Books of Adjournal The books or records of the Justiciary Office in relation to criminal proceedings. Avizandum Latin When a judge decides to take time to consider a case, reach a decision and write the judgement, the court is said 'to make avizandum'. Objection to exemptions A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.
Diet The date fixed by the court for hearing a case for any one of a variety of purposes. Nobile officium The noble office or duty of the Court of Session; an equitable jurisdiction in virtue of which the court may,within limits, mitigate the strictness of the common law and provide a legal remedy where none exists. Arrestment Legal attachment of money or moveable property in the hands of a third party. Defender A person against whom a civil action is raised. Appropriate Adult An independent adult who may attend police interviews and procedures when a victim, witness, suspect or accused is a person who has a mental disorder. Judgment The official decision of a court finally resolving the dispute between the parties to the lawsuit. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors.
Trial — The legal action in a criminal court case. There are no fixed forms of real burdens although they should either impose positive obligations, negative obligations, or obligations which are ancillary to a positive or negative obligation and be consistent with the criteria for creation of real burdens specified in the Title Conditions Scotland Act 2003. Judge The judicial office holder who presides over proceedings, i. Outer House The part of the Court of Session which exercises a first instance jurisdiction. Custody — When a person is kept in prison or a police cell.
It may involve granting a right of access or a right to a water supply for example and thus may limit the use to which a property may be put, or it may bring benefit to a property. Bail 1 In Admiralty proceedings the security given to obtain the release of a ship. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U. Service of process The delivery of writs or summonses to the appropriate party. Compensation order An order requiring an offender convicted of an offence to pay compensation to a person for personal injury, loss, or damage caused directly or indirectly, or alarm or distress caused directly against whom or against whose property the acts constituting the offence were directed. Quantum valeat For as much as it is worth.
In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property. A proper liferent is one created by a disposition. Community service A special condition the court imposes that requires an individual to work — without pay — for a civic or nonprofit organization. Remit The transfer of some matter by one judge to another, but more often by a judge to a person named as, e. Procurator fiscal The public prosecutor in inferior courts.
Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property. Reverse The act of a court setting aside the decision of a lower court. Detention A sentence of imprisonment in a young offender's institution on a person under 21 years of age. Preliminary plea A plea-in-law that raises a legal issue that does not relate to the merits of the proceedings but if sustained could result in the proceedings or a part of them being dismissed Pre-proof hearing A hearing in civil action proceedings to determine whether parties are ready for the proof, whether more or fewer days for proof are required and to establish what the issues are or whether they can be reduced. De fideli administratione Of faithful administration. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Ordinary cause All sheriff court civil actions other than small claims, summary causes and summary applications, are ordinary actions subject to the Ordinary Cause Rules 1993 in the First Schedule to the Sheriff Courts Scotland Act 1907.
Servitude The Scottish equivalent of an English easement. A heritable creditor is the Scottish equivalent of a mortgagee such as a bank or building society. Prison breaking Escaping from lawful confinement. Also known as court officer. Res judicata A question decided in competent legal proceedings, which cannot again be raised.
Dominus litis The master of the litigation: usually refers to a party controlling a court case which has been raised in the name of someone else. Priority claim An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Cases tried on indictment are known as solemn proceedings. A coelo usque ad centrum The grant of a disposition confers ownership of the land on the new owner not only of the whole grounds described in the disposition, but also buildings, woods, waters and fishing not 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. Game Scotland Act, 1832 The unlawful taking of game or rabbits by night.
Decree by default A final order granted to a party against another party who has failed to appear, to lodge a document or do something required by the court or rules of court. In the jury selection process, the group of potential jurors; 3. Tort A civil, not criminal, wrong. 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. Affirmed In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court. Sodomy Male homosexual intercourse, construed as act of gross indecency. Justice Clerk, Lord The second in dignity of the Scottish judges, who presides over the Second Division of the Court of Session.