English tenancy in common. It applies to one property owned by several persons in common, although they need not have equal shares in it. Each owner has a title to a fraction of the undivided property as a whole. In proportion So far, to that extent For the time being A reasonable belief that a person has committed a crime. The legal process in which a court oversees the distribution of property left in a will. The release into the community of someone convicted who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment programme. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.

Pro rata Pro tanto Pro temporez PROBABLE CAUSE PROBATE

PROBATION

probation Probation Service probation with special conditions sentence

a mode of treatment of offenders offering an alternative to punishment

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Probative

This means a deed can be presumed to have been validly executed by the individual who granted it. Following the Requirements of Writing (Scotland) Act 1995, a deed is probative if it is subscribed by a granter and also a witness and details of the name and address of the witness are added to the deed, and if there is nothing on the face of the deed to contradict the assumption that the signatures are valid. Deeds by companies are presumed to have been validly executed if executed by two directors or by one director and the company secretary or by two authorised signatories. Alternatively a single director or the company secretary or a single authorised signatory may sign in the presence of a witness.

procurator fiscal

prosecuting party in summary procedure

procurator fiscal depute an article produced as evidence in court production proficiency A written document in which a borrower PROMISSORY NOTE

agrees (promises) to pay back money to a lender according to specified terms.

prompt prosecution (Crown) prosecution witness PROSECUTOR

The government lawyer(procurator fiscal or depute advocate/lord advocate)who investigates and tries criminal cases.

psychiatric report public interest Publici juris pull a fast one PUNITIVE DAMAGES

Of public right Money awarded to a victim that is intended to punish a defender/respondent and stop the person or business from repeating the type of conduct that caused an injury/loss. Also intended to deter others from similar conduct.

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pupil pursuer

children up to 12 (girls) and 14 (boys) (n. pupillarity) the person suing in an action The question is raised Consider whether it is correct to establish a title How much, an amount Candlemas, Lammas, Martinmas and Whitsunday. Also known as term days. To nullify, void or declare invalid. actionable negligence Latin phrase that means what for what or something for something. The concept of getting something of value in return for giving something of value. For a contract to be binding, it usually must involve the exchange of something of value. Consideration. something for something

Q
Quaeitur Quaere qualify Quantum Quarter days QUASH quasi-delict queer QUID PRO QUO

Quid pro quo

R
racial / sexual discrimination rank rape Re real action

In the matter of an action founded on a right of property in something, brought for recovering that thing an obligation laid upon lands, which must enter the Register, in order to be effective Conditions upon lands which are effective due to their registration in one of the Register of Sasines or the Land Register of Scotland. There are no fixed forms of real burdens. Examples are obligations of upkeep, or prohibitions on using property for business purposes.

real burden

Real burden

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REAL PROPERTY

Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property.Your paintings and chippendale furniture is personal property. The level of care a typical person would use if faced with the same circumstances. The level of certainty a juror must have to find an accused guilty of a crime.

REASONABLE CARE

REASONABLE DOUBT reassure receiver reckless driving record of proceedings recrimination Reduction

a counter-charge of adultery To set aside or annul, usually by an action of reduction, a deed, contract, decree or award. Questioning one's own witness about matters brought up during cross examination by the opposing party. A person who applies to enter the U.K. from outside the country, claiming an inability or unwillingness to return to (or remain in) the home country because of a well-founded fear of persecution. Rights in land which belong to the Crown. These rights cannot usually be disposed of by the Crown as they are held for the benefit of the people. Rights which belong to the Crown, but which can be made over to members of the public. These include the use of the seashore and fishing for salmon and oysters in the sea, as well as taking mussels and clams from the seabed.

reefer RE-EXAMINATION

referral REFUGEE

Regalia majora

Regalia minora

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Register of Sasines

The General Register of Sasines is used to record the transfer of ownership of land by the registration of deeds. Only when a purchaser of land has the deed relating to the transfer of land recorded in the Register of Sasines can he be regarded as having full ownership over the property. Being superseded by the Land Register. See also 'Land Register'. unique number assigned to each motor vehicle and displayed to front and rear This describes the system used by the Land Register of Scotland, which is being introduced across Scotland, County by County. Registration of Title in respect of a plot of land or property in the Land Register grants the owner the real right of ownership.

registration number Registration of Title

release for report release on bail released on parole remand REMAND

When an accused is placed in prison "on remand" awaiting return to court to proceed with conclusion of case.

remanded in custody remittal Rent Assessment Panel Similar to a surrender in English land law. Renunciation

However, in English land law, when a tenant surrenders the lease to a landlord, the landlord obtains the tenant's interest in the property, and any subleases under that interest would remain in force. This is different from Scottish law, where if a tenant renounces his lease, his contract is terminated completely and the landlord can take personal possession of the property. Consequently any sublease would cease to exist, unless the landlord specifically consented to the sublease and acknowledged that it would continue even if the main lease has been terminated.

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reparation repel reporter reporter (childrens panel) Res Res Gestae RES IPSA LOQUITUR

the making goof of a civil wrong, usually by awarding damages of a court, to overrule a plea or an objection

Matter, affair, thing, circumstance The thing done A Latin phrase, that means "the thing speaks for itself." Refers to situations when it's assumed that a person's injury was caused by the negligent action of another party because the accident was the sort that wouldn't occur unless someone was negligent. Nobodys property Also known as residue of the estate. Portion of the estate left after bequests of specific items of property are made. of a condition, to bring an obligation to an end if a specified event occurs Refers to the up front payment a client gives a lawyer to accept a case. The client is paying to "retain" the lawyer's services. the withholding by one party to a contract of due performance in order to compel the other party to due performance A trust created that can be changed. Allows a person to refuse to answer questions that would subject him or her to accusation of a criminal act. In a joint-tenancy, the property automatically goes to the co-tenant.If a property is owned by husband and wife the title deed will have a survivorship clause whereby on death of one the property automatically vests in the survivor.

Res nulis RESIDUARY ESTATE

resolute RETAINER

retention

REVOCABLE TRUST rhythm RIGHT AGAINST SELFINCRIMINATION RIGHT OF SURVIVORSHIP

rights ringer rip off road sign

sign indicating warnings, or how drivers should behave

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robbery roundabout RTA

junction facilitated by circle in middle indicating priority from the left road traffic accident! (police-speak) car with separate luggage compartment at back luggage door does not enter main body of car

S
saloon schedule of previous convictions Sciens scrubber Se defendendo search search for encumbrances search warrant Section Section II
= 6 hours detention before charge unless voluntary SECURITY AGREEMENT A contract between a lender and borrower that states that the lender can repossess the property a person has offered as collateral if the loan is not paid as agreed.

Knowingly In self defence the process of inspection of the registers, in order to ascertain the validity of a title to land and whether or not any burdens exist

Secus sentence sentence someone in absentia SEPARATION AGREEMENT

The legal position is different, it is otherwise decision of court, punishment alloted to convicted person

In a marital breakup, a document that outlines the terms of the couple's separation.

Sergeant The act of notifying the other parties that an SERVICE OF PROCESS/SUMMONS/W action has begun and informing them of the steps they should take in order to respond. RIT Servient tenement
See dominant tenement.

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Servitude

The Scottish equivalent of an English easement. It may involve granting a right of access or a right to a water supply and thus may limit the use to which a property may be put, or it may bring benefit to a property. See also `dominant tenement'. The resolution or compromise by the parties in a civil case. In a civil case, the document that spells out the terms of an out-of-court compromise.

SETTLEMENT SETTLEMENT AGREEMENT shameless indecency shanks pony SHAREHOLDER sheriff Sheriff Court shoplifter shutter sideburns signpost simultaneous SINGLE LIFE ANNUITY

An owner or investor in a company.

indicating directions to place/s A form of pension plan payment in which the retired person receives a monthly cheque from the time of retirement until death. (of vehicle) to slide such that wheels travel sideways Defamatory (false and injurious) oral statements or gestures. slidy! to hit something with a big bad crash report of personal circumstances of a convicted person to determine suitability for certain types of sentence

skid (v.) SLANDER slanging slippery small claims court smash (v.) Social Enquiry Report

social security Social Work (Scotland) Act, 1968 sodomy

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SOLE PROPRIETORSHIP A form of business organization in which an

individual is fully and personally liable for all the obligations (including debts) of the business, is entitled to all of its profits and exercises complete managerial control.

solemn procedure solicitor

(in criminal proceddings) lawyer engaged to prepare the case for the defence (but not to present) A solum is an area of ground upon which buildings have been constructed. An owner of a building will also own the solum, unless there is provision to the contrary, but not necessarily the mineral rights. See also 'a coelo usque ad centrum'. In cases of blocks of flats, the owner of the ground floor flat owns the solum. Frequently the titles to all of the flats provide that the solum, in addition to various other common parts of a tenement such as the roof, is owned by all the proprietors.

Solicitor General Solum

spaced out speed (v.) speed limit speeding spot check STANDARD OF CARE STANDARD SECURITY

to go faster than is allowed the maximum speed allowed on any stretch of road

The degree of care a reasonable person would take to prevent an injury to another. The deed which is recorded at Meadowbank House when you take out a mortgage which deed is the lenders security over your property and which must be discharged if selling or transferring the property.

Standard security

This is a heritable security, which is now the only competent method of creating security over land. Statute has created certain standard conditions which, in order to be avoided, must be expressly varied.

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STARE DECISIS

Latin for "to stand by that which is decided." Refers to the principle of adhering to precedent when deciding a case.

statue of limitations Statutory Law Stet stoned storm door STRICT LIABILITY

Do not delete, let it stand strong outer door against the weather Liability even when there is no proof of negligence because legislation declares that liability or fault occurs when certain factual circumstances occur. to hit Within limits Under the name of In silence Renting from the main tenant. The suggestion of something which is untrue Unique an indictment in summary procedure The end of a Scottish lease often uses the expression "and we consent to registration for preservation and execution". This entitles a landlord to recover any rent which the tenant has not paid by a process known as summary diligence. Instead of having to resort to proving the debt in a court, the landlord obtains an official judicial copy of the lease which is the equivalent of a court decree for the sum due and this is enforced by the Sheriff Officer (Bailiff) or Messenger at Arms.

strike (v.) Sub modo Sub nomine Sub silentio SUBLET Suggestio falsi Sui generis summary complaint Summary diligence

summary procedure SUMMATION summing up SUMMONS

The closing argument in a trial. review of evidence by both parties A legal document that notifies a party that a legal action has been initiated and states when and where the party must appear to answer the pursuer's pleadings set out within the summons.

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Superintendant Superintendants Warning The person from whom land is held in the Superior; superiority
feudal system. The Crown is the ultimate superior with all feudal land feued by the Crown to a chain of lower superiors and vassals.

Supervised Attendance Order supervision of prisoners supply The suppression of the truth Suppressio veri sentence laid but not enacted, its enactment suspended sentence
being dependent upon the behaviour of the convicted person for a specified period of time

suspentive condition

a condition which suspends the coming into force of a contract until the condition is fulfilled to be forced to go violently away from direction of travel

swag swerve

T
Tacit relocation
The continuation of a lease after its expiry by operation of law because neither party has taken steps to terminate the lease.

tact take someone in preventative custody taking of samples Talis qualis tank tart tattoo telephone entry system

Such as it is

mechanism by which visitors to an apartment block may be screened by those inside individual flats before being allowed into the building

temporary custody tender

an offer made during an action by the defender to the pursuer of a sum in settlement will The person who makes a will.

testament TESTATOR

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Testing-clause

The clause which sets out details of when and where and by whom the deed was signed and identifies the witnesses.

the bench the Bill the act of stealing theft Theft by Housebreaking breaking onto a house by day in order to
steal

thole the assize thorough search throw a case out of court in due time timeous Ownership of property. TITLE A review of the records at Meadowbank TITLE SEARCH

House,to determine the ownership and description of the property as well as any encumbrances such as security deeds and all other relevant recorded deeds relating to the property.

tope torch totting up tout TRADE NAME TRADEMARK

The name used to identify a business. A word, name or symbol used to identify products sold or services provided by a business. Distinguishes the products or services of one business from those of others in the same field. A business using a trademark has the right to prevent other businesses from using it and can get money to compensate for its infringement.

traffic divider traffic island traffic lights trial tribunal trust

low strip of concrete along middle of road dividing directions of travel low island of concrete in middle of road the red, amber and green lights at some junctions

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TRUST

Property given to a trustee to manage for the benefit of a third person. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years.

trustee TRUSTEE turn Queen's or stae's evidence turnkey tutor

Person or institution that oversees and manages a trust.

the guardian of children in pupillarity Good faith Land held under a remnant of Norse law in Orkney and Shetland. It is a form of allodial tenure in Orkney and Shetland, ie there is no formal superiority. spontaneous or voluntary former, late, formerly unaware of surroundings

U
Uberrima fides Udal tenure

ultronious umquhile unconscious undercover undertaking unfair dismissal UNFAIR DISMISSAL

When an employee is fired for reasons that are not legitimate, typically either because they are unlawful in terms of the Employment Rights Act. At the same moment, with one breath of a sibling, to have the same mother but different fathers

Uno flatu uterine uttering

V
Vacant possession
Heritable property is commonly sold on the basis that the purchaser will obtain full, unhindered possession of untenanted subjects.

vacate a court judgement vaccine damage vagrant A grievance that can be resolved by legal VALID CLAIM
action.

valuables vandalism

articles of value

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Vassal

Another name for a feuar. The person holding land from a superior. A vassal can also be a superior to another vassal further down the chain. The final vassal has dominium utile over the land.

VDU veer (v.) Verbatim VERDICT

same as swerve Word by word, exactly The formal decision issued by a judge or jury on the issues of fact that were presented at trial. ruling of the court to become the property of a person When land or property or rights over them are vested in a person, it means that he has a legal right of disposal but not necessarily a title. An absolute right. When a retirement plan is fully vested, the employee has an absolute right to the entire amount of money in the account. When one person is liable for the negligent actions of another person, even though the first person was not directly responsible for the injury. For instance, an employer can be vicariously liable for the harmful acts of an employee.

verdict vest Vest, to

VESTED RIGHT

VICARIOUS LIABILITY

The other way around Vice versa victim support schemes See Vide an inspection of premises, the subject matter view of an action, sometimes allowed to jurors before a jury trial takes place

violence to person violence to property visibility vocabulary

clarity of vision as determined by weather and other factors

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VOID

One of two types of arrangements/agreements that can be annulled. A void arrangement or agreement is one that is void and invalid from its beginning. It is as though the arrangement or agreeement never existed and it requires no formality to terminate it. For instance, an incestuous marriage would be considered void. A valid arrangement or agreement that can be annulled if challenged, but otherwise remains legitimate. A French phrase that means "to speak the truth." The process of interviewing prospective jurors. Pronounced "vwa dear." Willing A defence in personal injury cases whereby it is asserted that the pursuer knew that a particular activity was dangerous and knowing same assumed the risk hence bears all responsibility for any injury that resulted.

VOIDABLE MARRIAGE

VOIR DIRE

Volens VOLENTI NON FIT INJURIA

voluntary attender

W
wad warn WARRANT
to notify of the termination of a service or lease An official order authorizing a specific act, such as an arrest or the search of someone's home.In civil cases a warrant is the court's authority to proceed for example once a summons/writ is warranted then it can be validly served. A promise about a product made by either a manufacturer or a seller. lines dividing lanes, carriageways, etc. a person who bids at auction to enhance the price

WARRANTY whisper white lines white-bonnet

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Whitsunday

A quarter or term day in Scotland, formerly 15th May, but now by statute the 28th of that month except where the old date of 15th May is expressly referred to in the relevant documents. front window of vehicle front sides of vehicle side mirrors Person who comes to court and swears under oath to give truthful evidence.

windscreen wing wing mirror WITNESS witness citation witness statements

writ WRONGFUL DISMISSAL When an employee is fired for reasons that

are in breach of the terms of an employment contract. wrongful

wrongous

Y
Yes- man yob zombie

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A coelo usque ad centrum......1 A non domino......................... 1 Ab extra.................................. 1 Ab initio..................................1 Ab inito................................... 1 absolute discharge...................1 Absolute interests in land.......2 absolvitor................................ 2 ACCESS................................. 2 Accessorius sequitur...............2 accessory.................................2 accessory action......................2 accessory obligation............... 2 accretion..................................2 accusation............................... 2 accused....................................2 Acquiescence.......................... 2 acquittal.................................. 3 Act.......................................... 3 Act of God.............................. 3 actings.....................................3 Actio quanti minoris...............3 action for payment.................. 3 ACTUAL MALICE................3 Actus reus............................... 3 Ad hoc.....................................3 Ad infinitum...........................3 Ad perpetuam remanentiam....4 adhere......................................4 ADJOURNMENT..................4 adjudication............................4 adjust.......................................4 adminicle................................ 4 admissible............................... 4 admission................................ 4 admit, to.................................. 4 admonish.................................4 admonished.............................4 advise...................................... 4 advocate (v.)........................... 4 Advocate Depute....................4 affidavit...................................4 AFFIDAVIT........................... 4

affirmation.............................. 4 AGE OF MAJORITY.............4 aggravated assault...................4 aggravated offence)................5 aggravation............................. 5 agreed to be bound..................5 alcotest.................................... 5 Alibi........................................ 5 aliens registration....................5 ALIMENT.............................. 5 Aliunde................................... 5 Allegation............................... 5 Allodial land........................... 5 Alms........................................5 ALTERNATIVE DISPUTE RESOLUTION................... 5 amend (v.)...............................5 Amicus curiae......................... 5 AMICUS CURIAE.................5 amnesty...................................6 annuity.................................... 6 ANNULMENT.......................6 answer.....................................6 ANSWER/S............................ 6 Ante........................................ 6 anti-crime................................6 antique.................................... 6 apparent heir........................... 6 appeal......................................6 APPEAL................................. 6 appeal from licensing board. . .6 appellant..................................6 applicant..................................6 application.............................. 6 appoint.................................... 7 apprehend................................7 arbiter......................................7 arbitrary punishment...............7 ARBITRATION..................... 7 arraignment.............................7 arrest....................................... 7 arrest warrant.......................... 7 arrestee....................................7

ARRESTMENT......................7 arson........................................7 art and part.............................. 7 ARTICLES OF INCORPORATION............7 as accords of law.....................7 ascendant................................ 7 assailant.................................. 7 assault..................................... 8 assault and battery.................. 8 Assignation............................. 8 ASSIGNMENT......................8 Assistant Chief Constable.......8 assolzie (v.)............................. 8 ASYLUM SEEKER...............8 author...................................... 8 authority..................................8 aver......................................... 8 avizandum...............................8 back (up)................................. 8 BAD FAITH........................... 8 badger a witness......................8 bail.......................................... 9 BAIL....................................... 9 bail committal for further examination........................9 baize........................................9 balaclava................................. 9 BANKRUPTCY..................... 9 bar (the)...................................9 baton....................................... 9 beat..........................................9 BENCH TRIAL...................... 9 BENEFICIARY......................9 bent(copper)............................9 BEYOND A REASONABLE DOUBT.............................. 9 beyond reasonable doubt........9 bleeding.................................. 9 Blench holding......................10 BOARD OF DIRECTORS...10 body...................................... 10 bolt........................................ 10

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Bona Fide..............................10 Bona vacantia.......................10 bond...................................... 10 BOND...................................10 bonnet................................... 10 Books of Council and Session .......................................... 10 boot....................................... 10 border warrant.......................10 bout....................................... 10 bracelets................................ 10 brake (n.)...............................10 brake (v.)...............................10 breach of contract.................10 breach of peace..................... 10 breaking and entering...........10 bumper.................................. 10 burden................................... 10 Burden.................................. 11 burden of proof..................... 11 BURDEN OF PROOF..........11 burglar...................................11 burglar alarm.........................11 burst em............................... 11 BY-LAWS............................ 11 cab.........................................11 Cadit quaestio....................... 11 call (of summons).................11 camic.....................................11 Candlemas............................11 candlestick............................ 11 CAPITAL GAIN..................11 CAPITAL LOSS.................. 12 career (v.)..............................12 careless driving..................... 12 carriageway...........................12 CASE LAW..........................12 casual homicide....................12 catholic creditor.................... 12 causing death by careless driving while under the influence of alcohol..........12 caution.................................. 12

CAVEAT EMPTOR.............12 CCTV....................................12 Certiorari...............................12 certiorate............................... 12 Ceteris peribus...................... 12 chambers...............................12 CHANGE OF VENUE.........12 charge....................................12 charge bar............................. 12 chib....................................... 12 Chief Constable....................13 Chief Inspector.....................13 Chief Superintendant............13 CHILD ABUSE....................13 CHILD NEGLECT...............13 child support......................... 13 Child Support Agency Appeal .......................................... 13 CHILDREN'S TRUST.........13 Childrens Hearing............... 13 Childrens Panel...................13 circumstantial evidence........13 CIRCUMSTANTIAL EVIDENCE...................... 13 citation.................................. 13 civil liability..........................13 clarification........................... 13 CLASS ACTION CASE......13 clerk...................................... 13 clerk of the court...................13 clip (v.)..................................13 clutch.................................... 14 Code of Conduct...................14 Code of Practice....................14 CODICIL.............................. 14 coerce a confession / statement .......................................... 14 COHABITATION AGREEMENT..................14 COLLATERAL.................... 14 COLLECTIVE BARGAINING AGREEMENT..................14

collide (v.).............................14 collision................................ 14 commixtion........................... 14 Common Law....................... 14 COMMON LAW..................14 common pathway..................14 Common property.................14 COMMON-LAW MARRIAGE..................... 15 communicate.........................15 Community Service Assessment.......................15 community service order......15 Community Service Order....15 community service report.....15 COMPANY.......................... 15 company law.........................15 competence........................... 15 COMPLAINT....................... 15 CONCURRENT SENTENCES....................15 condemn................................15 Confirmation.........................15 CONFLICT OF INTEREST.16 Confusio................................16 conjuct.................................. 16 consanguinean......................16 consecutive........................... 16 CONSECUTIVE SENTENCES....................16 Consensu...............................16 Consensus ad idem............... 16 CONSIDERATION..............16 Consolidation........................16 constitute...............................16 consumer law........................ 16 CONTEMPT OF COURT....17 continue................................ 17 Contra................................... 17 Contra bonos mores..............17 CONTRACT.........................17 CONTRIBUTORY NEGLIGENCE................. 17

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conventional..........................17 COPYRIGHT.......................17 Coram non judice..................17 Corpus...................................17 Corpus delicti........................17 correctional institution..........17 counsel advocate...................17 counsel for the defence.........17 counsel for the prosecution...17 counterfeit.............................17 Court of Session....................17 Creditor.................................18 CREDITOR.......................... 17 crime report...........................18 Criminal Injuries Compensation Board........18 Criminal Justice Act (Scotland) 1980.................................. 18 Croft......................................18 CROSS EXAMINATION....18 cross-examination.................18 crossroads............................. 18 Crown Office........................ 18 crown witness....................... 18 culpable homicide.................18 custody..................................18 custody search.......................18 Custos morum.......................18 cyclist....................................18 DAMAGES..........................19 De bonis asportatis................19 De die in diem.......................19 De facto.................................19 De futuro...............................19 De integro............................. 19 De jure.................................. 19 De lege ferenda.....................19 De lege lata........................... 19 De novo.................................19 de recenti (of a statement)....19 deadlock................................19 DEBTOR.............................. 19 deception...............................19

DECISION............................19 declare a mistrial...................19 Declatory sentence / judgement .......................................... 19 deed.......................................19 DEED....................................19 Deed of Conditions...............19 DEFAMATION....................19 DEFAULT............................ 19 DEFAULT JUDGMENT.....20 defence agent........................ 20 defence witness.....................20 defender................................ 20 DEFENDER......................... 20 deferred sentence..................20 delict..................................... 20 DELICT................................ 20 delivery driver.......................20 delivery hatch.......................20 DEPOSITION.......................20 Deputy Chief Constable........20 desert (the diet) pro loco et tempore............................. 20 desert simpliciter...................20 desist..................................... 20 Destination............................20 detention............................... 20 diet........................................ 20 dike....................................... 20 diligence................................20 dipped................................... 20 DIRECT EVIDENCE...........20 DIRECT EXAMINATION. .20 direct the jury........................21 DIRECTED VERDICT........21 DISBURSEMENTS............. 21 dishonesty............................. 21 dispone..................................21 Dispone.................................21 Disposition............................21 DISPOSITION.....................21 dispositive motion.................21 disqualification.....................21

disregard a testimony............21 District Court........................ 21 divorce.................................. 21 DNA......................................21 Docquet.................................21 Doli incapax..........................21 domestic dispute...................21 domestic violence.................21 Dominant tenement...............22 Dominium............................. 22 Dominium directum..............22 Dominium utile.....................22 door viewer........................... 22 doorchain.............................. 22 driving while uninsured........22 driving without MOT............22 drowsiness............................22 Drug Treatment and Testing Order................................. 22 dubbed up.............................22 Dubitante.............................. 22 DUE PROCESS....................22 duty officer...........................22 duty solicitor......................... 22 DUTY TO WARN................22 Effeirs................................... 22 Ei incumbit probatio qui.......22 elide...................................... 22 embezzle............................... 23 employment appeal...............23 empty handed........................23 endorsement..........................23 equipollent............................ 23 ESTATE............................... 23 estate car............................... 23 Et cetera................................ 23 eviction order........................ 23 evidence................................ 23 EVIDENCE.......................... 23 EVIDENCE-IN-CHIEF........23 Ex adverso............................ 23 Ex cathedra........................... 23 Ex concessis..........................23

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Ex facie................................. 23 Ex gratia................................23 Ex parte.................................23 EX PARTE........................... 23 Ex post facto......................... 23 Excambion............................ 23 excess alcohol....................... 23 Executor................................23 EXECUTOR.........................23 executor-dative.....................24 executor-nominate................24 executry................................ 24 EXEMPT PROPERTY.........24 exoner................................... 24 expenses................................24 EXPERT WITNESS.............24 EXPRESS WARRANTY.....24 extent.................................... 24 Extract...................................24 eye-witness........................... 24 eyeballed...............................24 Faciendum............................24 facility and circumvention....24 Factum.................................. 24 FAIR USE.............................24 fallguy...................................24 fast lane.................................24 fatal....................................... 24 fatal accident and sudden death inquiry (report to fiscal)....25 Fee........................................ 25 Female and Child Unit..........25 fence......................................25 Feu........................................ 25 Feuar..................................... 25 Feudal burden....................... 25 Feudal system....................... 26 Feuduty................................. 26 Fiar........................................26 fiddle.....................................26 FIDUCIARY DUTY............27 file a motion..........................27 fine........................................ 27

fingerprinting........................ 27 fingerprints............................27 first diet.................................27 fiscal fine.............................. 27 FIXTURES and FITTINGS. 27 flasher................................... 27 Floating charge.....................27 fluent.....................................27 fly-by-night...........................27 FORECLOSURE..................27 foreman.................................27 foreman of the jury...............27 forensic evidence..................27 FORESEEABILITY.............27 fork (in the road)...................27 fracture..................................27 frame-up................................28 FRANCHISE........................ 28 fraud......................................28 Fructus naturales...................28 full committal.......................28 furth of.................................. 28 fuzz....................................... 28 gaffer.....................................28 gears......................................28 get wind of............................ 28 gift of the gab........................28 gild the lily............................28 give testimony under oath.....28 glancing blow.......................28 glib........................................ 28 GOOD FAITH......................28 goolies...................................28 GRANTOR...........................28 Grassum................................ 28 gratuitous.............................. 28 Ground annual......................29 GROUNDS FOR DIVORCE .......................................... 29 grounds of referral................29 GUARDIAN.........................29 GUARDIAN AD LITEM.....29 guilty.....................................29

guilty with deletion............... 29 HABEAS CORPUS..............29 habile.................................... 29 habit and repute....................29 hamesucken..........................29 handle with kid gloves..........29 hassle.................................... 29 hatchback.............................. 29 hatchet man...........................29 haver..................................... 29 head-on crash........................ 29 headlight............................... 29 HEARSAY........................... 30 HEIRS...................................30 Heritable property (also heritage)............................ 30 High Court............................ 30 High Court Judge..................30 hinge bolt.............................. 30 holograph.............................. 30 HOLOGRAPH......................30 homologate........................... 30 honking................................. 30 housebreaker......................... 30 housebreaking....................... 30 Hypothec...............................31 Id est (i.e).............................. 31 ID parade.............................. 31 Idem...................................... 31 ill-gotten................................31 IMMIGRANT VISA............31 immigration..........................31 IMMUNITY.........................31 impediment........................... 31 IMPLIED WARRANTY......31 IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE .......................................... 31 IMPLIED WARRANTY OF HABITABILITY..............31 IMPLIED WARRANTY OF MERCHANTABILITY....31

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imprisonment........................ 31 In camera.............................. 31 IN CAMERA........................31 in camera (of court proceedings)......................32 in causa................................. 32 In delicto............................... 32 In esse................................... 32 In extenso..............................32 in flagrante delicto................ 32 In futoro................................ 32 In limine................................32 In loco parentis.....................32 In omnibus............................ 32 In pleno................................. 32 In situ.................................... 32 In terrorem............................ 32 incendiary letter.................... 32 incipient................................ 32 Incorporeal moveable property .......................................... 32 indecency charges.................32 indecent assault.....................32 indicator................................ 32 Indicia................................... 32 INDICTMENT.....................32 industrial dispute...................32 industrial tribunal..................32 Infeft..................................... 32 infer.......................................32 INFRINGEMENT................32 injury.....................................32 Inland Revenue Commissioner .......................................... 32 inside lane............................. 33 insolvency.............................33 Inspector............................... 33 Inter alia................................33 INTERDICT......................... 33 interim interdict....................33 Interium................................ 33 interlocutor............................33 INTERLOCUTOR................33

intermeddle........................... 33 intermediate diet...................33 interpreter..............................33 interrogatories.......................33 interruption........................... 33 interview, taped....................33 INTESTATE.........................33 Ipsissima verba.....................33 Ipso facto.............................. 33 IRREVOCABLE TRUST.....33 Irritancy................................ 33 jaywalker.............................. 34 jemmy................................... 34 jewellery............................... 34 joint.......................................34 joint adventure...................... 34 JOINT AND SURVIVOR ANNUITY........................ 34 JOINT CUSTODY...............34 joint minute of agreement.....34 joint obligation......................34 Joint property........................34 JOINT PROPERTY..............34 JUDGEMENT...................... 34 judicial examination.............34 judicial review......................34 junction................................. 34 JURISDICTION................... 35 JURY CHARGE...................35 jury service...........................35 Jus......................................... 35 Jus naturale........................... 35 Jus quaesitum tertio..............35 JUST CAUSE....................... 35 justifiable homicide.............. 35 juvenile................................. 35 keep left sign.........................35 Keeper of the Registers of Scotland............................ 35 Kings/Queens counsel..........35 kisser.....................................35 knackered..............................35 knocked off........................... 35

Lammas................................ 35 Land Register of Scotland....36 landlord and tenant (repossession)...................36 Lands Tribunal for Scotland. 36 lane........................................36 law agent...............................36 lead evidence/proof...............36 leading question.................... 36 Lease / licence......................36 legal (n.)................................36 Legal Aid.............................. 36 legal binding effect...............36 LEGAL CUSTODY.............36 legal executive...................... 36 Legal rights........................... 37 lewd...................................... 37 lewd and libidinous acts.......37 LIABILITY..........................37 liaison....................................37 libel....................................... 37 LIBEL................................... 37 licensing board......................37 lien........................................ 37 Lien....................................... 37 LIEN..................................... 37 liferent...................................37 Liferent................................. 37 light....................................... 37 LIMITED LIABILITY COMPANY......................37 liquid..................................... 37 LIQUID DAMAGES............38 litiscontestation..................... 38 LIVING TRUST...................38 LIVING-TOGETHER CONTRACT.....................38 lock up.................................. 38 Locus in quo.........................38 lodge..................................... 38 lodge an appeal..................... 38 loose......................................38 Lord Advocate...................... 38

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lost and found property.........38 loudspeaker...........................38 lout........................................ 38 Lyon King of Arms, Lord.....38 magistrate..............................38 Magnum opus....................... 38 mainline................................ 38 MAINTENANCE.................38 major.....................................38 Mala fides............................. 38 malicious mischief................38 mandate.................................38 mandatory detention.............38 MANDATORY SENTENCE .......................................... 39 manslaughter (involuntary)...39 MARRIAGE BY HABIT AND REPUTE................. 39 marriage-contract..................39 Martinmas.............................39 MEDIATION........................39 Mens rea............................... 39 mental health hearings..........39 mentally ill persons...............39 mid-impediment....................39 MINOR.................................40 minute................................... 40 Minute of Consolidation.......40 Minute of Waiver..................40 misdemeanour.......................40 miserable...............................40 missing persons.....................40 Missives................................ 41 MISSIVES............................ 40 MITIGATING FACTORS...41 mitigation..............................41 modus operandi.....................41 mood..................................... 41 moron....................................41 motion...................................41 MOTION.............................. 41 motion for a new trial...........41 motive................................... 41

motorcyclist.......................... 41 mount (v.)............................. 41 mouthpiece............................41 move for bail.........................41 Moveable property................41 moveables............................. 41 multiple sclerosis..................41 murder...................................41 murmering (a judge).............41 nab........................................ 42 nark....................................... 42 narrative................................ 42 Narrative............................... 42 nearside.................................42 necklace................................ 42 negligence............................. 42 NEGLIGENCE.....................42 Nemo dat quod non habet.....42 neutrality...............................42 new trial................................ 42 Nexus.................................... 42 nick....................................... 42 Nisi........................................42 no case to answer submission .......................................... 42 Non compus mentis..............42 Non constat........................... 42 Non est factum......................42 Non sequitur.........................42 NON-EXEMPT PROPERTY .......................................... 42 not guilty...............................42 NOT PROVEN..................... 43 NOTARY PUBLIC..............43 notebook............................... 43 NOTICE OF APPEAL.........43 notice of penalty...................43 Notice of title........................ 43 Notice to quit........................ 43 Novadamus........................... 43 novation................................ 43 obediential............................43 obligant................................. 43

off the record........................43 offence.................................. 43 offensive weapon.................. 43 OFFICERS OF A COMPANY .......................................... 43 offside................................... 44 on the ball............................. 44 onerous..................................44 Onus probandi.......................44 oppression............................. 44 ornaments..............................44 Orse.......................................44 out cold................................. 44 out on licence........................44 outside lane........................... 44 outwith.................................. 44 Overriding interests.............. 44 PACTA ILLICITA...............44 pains of law...........................44 panel (in solemn procedure). 44 Par delictum.......................... 44 PARENS PATRIAE.............44 Pari passu.............................. 44 PAROLE...............................44 parole evidence..................... 44 PARTNERSHIP...................44 past record.............................45 PATENT............................... 45 penal action...........................45 penal institution....................45 PENSION PLAN.................. 45 Per curiam.............................45 Per minas.............................. 45 Per quod................................ 45 PEREMPTORY CHALLENGES................ 45 PERJURY............................. 45 PERSONAL PROPERTY....45 Personal right........................ 45 petition.................................. 45 PETITION............................ 45 petition for bail.....................45 PHYSICAL or de facto

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CUSTODY.......................45 pilfer......................................45 pimp...................................... 45 plaintiff................................. 45 plant...................................... 45 plea........................................45 PLEA BARGAIN................. 46 plea in bar of trial..................46 plea in mitigation.................. 46 plea of guilty.........................46 plea-in-law............................ 46 plead......................................46 pleading diet.........................46 PLEADINGS........................ 46 poind..................................... 46 Police Constable / Offcer.....46 police office.......................... 46 poof.......................................46 porch..................................... 46 porridge.................................46 possession............................. 46 possessory action..................46 Post mortem..........................46 POWER OF ATTORNEY....46 Pre-emption..........................46 PRE-NUPTIAL AGREEMENT\;...............47 pre-sentence report............... 47 PRE-SENTENCING REPORT .......................................... 47 PRECEDENT....................... 46 precious.................................46 precognition.......................... 46 PRELIMINARY HEARING47 premeditated murder.............47 Prescription...........................47 Presents.................................47 prestation.............................. 47 presumption of innocence.....47 prevalence.............................47 Prima facie............................47 PRIMA FACIE..................... 47 Prima impressionis............... 47

privative jurisdiction.............47 PRIVILEGED COMMUNICATION.......48 privy to knowledge...............48 Pro hac vice..........................48 Pro indiviso...........................48 Pro rata..................................48 Pro tanto................................48 Pro tempore...........................48 PROBABLE CAUSE...........48 PROBATE............................ 48 probation...............................48 PROBATION.......................48 Probation Service..................48 probation with special conditions sentence...........48 Probative...............................49 procurator fiscal.................... 49 procurator fiscal depute........49 production.............................49 proficiency............................ 49 PROMISSORY NOTE.........49 prompt...................................49 prosecution (Crown).............49 prosecution witness...............49 PROSECUTOR....................49 psychiatric report..................49 public interest.......................49 Publici juris...........................49 pull a fast one........................49 PUNITIVE DAMAGES.......49 pupil...................................... 50 pursuer.................................. 50 Quaeitur................................ 50 Quaere...................................50 qualify...................................50 Quantum............................... 50 Quarter days..........................50 QUASH................................ 50 quasi-delict............................50 queer..................................... 50 Quid pro quo.........................50 QUID PRO QUO..................50

racial / sexual discrimination50 rank....................................... 50 rape....................................... 50 Re..........................................50 RE-EXAMINATION...........51 real action.............................50 real burden............................ 50 Real burden...........................50 REAL PROPERTY.............. 51 REASONABLE CARE........51 REASONABLE DOUBT.....51 reassure................................. 51 receiver................................. 51 reckless driving.....................51 record of proceedings...........51 recrimination.........................51 Reduction..............................51 reefer..................................... 51 referral.................................. 51 REFUGEE............................ 51 Regalia majora...................... 51 Regalia minora......................51 Register of Sasines................52 registration number...............52 Registration of Title..............52 release for report................... 52 release on bail....................... 52 released on parole.................52 remand.................................. 52 REMAND............................. 52 remanded in custody.............52 remittal..................................52 Rent Assessment Panel.........52 Renunciation......................... 52 reparation.............................. 53 repel...................................... 53 reporter..................................53 reporter (childrens panel)....53 Res........................................ 53 Res Gestae............................ 53 RES IPSA LOQUITUR........53 Res nulis............................... 53 RESIDUARY ESTATE.......53

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resolute..................................53 RETAINER..........................53 retention................................ 53 REVOCABLE TRUST.........53 rhythm...................................53 RIGHT AGAINST SELFINCRIMINATION...........53 RIGHT OF SURVIVORSHIP .......................................... 53 rights..................................... 53 ringer.....................................53 rip off.................................... 53 road sign............................... 53 robbery..................................54 roundabout............................ 54 RTA...................................... 54 saloon....................................54 schedule of previous convictions........................54 Sciens....................................54 scrubber................................ 54 Se defendendo.......................54 search.................................... 54 search for encumbrances......54 search warrant.......................54 Section.................................. 54 Section II...............................54 SECURITY AGREEMENT. 54 Secus.....................................54 sentence................................ 54 sentence someone in absentia .......................................... 54 SEPARATION AGREEMENT .......................................... 54 Sergeant................................ 54 SERVICE OF PROCESS/SUMMONS/WR IT...................................... 54 Servient tenement.................54 Servitude...............................55 SETTLEMENT....................55 SETTLEMENT AGREEMENT..................55

shameless indecency.............55 shanks pony......................... 55 SHAREHOLDER.................55 sheriff....................................55 Sheriff Court......................... 55 shoplifter...............................55 shutter................................... 55 sideburns...............................55 signpost.................................55 simultaneous......................... 55 SINGLE LIFE ANNUITY...55 skid (v.).................................55 SLANDER............................55 slanging.................................55 slippery................................. 55 small claims court................. 55 smash (v.)..............................55 Social Enquiry Report..........55 social security....................... 55 Social Work (Scotland) Act, 1968.................................. 55 sodomy..................................55 SOLE PROPRIETORSHIP. .56 solemn procedure..................56 solicitor................................. 56 Solicitor General...................56 Solum....................................56 spaced out............................. 56 speed (v.).............................. 56 speed limit.............................56 speeding................................ 56 spot check............................. 56 STANDARD OF CARE.......56 Standard security..................56 STANDARD SECURITY....56 STARE DECISIS................. 57 statue of limitations..............57 Statutory Law.......................57 Stet........................................ 57 stoned....................................57 storm door.............................57 STRICT LIABILITY............57 strike (v.)...............................57

Sub modo.............................. 57 Sub nomine........................... 57 Sub silentio........................... 57 SUBLET............................... 57 Suggestio falsi.......................57 Sui generis............................ 57 summary complaint.............. 57 Summary diligence...............57 summary procedure.............. 57 SUMMATION......................57 summing up..........................57 SUMMONS.......................... 57 Superintendant...................... 58 Superintendants Warning....58 Superior\; superiority............58 Supervised Attendance Order .......................................... 58 supervision of prisoners........58 supply....................................58 Suppressio veri.....................58 suspended sentence...............58 suspentive condition.............58 swag...................................... 58 swerve................................... 58 Tacit relocation..................... 58 tact........................................ 58 take someone in preventative custody..............................58 taking of samples.................. 58 Talis qualis............................58 tank....................................... 58 tart......................................... 58 tattoo..................................... 58 telephone entry system.........58 temporary custody................58 tender.................................... 58 testament............................... 58 TESTATOR..........................58 Testing-clause....................... 59 the bench...............................59 the Bill.................................. 59 theft....................................... 59 Theft by Housebreaking.......59

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thole the assize......................59 thorough search.....................59 throw a case out of court.......59 timeous..................................59 TITLE................................... 59 TITLE SEARCH..................59 tope....................................... 59 torch...................................... 59 totting up...............................59 tout........................................ 59 TRADE NAME.................... 59 TRADEMARK.....................59 traffic divider........................ 59 traffic island..........................59 traffic lights...........................59 trial........................................59 tribunal..................................59 trust....................................... 59 TRUST..................................60 trustee....................................60 TRUSTEE.............................60 turn Queen's or stae's evidence .......................................... 60 turnkey.................................. 60 tutor.......................................60 Uberrima fides...................... 60 Udal tenure...........................60 ultronious.............................. 60 umquhile............................... 60 unconscious..........................60

undercover............................ 60 undertaking........................... 60 unfair dismissal.....................60 UNFAIR DISMISSAL.........60 Uno flatu............................... 60 uterine................................... 60 uttering..................................60 Vacant possession.................60 vacate a court judgement......60 vaccine damage.....................60 vagrant.................................. 60 VALID CLAIM....................60 valuables............................... 60 vandalism..............................60 Vassal....................................61 VDU......................................61 veer (v.).................................61 Verbatim............................... 61 verdict................................... 61 VERDICT.............................61 vest........................................61 Vest, to..................................61 VESTED RIGHT..................61 VICARIOUS LIABILITY....61 Vice versa............................. 61 victim support schemes........61 Vide...................................... 61 view...................................... 61 violence to person................. 61 violence to property..............61

visibility................................ 61 vocabulary............................61 VOID.................................... 62 VOIDABLE MARRIAGE. . .62 VOIR DIRE.......................... 62 Volens................................... 62 VOLENTI NON FIT INJURIA .......................................... 62 voluntary attender................. 62 wad........................................62 warn...................................... 62 WARRANT.......................... 62 WARRANTY....................... 62 whisper..................................62 white lines.............................62 white-bonnet......................... 62 Whitsunday........................... 63 windscreen............................ 63 wing...................................... 63 wing mirror........................... 63 WITNESS............................. 63 witness citation.....................63 witness statements................63 writ........................................63 WRONGFUL DISMISSAL. 63 wrongous.............................. 63 Yes- man...............................63 yob........................................ 63 zombie.................................. 63