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Terminology of Scots LawA 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 From outside Ab initio Latin - from the start.

Ab inito From The beginning absolute discharge 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 the judgement pronounced when the court

assoilzies ACCESS 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 Accessorius sequitur One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender

accessory person who helps in or is privy to a criminal

act accessory action an action that subserves an ulterior legal

purpose accessory obligation an obligation undertaken in order to make an

earlier obligation more effective accretion when the imperfect title of A, who has

conveyed to B, is later perfected in A, the validation perfects also B's title

accusation charge against someone accused one who is blamed for a crime Acquiescence 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.

acquittal declaration of the court that the accused is not guilty (does not proven also apply?)

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Act 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.

Act of God 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".

actings acts, conduct Actio quanti minoris 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.

action for payment a lawsuit ACTUAL MALICE A statement made with the knowledge that it

was false or without care as to whether it was true or not.

Actus reus A guilty deed or act Ad hoc For this purpose Ad infinitum For ever, without limit, To infinity 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.

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adhere of a court, to affirm the judgement of a lower court

ADJOURNMENT postponement.

adjudication adjust to alter the pleas in a written pleading before

the record is closed adminicle a piece of supportive evidence admissible allowable in law admission confession admit, to to confess admonish (of a court) to give a defendant a warning

admonished advise to give a considered judgement in a case advocate (v.) to bring up the judgement of an inferior court

for review Advocate Depute Scottish law official (under Lord Advocate) affidavitΩ AFFIDAVIT 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 a binding statement AGE OF MAJORITY The age when a person acquires all the

rights and responsibilities of being an adult.

aggravated assault aggravated assault intentional grievous bodily harm aggravated offence)

(against such persons or property as to make it more serious

aggravation circumstances in a criminal charge, which, if proven result to a more serious conviction, e.g. a previous conviction

agreed to be bound legally committed to doing something alcotest test of breath alcohol Alibi At another place, Elsewhere aliens registration reporting or listing of non-citizens

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ALIMENT 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.

Aliunde From elsewhere, or, from a different source

Allegation unproven accusation or statement

Allodial land 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 RESOLUTION

Methods for resolving problems without going to court.

amend (v.) to make alterations on pleadings after the 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.

Amicus curiae A friend of the court amnesty period during which there is a general

forgiveness or reprieve, usually for criminal or political offences

annuity the right to a yearly payment in money ANNULMENT 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.

answer a written pleading given in reply to a claim

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ANSWER/S 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.

Ante Before anti-crime selected group of officers dealing solely with

crime antique an object of considerable age, esp. furniture

or art apparent heir 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)

APPEAL 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.

appeal application for reconsideration of court decision

appeal from licensing board appellant person making an appeal applicant person applying (to enter or stay in the UK) application asking for something by verbal or written

request, or a completed form asking for something

appoint of a court, to order or direct apprehend to arrest arbiter a person chosen voluntarily by parties to a

dispute to decide the difference between them (In English Law, he is called "arbitrator")

arbitrary punishment punishment inflicted at the discretion of the

judge ARBITRATION A method of alternative dispute resolution in

which the disputing parties agree to abide by the decision of an arbitrator.

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arraignment bring a prisoner before court to answer an indictment

arrest 1. to apprehend; 2. to take the property of a debtor or defender in the hands of a third party

arrest warrant arrestee the person holding goods arrested ARRESTMENT 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.

arson criminal fire-raising or starting of fire

art and part in the capacity of an accessory or an accomplice

ARTICLES OF INCORPORATION

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 accords of law as is agreeable to law (often shortened to "as accords")

ascendant in cases of succession, a person akin to the deceased belonging to a preceding generation

assailant attacker assault attack

assault and battery

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Assignation 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.) to absolve or decide in favour of the

defender ASYLUM SEEKER 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.

author a person from whom one derives his title by sale or gift

authority aver to state or allege in written pleadings avizandum to take a case for consideration out of court

B

back (up) to endorse BAD FAITH 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.

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 BANKRUPTCY Sequestration or insolvency; a process

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.

bar (the) desk or counter in police station OR section of legal profession to which barristersin England belong to

baton police truncheon beat area covered by police control BENCH TRIAL A trial held before a judge and without a jury.

BENEFICIARY The person named in a will or insurance policy to receive money or property; person who receives benefits from a trust.

bent(copper) corrupt officer BEYOND A REASONABLE DOUBT

The highest level of proof required in criminal cases before a jury or judge can pronounce a a guilty verdict.

beyond reasonable doubtsuch that no reasonable person could think otherwise

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 prisoner bolt sliding bar and socket used as a lock Bona Fide Sincere, In good faith Bona vacantia Goods without an owner bond a written obligation to pay money or do

something BOND 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 front part if body of car covering the engine Books of Council and Session

A public register of deeds held by the Keeper of the Registers of Scotland in which a wide variety of deeds may be registered.

boot luggage compartment at back border warrant a warrant for the arrest of the effects and

person of a man in England for debts owed in Scotland

bout bracelets handcuffs brake (n.) the stopping mechanism of a vehicle

brake (v.) to use the brakes to stop a vehicle

breach of contract

breach of peace

breaking and entering bumper the protective bars at the lower front and

back of vehicles

burden 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.

burden of proof the responsibility to prove certain facts at issue

burglar burglar alarm mechanism rigged to alert others by ringing

of the presence of intruders

burst ‘em BY-LAWS 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.

C

cab Cadit quaestio The matter admits of no further argument call (of summons) 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

camic machine previously used to measure

alcohol(breath) Candlemas 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.

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

career (v.) go at great speed, sometimes out of control

careless driving driving without due attention carriageway part of road carrying traffic in a particular

direction

CASE LAW 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.

casual homicide an accidental killing involving no fault in the killer

catholic creditor a person holding security for his debt over more than one piece of the debtor's property

causing death by careless driving while under the influence of alcohol caution a warning caution security in civil matters CAVEAT EMPTOR 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.

CCTV closed circuit television Certiorari Originally a writ from a High Court to a lower

Court certiorate to give formal notice of a fact to Ceteris peribus Other things being equal chambers private office of a sheriff or judge CHANGE OF VENUE A change in the location of a trial, usually

granted to avoid prejudice against one of the parties.

charge accusatio, indictment charge bar where a prisoner is charged chib (slang) knife

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Chief Constable principle police officer in an area Chief Inspector Chief Superintendant CHILD ABUSE Arising in criminal cases.Usually occurs

when a parent or relative purposefully harms a child.

CHILD NEGLECT 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.

child support maintenance payment Child Support Agency Appeal Children’s Hearing Children’s Panel CHILDREN'S TRUST A trust set up as part of a will or outside of a

will to provide funds for child/ren.

CIRCUMSTANTIAL EVIDENCE

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 court official clip (v.) to hit the edge of something

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clutch mechanism of car releasing gears facilitate gear change

Code of Conduct rules for behaviour Code of Practice guidelines CODICIL A supplement to a will.

coerce a confession / statement COHABITATION AGREEMENT

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.

COLLATERAL An asset that a borrower agrees to give up if he or she fails to repay a loan.

COLLECTIVE BARGAINING AGREEMENT

The contract that spells out the terms of employment between unions and and employers.

collide (v.) two things to hit one another, usually head-on

collision two things hitting one another, usually head-on

commixtion mixture of property belonging people with varying results upon property rights

COMMON LAW Also see common law.The law created by judgements pronounced in court cases whereby precedents are set.

Common Law law derived from custom and judicial precedent rather than statute

common pathway path from public highway to main door shared with other residents

Common property 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'.

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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 to make some right available to another in fulfilment of a legal duty

Community Service Assessment

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.

company law law governing companies competence being fit to plead COMPLAINT 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.

CONCURRENT SENTENCES

Criminal sentences that are to be served at the same time rather than one after the other.

condemn to sentence a criminal

Confirmation 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'.

conjuct joint consanguinean a sibling having the same father but not the

same mother consecutive following one another CONSECUTIVE SENTENCES

Criminal sentences that must be served one after the other rather than at the same time.

Consensu Unanimously or, by general consent Consensus ad idem Agreement as to the same things CONSIDERATION The "price".Something that is given in

exchange for getting something from another person.

Consolidation 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.

constitute to determine or establish a debt 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

Contra To the contrary Contra bonos mores Contrary to good morals CONTRACT 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.

CONTRIBUTORY NEGLIGENCE

Prevents a party from recovering full damages if he or she contributed in any way to the injury.

conventional of obligations, arising out of agreement or contract

COPYRIGHT A person's right to prevent others from copying works.Read more.

Coram non judice Before one who is not a judge Corpus Body Corpus delicti The body of the offence

correctional institution counsel advocate solicitor (?) qualified to present in court

counsel for the defence counsel for the prosecution

counterfeit forged Court of Session CREDITOR 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 a formal accusation about an offence or

offender Criminal Injuries Compensation Board

body which decides how much a personinjured by a criminal act should receive as compensation

Criminal Justice Act (Scotland) 1980 Croft 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.

CROSS EXAMINATION The questioning of an opposing party's

witness about matters brought up during evidence in chief.

cross-examination questioning of the defendant by the prosecution in court

crossroads meeting of four roads in the form of a cross

Crown Office office of the Queen's bench resposnsible for administration

crown witness culpable homicide a killing caused by fault, but without the evil

intention required for the constitution of murder (It is equivalent of the English manslaughter)

custody detention

custody search a superficial search (eg when person comes into custody

Custos morum A guardian of morals cyclist bicycle rider!

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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.

De bonis asportatis Of goods carried away De die in diem From day to day De facto In fact De futuro In the future De integro As regards the whole De jure Rightful, by right De lege ferenda what the law ought to be (as opposed to

what the law is) De lege lata what the law is (as opposed to what the law

ought to be) De novo Starting afresh de recenti (of a statement) deadlock lock requiring a key to secure a door

DEBTOR Person who owes money.

deception dishonest transaction DECISION 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

DEED 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.

Deed of Conditions A separate deed containing servitudes and burdens which can then be referred to within multiple dispositions.

DEFAMATION The publication of a statement that injures a

person's reputation. Libel and slander are defamation.

DEFAULT The failure to fulfill a legal obligation, such as neglecting to pay your mortgage when due.

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DEFAULT JUDGMENT A ruling entered against a defender who fails to answer a summons.

defence agent counsel for the defence

defence witness defender the party against whom a civil action is

brought DEFENDER In civil matters, the person or organization

that is being sued.

deferred sentence is this the same as a suspended sentence?postponed sentence

delict a wrong in the civil sense DELICT A civil wrong which results in an injury to a

person or property.

delivery driver delivery hatch DEPOSITION 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 Destination A direction, usually in a disposition or will,

prescribing the order of succession to moveable and heritable property (see definition).

detention diet dike diligence execution against debtors dipped DIRECT EVIDENCE 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.

DIRECT EXAMINATION The initial questioning of a witness by the party/party's solicitor/counsel/advocate that called the witness.See evidence in chief.

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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.

DISBURSEMENTS Monies spent;for instance legal costs incurred, such as for photocopying, overnight mail and messenger services.

dishonesty dispone to convey land Dispone 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.

DISPOSITION 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.

Disposition 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.

dispositive motion disqualification

disregard a testimony District Court divorce DNA genetic material used in forensics for

identification purposes Docquet An authenticating endorsement on a deed or

other document. Doli incapax Incapable of crime domestic dispute domestic violence

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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 Ownership Dominium directum This is the interest in land retained by a

superior. See 'superiority'. Dominium utile This is the type of ownership enjoyed by a

feudal vassal. See 'a coelo usque ad centrum' and 'superiority'.

door viewer small lens in door allowing person inside to

see who is outside

doorchain chain with socket used to prevent door from being opened more than a few cm

driving while uninsured driving without MOT drowsiness Drug Treatment and Testing Order dubbed up Dubitante Doubting the correctness of the decision DUE PROCESS 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

Ei incumbit probatio qui The onus of proving a fact rests upon the

man elide to oust or exclude

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

employment appeal empty handed endorsement equipollent equivalent ESTATE All the property a person owns.

estate car car with large space in back for luggage joining passenger area, and extra door at rear

Et cetera Other things of that type

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-IN-CHIEF Evidence elicited from questioning one's own witness.

Ex adverso This means 'opposite to'. It is a term used to describe the position of land or buildings.

Ex cathedra With official authority Ex concessis In view of what has already been accepted

Ex facie On the fact of it Ex gratia Out of kindness, voluntary EX PARTE Latin that means "by or for one party."

Refers to situations in which only one party (and not the adversary) appears before a judge.

Ex parte Proceeding brought by one person in the absence of another

Ex post facto By reason of a subsequent act Excambion A contract of excambion exchanges one

piece of land for another. excess alcohol EXECUTOR Person named in a will to oversee and

manage an estate.

Executor A legal representative of a deceased person whose duty is to wind up the estate of the deceased.

executor-dative an executor appointed by the court

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executor-nominate an executor appointed by the testator executry the whole moveable property of a person

deceased EXEMPT PROPERTY In a bankruptcy, the possessions that a

person is allowed to keep.

exoner to discharge of liability expenses the costs of an action EXPERT WITNESS 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.

EXPRESS WARRANTY 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.

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 Something which is to be done facility and circumvention

when a person by a dishonest course of conduct plays upon a facile person in order to secure an advantage

Factum An act or deed FAIR USE 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 lane within which traffic travels fastest,

outside lane

fatal of a nature such as to cause death fatal accident and sudden death inquiry (report to fiscal)

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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 barrier or railing enclosing area of ground fence receiver of stolen goods Feu 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.

Feudal burden 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.

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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.

FeudutyΩ 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.

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

fiddle

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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.

flasherΩ 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 science or medicine of or used in the courts

of law

FORESEEABILITY 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.

fork (in the road) where road forms a Y shape

fracture cracking of bone

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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 Vegetation which grows naturally without

cultivation full committal furth of outside the borders of fuzz

G

gaffer gears mechanism in car controlling speed of

engine get wind of gift of the gab gild the lily give testimony under oath glancing blow whereby something is hit at an angle and

bounces off

glib GOOD FAITH 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..

Grassum 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.

gratuitous made or granted without consideration

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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

The legal reason/s a divorce is granted. There are five grounds of divorce.

grounds of referral GUARDIAN Person assigned by the court to take care of

minor children or incompetent adults.

GUARDIAN AD LITEM 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.

habile apt or competent for some purpose habit and repute the reputation of being a thief hamesucken an assault committed upon a man in his own

house handle with kid gloves hassle hatchback car with large door into main body of car at

rear

hatchet man haver a person having documents in his

possession which he is required to produce as evidence in a lawsuit

headlight large white lights at front of car to indicate

car and light road ahead

head-on crash two vehicles travelling in opposite directions hitting each other directly

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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.

HEIRS 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 (also heritage)

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.

High Court High Court Judge hinge bolt does anyone know exactly what this is?

holograph wholly written by one person HOLOGRAPH 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 to approve, and so validate a defective contract

honking housebreaker housebreaking breaking into a building to commit a crime,

esp. in daytime

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

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I

Id est (i.e) That is ID parade Idem The same person or thing ill-gotten IMMIGRANT VISA Visa granted by the Immigration and

Nationality Department of the Home Office to allow non UK passport holders who require one.

immigration IMMUNITY Exemption from a legal duty, penalty or

prosecution.

impediment IMPLIED WARRANTY 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 FITNESS FOR A PARTICULAR PURPOSE

Warranty that exists when a seller should know that a buyer is relying on the seller's expertise.

IMPLIED WARRANTY OF HABITABILITY

Law that exists governing residential leases and asserts that regardless of what a lease 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 MERCHANTABILITY

Warranty that guarantees that goods are reasonably fit for their ordinary purpose.

imprisonment IN CAMERA Latin for "in chambers." Refers to a hearing

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

In camera In private in camera (of court proceedings)

in causa In delicto At fault In esse In existence In extenso At full length

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in flagrante delicto In futoro In the future In limine At the outset, on the threshold In loco parentis In place of the parent In omnibus In every respect In pleno In full In situ In its place In terrorem As a warning or deterrent incendiary letter a threatening letter incipient Incorporeal moveable property

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 flashing lights at side of front and rear to

indicate intention to turn

Indicia Marks, signs INDICTMENT 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.

infer for a course of conduct, to involve as a

consequence INFRINGEMENT Unauthorised use, typically of a patent or

copyright.

injury wound Inland Revenue Commissioner inside lane lane next to side of road, slow lane

insolvency Inspector Inter alia Amongst other things

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

interim interdict Interium Temporary, in the meanwhile interlocutor an order or decision of the court short of the

final judgement INTERLOCUTOR Order issued during the course of litigation.

intermeddle to interfere improperly or without any right

intermediate diet interpreter interrogatories written questions adjusted by the court to be

put to witnesses examined under a commission

interruption certain acts which frustrate the running of a

period of prescription interview, taped INTESTATE To die without a will.

Ipsissima verba The very words of a speaker Ipso facto By that very fact IRREVOCABLE TRUST A trust created during the maker's lifetime

that does not allow the maker to change it.

Irritancy 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.

J

jaywalker jemmy jewellery ornaments worn on the person

joint

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joint adventure a partnership for one particular transaction

JOINT AND SURVIVOR ANNUITY

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.

JOINT CUSTODY When both parents share custody of a child after a divorce. There are two kinds of custody

legal custody and physical(de facto)custody. Either or both may be joint.

joint minute of agreement joint obligation an obligation binding several, yet each only

for a share JOINT PROPERTY 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.

Joint property 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'.

JUDGEMENT A court's official decision on the matters

before it.

judicial examination judicial review junction any point where more than two roads meet,

any entrance or exit from a motorway

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.

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JURY CHARGE 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 service Jus A right that is recognised in law Jus naturale Natural justice Jus quaesitum tertio 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.

JUST CAUSE A legitimate reason.

justifiable homicide killing in exercise of a public duty (e.g. execution of sentence of death), or of a private right (e.g. of self-defence)

juvenile

K

keep left sign road sign indicating traffic should keep to left

Keeper of the Registers of Scotland

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 the 1st of August Lammas 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.

lane part of road divided by white lines within

which traffic should travel

law agent term used to denote a solicitor or a writer lead evidence/proof to adduce or call evidence leading question Lease / licence 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.

legal (n.) 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

Legal Aid assistance with representation for those

unable to afford it

legal binding effect LEGAL CUSTODY 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.

legal executive Harnek mentioned this, but I didn’t 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 LIABILITY Any legal responsibility, duty or obligation.

liaison libel 1. written defamation; 2. criminal indictment

LIBEL Defamatory (false and injurious) written

statements or materials, including movies or photographs.

licensing board lien the right to retain the property of a debtor

until he pays (originally an English term) LIEN 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.

Lien A lien is a right to retain a debtor's moveable property until the debt is paid.

liferent 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

Liferent 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.

light a servitude binding one owner of property

not to build on it so as to obstruct the light of his neighbour

LIMITED LIABILITY COMPANY

A business structure that is a legal entity with directors and shareholders whose liability in relation to the Company's creditors is limited.

liquid of fixed and ascertained amount, e.g. a liquid debt

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LIQUID DAMAGES The amount of money specified in a contract to be awarded in the event that the agreement is violated.

litiscontestationΩ joinder of issue, which in modern Scots law arises on the lodging of defences

LIVING TRUST 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.

LIVING-TOGETHER CONTRACT

See cohabitation agreement.

lock up Locus in quo Scene of the event lodge 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 A great work of literature mainline MAINTENANCE 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.

major a person of full legal age (opp. minor) Mala fides Bad faith malicious mischief damaged done to property out of malice or

cruelty mandate an authority given to a man to act

(gratuitously) for another

mandatory detention

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MANDATORY SENTENCEA 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

Martinmas 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.

MEDIATION 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.

Mens rea Guilty state of mind mental health hearings mentally ill persons mid-impediment an event occurring between two others

which prevents the later from operating retrospectively upon the earlier

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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.

minute 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

Minute of Consolidation This is a document which merges a

superiority and a feu where the two estates are held by one party. See definition of 'consolidation'.

Minute of Waiver 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.

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.

mitigation alleviation as applied to a plea for limitation or reduction of a sentence of a convicted person

modus operandi mood moron motion an application made in court for some

subsidiary purpose during the course of an action

MOTION A request asking a judge to issue a ruling or

order on a legal matter.

motion for a new trialrequest that trial judge declares a mistrial and orders a new trial

motive motorcyclist motorcycle rider!

mount (v.) (for a vehicle) to go up onto a pavement

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.

moveables all property other than heritage multiple sclerosis murder murmering (a judge)

N

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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

Narrative 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.

nearside closest to the edge of the road

necklace decorative chain worn around the neck

negligence failure in a duty to show care towards ones to whom such duty is owned

NEGLIGENCE A failure to use the degree of care that a reasonable person would use under the same circumstances.

Nemo dat quod non habet

On one can give a better title than he has

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

Nexus Connection nick Nisi Unless no case to answer submission Non compus mentis Not of sound mind and understanding Non constat It is not certain Non est factum It is not his deed Non sequitur An inconsistent statement, it does not follow

NON-EXEMPT PROPERTY

In a bankruptcy, the possessions of a person that can be sold.

not guilty

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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 A person(usually a solicitor)authorised to witness the signing of documents.

notebook NOTICE OF APPEAL 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.

Notice to quit A notice in statutory form given by either

party to a lease, indicating his or her intention to terminate a lease.

Novadamus 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.

novation the replacement, by agreement between the

parties involved, of one obligation by another

O

obediential of obligations, to be imposed by law obligant the debtor in an obligation (opp. creditor) off the record

offence offensive weapon OFFICERS OF A COMPANY

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

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offside furthest from the edge of the road on the ball onerous granted for value or consideration (opp.

gratuitous) Onus probandi Burden of proof oppression an offence which consists in using an office

or process of law to commit injustice

ornaments decorative articles, usually displayed in the

house

Orse Otherwise out cold out on licence outside lane the one on the right, the fast lane…

outwith outside of, beyond, without Overriding interests 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 a penalty panel (in solemn procedure) Par delictum Equal fault PARENS PATRIAE 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.

Pari passu On an equal footing PAROLE A system for the supervised release of

prisoners before their terms are over.

parole evidence oral evidence of witnesses (phrase originating from English Law)

PARTNERSHIP An association of two or more people who agree to share in the profits and losses of a business venture.

past record (for a suspect or defendant) previous history of offences

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PATENT 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.

penal action an action in which extraordinary damages by way of penalty are sought

penal institution PENSION PLAN An employer's pension scheme for providing

retirement income to eligible employees.

Per curiam In the opinion of the court Per minas By means of menaces or threats Per quod By reason of which PEREMPTORY CHALLENGES

Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason.

PERJURY 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.

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.

PETITION Document from the Crown Office laying out

basis of an indictment.

petition in summary procedure equivalent to an indictment

petition for bail PHYSICAL or de facto CUSTODY

In a divorce, one of two types of child custody. A parent who has physical custody lives most of the time with the child.

pilfer pimp

plaintiff plant plea 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.

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plea in bar of trial plea in mitigation

plea of guilty plead to argue a case in court pleading diet hearing in which the defendant’s plea is

made known to the court

PLEADINGS In a civil case, the allegations by each party of their claims and defences.

plea-in-law a short legal proposition at the end of a pleading showing exactly the relief sought and the reasons for that

poind to take a debtor's movables by way of

execution Police Constable / Offıcer police office poof porch small area at entrance to house separating

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

possessory action an action founded on possession and used

for holding or recovering possession

Post mortem After death POWER OF ATTORNEY The authority to act legally for another

person.

PRECEDENT A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction.

precious valuable

precognition investigations by the parties to determine what witnesses will say in court

Pre-emption 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.

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

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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

PRE-SENTENCING REPORT

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.

Presents In a deed "these presents" means the deed itself.

prestation performance of an obligation or a duty presumption of innocence prevalence PRIMA FACIE Latin for "at first view." It is said that the

pursuer must make a prima facie case.

Prima facie On the face of it Prima impressionis On first impression privative jurisdiction 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 For this occasion Pro indiviso 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.

Pro rata In proportion Pro tanto So far, to that extent Pro temporez For the time being PROBABLE CAUSE A reasonable belief that a person has

committed a crime.

PROBATE The legal process in which a court oversees the distribution of property left in a will.

PROBATION 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.

probation a mode of treatment of offenders offering an alternative to punishment

Probation Service probation with special conditions sentence

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

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 Of public right pull a fast one PUNITIVE DAMAGES 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.

pupil children up to 12 (girls) and 14 (boys) (n. pupillarity)

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pursuer the person suing in an action

Q

Quaeitur The question is raised Quaere Consider whether it is correct qualify to establish a title Quantum How much, an amount Quarter days Candlemas, Lammas, Martinmas and

Whitsunday. Also known as term days. QUASH To nullify, void or declare invalid.

quasi-delict actionable negligence queer QUID PRO QUO 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.

Quid pro quo Consideration. something for something

R

racial / sexual discrimination rank rape Re In the matter of real action an action founded on a right of property in

something, brought for recovering that thing

real burden an obligation laid upon lands, which must

enter the Register, in order to be effective

Real burden 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 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.

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REASONABLE CARE The level of care a typical person would use if faced with the same circumstances.

REASONABLE DOUBT The level of certainty a juror must have to find an accused guilty of a crime.

reassure receiver reckless driving

record of proceedings recrimination a counter-charge of adultery Reduction To set aside or annul, usually by an action of

reduction, a deed, contract, decree or award.

reefer RE-EXAMINATION Questioning one's own witness about

matters brought up during cross examination by the opposing party.

referral REFUGEE 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.

Regalia majora 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.

Regalia minora 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.

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'.

registration number unique number assigned to each motor

vehicle and displayed to front and rear

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Registration of Title 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.

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 Renunciation Similar to a surrender in English land law.

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.

reparation the making goof of a civil wrong, usually by

awarding damages repel of a court, to overrule a plea or an objection

reporter reporter (children’s panel) Res Matter, affair, thing, circumstance Res Gestae The thing done

page - 53 –

RES IPSA LOQUITUR 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.

Res nulis Nobody’s property RESIDUARY ESTATE Also known as residue of the estate. Portion

of the estate left after bequests of specific items of property are made.

resolute of a condition, to bring an obligation to an end if a specified event occurs

RETAINER 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.

retention the withholding by one party to a contract of due performance in order to compel the other party to due performance

REVOCABLE TRUST A trust created that can be changed.

rhythm RIGHT AGAINST SELF-INCRIMINATION

Allows a person to refuse to answer questions that would subject him or her to accusation of a criminal act.

RIGHT OF SURVIVORSHIP

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.

rights ringer rip off road sign sign indicating warnings, or how drivers

should behave

robbery roundabout junction facilitated by circle in middle

indicating priority from the left

RTA road traffic accident! (police-speak)

S

saloon car with separate luggage compartment at back luggage door does not enter main body of car

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schedule of previous convictions Sciens Knowingly scrubber Se defendendo In self defence search search for encumbrances 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

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.

Secus The legal position is different, it is otherwise

sentence decision of court, punishment alloted to

convicted person

sentence someone in absentia SEPARATION AGREEMENT

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

Sergeant SERVICE OF PROCESS/SUMMONS/WRIT

The act of notifying the other parties that an action has begun and informing them of the steps they should take in order to respond.

Servient tenement See dominant tenement. 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'.

SETTLEMENT The resolution or compromise by the parties

in a civil case.

SETTLEMENT AGREEMENT

In a civil case, the document that spells out the terms of an out-of-court compromise.

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shameless indecency shanks’ pony SHAREHOLDER An owner or investor in a company.

sheriff Sheriff Court …

shoplifter shutter sideburns signpost indicating directions to place/s

simultaneous SINGLE LIFE ANNUITY A form of pension plan payment in which the

retired person receives a monthly cheque from the time of retirement until death.

skid (v.) (of vehicle) to slide such that wheels travel sideways

SLANDER Defamatory (false and injurious) oral statements or gestures.

slanging slippery slidy!

small claims court smash (v.) to hit something with a big bad crash

Social Enquiry Report report of personal circumstances of a convicted person to determine suitability for certain types of sentence

social security Social Work (Scotland) Act, 1968 sodomy 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)

Solicitor General

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Solum 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.

spaced out speed (v.) to go faster than is allowed

speed limit the maximum speed allowed on any stretch of road

speeding spot check STANDARD OF CARE The degree of care a reasonable person

would take to prevent an injury to another.

STANDARD SECURITY 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.

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 Do not delete, let it stand stoned storm door strong outer door against the weather

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STRICT LIABILITY Liability even when there is no proof of negligence because legislation declares that liability or fault occurs when certain factual circumstances occur.

strike (v.) to hit

Sub modo Within limits Sub nomine Under the name of Sub silentio In silence SUBLET Renting from the main tenant.

Suggestio falsi The suggestion of something which is untrue

Sui generis Unique summary complaint an indictment in summary procedure

Summary diligence 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.

summary procedure SUMMATION The closing argument in a trial.

summing up review of evidence by both parties

SUMMONS 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.

Superintendant Superintendant’s Warning Superior; superiority The person from whom land is held in the

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

page - 58 –

supply Suppressio veri The suppression of the truth suspended sentence sentence laid but not enacted, its enactment

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

swag swerve to be forced to go violently away from

direction of travel

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 Such as it is tank tart tattoo telephone entry system 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

testament will TESTATOR The person who makes a will.

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

steal

thole the assize thorough search

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throw a case out of court timeous in due time TITLE Ownership of property.

TITLE SEARCH A review of the records at Meadowbank 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 The name used to identify a business.

TRADEMARK 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 low strip of concrete along middle of road dividing directions of travel

traffic island low island of concrete in middle of road

traffic lights the red, amber and green lights at some junctions

trial tribunal trust 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 Person or institution that oversees and

manages a trust.

turn Queen's or stae's evidence turnkey tutor the guardian of children in pupillarity

U

Uberrima fides Good faith

page - 60 –

Udal tenure 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.

ultronious spontaneous or voluntary umquhile former, late, formerly unconscious unaware of surroundings

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.

Uno flatu At the same moment, with one breath uterine of a sibling, to have the same mother but

different fathers 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 VALID CLAIM A grievance that can be resolved by legal

action.

valuables articles of value

vandalism 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.) same as swerve

Verbatim Word by word, exactly VERDICT The formal decision issued by a judge or jury

on the issues of fact that were presented at trial.

verdict ruling of the court vest to become the property of a person

page - 61 –

Vest, to 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.

VESTED RIGHT 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.

VICARIOUS LIABILITY 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.

Vice versa The other way around victim support schemes Vide See view an inspection of premises, the subject matter

of an action, sometimes allowed to jurors before a jury trial takes place

violence to person violence to property visibility clarity of vision as determined by weather

and other factors

vocabulary 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.

VOIDABLE MARRIAGE A valid arrangement or agreement that can be annulled if challenged, but otherwise remains legitimate.

VOIR DIRE A French phrase that means "to speak the truth." The process of interviewing prospective jurors. Pronounced "vwa dear."

Volens Willing

page - 62 –

VOLENTI NON FIT INJURIA

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.

voluntary attender

W

wad warn to notify of the termination of a service or

lease WARRANT 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.

WARRANTY A promise about a product made by either a manufacturer or a seller.

whisper white lines lines dividing lanes, carriageways, etc.

white-bonnet a person who bids at auction to enhance the price

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.

windscreen front window of vehicle

wing front sides of vehicle wing mirror side mirrors

WITNESS Person who comes to court and swears under oath to give truthful evidence.

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.

wrongous wrongful

Y

Yes- man yob

page - 63 –

zombie

page - 64 –

A coelo usque ad centrum, 1A non domino, 1Ab extra, 1Ab initio, 1Ab inito, 1absolute discharge, 1Absolute interests in land, 2absolvitor, 2ACCESS, 2Accessorius sequitur, 2accessory, 2accessory action, 2accessory obligation, 2accretion, 2accusation, 2accused, 2Acquiescence, 2acquittal, 3Act, 3Act of God, 3actings, 3Actio quanti minoris, 3action for payment, 3ACTUAL MALICE, 3Actus reus, 3Ad hoc, 3Ad infinitum, 3Ad perpetuam remanentiam, 4adhere, 4ADJOURNMENT, 4adjudication, 4adjust, 4adminicle, 4admissible, 4admission, 4admit, to, 4admonish, 4admonished, 4advise, 4advocate (v.), 4Advocate Depute, 4affidavit, 4affirmation, 4AGE OF MAJORITY, 4aggravated assault, 4aggravated offence), 5aggravation, 5agreed to be bound, 5alcotest, 5

Alibi, 5aliens registration, 5ALIMENT, 5Aliunde, 5Allegation, 5Allodial land, 5Alms, 5ALTERNATIVE DISPUTE

RESOLUTION, 5amend (v.), 5AMICUS CURIAE, 5, 6amnesty, 6annuity, 6ANNULMENT, 6answer, 6ANSWER/S, 6Ante, 6anti-crime, 6antique, 6apparent heir, 6APPEAL, 6appeal from licensing board, 6appellant, 6applicant, 7application, 7appoint, 7apprehend, 7arbiter, 7arbitrary punishment, 7ARBITRATION, 7arraignment, 7arrest, 7arrest warrant, 7arrestee, 7ARRESTMENT, 7arson, 7art and part, 7ARTICLES OF

INCORPORATION, 7as accords of law, 8ascendant, 8assailant, 8assault, 8assault and battery, 8Assignation, 8ASSIGNMENT, 8Assistant Chief Constable, 8assolzie (v.), 8ASYLUM SEEKER, 8

author, 8authority, 8aver, 8avizandum, 8back (up), 8BAD FAITH, 9badger a witness, 9BAIL, 9bail committal for further

examination, 9baize, 9balaclava, 9BANKRUPTCY, 9bar (the), 9baton, 9beat, 9BENCH TRIAL, 9BENEFICIARY, 9bent(copper), 9BEYOND A REASONABLE

DOUBT, 10beyond reasonable doubt, 10bleeding, 10Blench holding, 10BOARD OF DIRECTORS, 10body, 10bolt, 10Bona Fide, 10Bona vacantia, 10bond, 10bonnet, 10Books of Council and Session,

10boot, 10border warrant, 10bout, 10bracelets, 10brake (n.), 10brake (v.), 10breach of contract, 10breach of peace, 10breaking and entering, 10bumper, 11burden, 11BURDEN OF PROOF, 11burglar, 11burglar alarm, 11burst ‘em, 11BY-LAWS, 11

page - 65 –

cab, 11Cadit quaestio, 11call (of summons), 11camic, 11Candlemas, 11candlestick, 11CAPITAL GAIN, 12CAPITAL LOSS, 12career (v.), 12careless driving, 12carriageway, 12CASE LAW, 12casual homicide, 12catholic creditor, 12causing death by careless

driving while under the influence of alcohol, 12

caution, 12CAVEAT EMPTOR, 12CCTV, 12Certiorari, 12certiorate, 12Ceteris peribus, 12chambers, 13CHANGE OF VENUE, 13charge, 13charge bar, 13chib, 13Chief Constable, 13Chief Inspector, 13Chief Superintendant, 13CHILD ABUSE, 13CHILD NEGLECT, 13child support, 13Child Support Agency Appeal,

13Children’s Hearing, 13Children’s Panel, 13CHILDREN'S TRUST, 13CIRCUMSTANTIAL

EVIDENCE, 13citation, 13civil liability, 13clarification, 13CLASS ACTION CASE, 14clerk, 14clerk of the court, 14clip (v.), 14clutch, 14Code of Conduct, 14

Code of Practice, 14CODICIL, 14coerce a confession /

statement, 14COHABITATION

AGREEMENT, 14COLLATERAL, 14COLLECTIVE BARGAINING

AGREEMENT, 14collide (v.), 14collision, 14commixtion, 14COMMON LAW, 14common pathway, 14Common property, 15COMMON-LAW MARRIAGE,

15communicate, 15Community Service

Assessment, 15Community Service Order, 15community service report, 15COMPANY, 15company law, 15competence, 15COMPLAINT, 15CONCURRENT SENTENCES,

16condemn, 16Confirmation, 16CONFLICT OF INTEREST, 16Confusio, 16conjuct, 16consanguinean, 16consecutive, 16CONSECUTIVE

SENTENCES, 16Consensu, 16Consensus ad idem, 16CONSIDERATION, 16Consolidation, 17constitute, 17consumer law, 17CONTEMPT OF COURT, 17continue, 17Contra, 17Contra bonos mores, 17CONTRACT, 17CONTRIBUTORY

NEGLIGENCE, 17

conventional, 17COPYRIGHT, 17Coram non judice, 17Corpus, 17Corpus delicti, 17correctional institution, 17counsel advocate, 17counsel for the defence, 17counsel for the prosecution, 18counterfeit, 18Court of Session, 18CREDITOR, 18crime report, 18Criminal Injuries

Compensation Board, 18Criminal Justice Act (Scotland)

1980, 18Croft, 18CROSS EXAMINATION, 18cross-examination, 18crossroads, 18Crown Office, 18crown witness, 18culpable homicide, 19custody, 19custody search, 19Custos morum, 19cyclist, 19DAMAGES, 19De bonis asportatis, 19De die in diem, 19De facto, 19De futuro, 19De integro, 19De jure, 19De lege ferenda, 19De lege lata, 19De novo, 19de recenti (of a statement), 19deadlock, 19DEBTOR, 19deception, 19DECISION, 19declare a mistrial, 19Declatory sentence /

judgement, 19deed, 19, 20Deed of Conditions, 20DEFAMATION, 20DEFAULT, 20

page - 66 –

DEFAULT JUDGMENT, 20defence agent, 20defence witness, 20defender, 20deferred sentence, 20delict, 20delivery driver, 20delivery hatch, 20DEPOSITION, 20Deputy Chief Constable, 20desert (the diet) pro loco et

tempore, 20desert simpliciter, 20desist, 20Destination, 21detention, 21diet, 21dike, 21diligence, 21dipped, 21DIRECT EVIDENCE, 21DIRECT EXAMINATION, 21direct the jury, 21DIRECTED VERDICT, 21DISBURSEMENTS, 21dishonesty, 21dispone, 21DISPOSITION, 21, 22dispositive motion, 22disqualification, 22disregard a testimony, 22District Court, 22divorce, 22DNA, 22Docquet, 22Doli incapax, 22domestic dispute, 22domestic violence, 22Dominant tenement, 22Dominium, 22Dominium directum, 22Dominium utile, 22door viewer, 22doorchain, 22driving while uninsured, 22driving without MOT, 22drowsiness, 22Drug Treatment and Testing

Order, 23dubbed up, 23

Dubitante, 23DUE PROCESS, 23duty officer, 23duty solicitor, 23DUTY TO WARN, 23Effeirs, 23Ei incumbit probatio qui, 23elide, 23embezzle, 23employment appeal, 23empty handed, 23endorsement, 23equipollent, 23ESTATE, 23estate car, 23Et cetera, 23eviction order, 23evidence, 23, 24EVIDENCE-IN-CHIEF, 24Ex adverso, 24Ex cathedra, 24Ex concessis, 24Ex facie, 24Ex gratia, 24EX PARTE, 24Ex post facto, 24Excambion, 24excess alcohol, 24EXECUTOR, 24executor-dative, 24executor-nominate, 24executry, 24EXEMPT PROPERTY, 24exoner, 24expenses, 24EXPERT WITNESS, 25EXPRESS WARRANTY, 25extent, 25Extract, 25eyeballed, 25eye-witness, 25Faciendum, 25facility and circumvention, 25Factum, 25FAIR USE, 25fallguy, 25fast lane, 25fatal, 25

fatal accident and sudden death inquiry (report to fiscal), 25

Fee, 26Female and Child Unit, 26fence, 26Feu, 26Feuar, 26Feudal burden, 26Feudal system, 27Feuduty, 27Fiar, 27fiddle, 27FIDUCIARY DUTY, 28file a motion, 28fine, 28fingerprinting, 28fingerprints, 28first diet, 28fiscal fine, 28FIXTURES and FITTINGS, 28flasher, 28Floating charge, 28fluent, 28fly-by-night, 28FORECLOSURE, 28foreman, 28foreman of the jury, 28forensic evidence, 28FORESEEABILITY, 28fork (in the road), 29fracture, 29frame-up, 29FRANCHISE, 29fraud, 29Fructus naturales, 29full committal, 29furth of, 29fuzz, 29gaffer, 29gears, 29get wind of, 29gift of the gab, 29gild the lily, 29give testimony under oath, 29glancing blow, 29glib, 29GOOD FAITH, 29goolies, 29GRANTOR, 29

page - 67 –

Grassum, 29gratuitous, 29Ground annual, 30GROUNDS FOR DIVORCE,

30grounds of referral, 30GUARDIAN, 30GUARDIAN AD LITEM, 30guilty, 30guilty with deletion, 30HABEAS CORPUS, 30habile, 30habit and repute, 30hamesucken, 30handle with kid gloves, 30hassle, 30hatchback, 30hatchet man, 30haver, 30headlight, 30head-on crash, 30HEARSAY, 31HEIRS, 31Heritable property (also

heritage), 31High Court, 31High Court Judge, 31hinge bolt, 31holograph, 31homologate, 31honking, 31housebreaker, 31housebreaking, 31Hypothec, 32Id est (i.e), 32ID parade, 32Idem, 32ill-gotten, 32IMMIGRANT VISA, 32immigration, 32IMMUNITY, 32impediment, 32IMPLIED WARRANTY, 32IMPLIED WARRANTY OF

FITNESS FOR A PARTICULAR PURPOSE, 32

IMPLIED WARRANTY OF HABITABILITY, 32

IMPLIED WARRANTY OF MERCHANTABILITY, 32

imprisonment, 32IN CAMERA, 32, 33in camera (of court

proceedings), 33in causa, 33In delicto, 33In esse, 33In extenso, 33in flagrante delicto, 33In futoro, 33In limine, 33In loco parentis, 33In omnibus, 33In pleno, 33In situ, 33In terrorem, 33incendiary letter, 33incipient, 33Incorporeal moveable

property, 33indecency charges, 33indecent assault, 33indicator, 33Indicia, 33INDICTMENT, 33industrial dispute, 33industrial tribunal, 33Infeft, 33infer, 33INFRINGEMENT, 33injury, 34Inland Revenue

Commissioner, 34inside lane, 34insolvency, 34Inspector, 34Inter alia, 34INTERDICT, 34interim interdict, 34Interium, 34interlocutor, 34intermeddle, 34intermediate diet, 34interpreter, 34interrogatories, 34interruption, 34interview, taped, 34INTESTATE, 34

Ipsissima verba, 34Ipso facto, 34IRREVOCABLE TRUST, 34Irritancy, 35jaywalker, 35jemmy, 35jewellery, 35joint, 35joint adventure, 35JOINT AND SURVIVOR

ANNUITY, 35JOINT CUSTODY, 35joint minute of agreement, 35joint obligation, 35JOINT PROPERTY, 36JUDGEMENT, 36judicial examination, 36judicial review, 36junction, 36JURISDICTION, 36JURY CHARGE, 36jury service, 36Jus, 36Jus naturale, 36Jus quaesitum tertio, 36JUST CAUSE, 36justifiable homicide, 36juvenile, 36keep left sign, 37Keeper of the Registers of

Scotland, 37Kings/Queens counsel, 37kisser, 37knackered, 37knocked off, 37Lammas, 37Land Register of Scotland, 37landlord and tenant

(repossession), 37Lands Tribunal for Scotland,

37lane, 37law agent, 37lead evidence/proof, 37leading question, 37Lease / licence, 38legal (n.), 38Legal Aid, 38legal binding effect, 38LEGAL CUSTODY, 38

page - 68 –

legal executive, 38Legal rights, 38lewd, 38lewd and libidinous acts, 38LIABILITY, 38liaison, 38libel, 38licensing board, 38lien, 38, 39liferent, 39light, 39LIMITED LIABILITY

COMPANY, 39liquid, 39LIQUID DAMAGES, 39litiscontestation, 39LIVING TRUST, 39LIVING-TOGETHER

CONTRACT, 39lock up, 39Locus in quo, 39lodge, 40lodge an appeal, 40loose, 40Lord Advocate, 40lost and found property, 40loudspeaker, 40lout, 40Lyon King of Arms, Lord, 40magistrate, 40Magnum opus, 40mainline, 40MAINTENANCE, 40major, 40Mala fides, 40malicious mischief, 40mandate, 40mandatory detention, 40MANDATORY SENTENCE, 40manslaughter (involuntary), 40MARRIAGE BY HABIT AND

REPUTE, 41marriage-contract, 41Martinmas, 41MEDIATION, 41Mens rea, 41mental health hearings, 41mentally ill persons, 41mid-impediment, 41MINOR, 41

minute, 41Minute of Consolidation, 41Minute of Waiver, 42misdemeanour, 42miserable, 42missing persons, 42MISSIVES, 42MITIGATING FACTORS, 42mitigation, 42modus operandi, 43mood, 43moron, 43motion, 43motion for a new trial, 43motive, 43motorcyclist, 43mount (v.), 43mouthpiece, 43move for bail, 43Moveable property, 43moveables, 43multiple sclerosis, 43murder, 43murmering (a judge), 43nab, 43nark, 43narrative, 43nearside, 43necklace, 43negligence, 43Nemo dat quod non habet, 43neutrality, 44new trial, 44Nexus, 44nick, 44Nisi, 44no case to answer submission,

44Non compus mentis, 44Non constat, 44Non est factum, 44Non sequitur, 44NON-EXEMPT PROPERTY,

44not guilty, 44NOT PROVEN, 44NOTARY PUBLIC, 44notebook, 44NOTICE OF APPEAL, 44notice of penalty, 44

Notice of title, 44Notice to quit, 45Novadamus, 45novation, 45obediential, 45obligant, 45off the record, 45offence, 45offensive weapon, 45OFFICERS OF A COMPANY,

45offside, 45on the ball, 45onerous, 45Onus probandi, 45oppression, 45ornaments, 45Orse, 45out cold, 45out on licence, 45outside lane, 45outwith, 45Overriding interests, 45PACTA ILLICITA, 46pains of law, 46panel (in solemn procedure),

46Par delictum, 46PARENS PATRIAE, 46Pari passu, 46PAROLE, 46parole evidence, 46PARTNERSHIP, 46past record, 46PATENT, 46penal action, 46penal institution, 46PENSION PLAN, 46Per curiam, 46Per minas, 46Per quod, 46PEREMPTORY

CHALLENGES, 46PERJURY, 47PERSONAL PROPERTY, 47Personal right, 47PETITION, 47petition for bail, 47PHYSICAL or de facto

CUSTODY, 47

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pilfer, 47pimp, 47plaintiff, 47plant, 47plea, 47PLEA BARGAIN, 47plea in bar of trial, 47plea in mitigation, 47plea of guilty, 47plead, 47pleading diet, 47PLEADINGS, 47plea-in-law, 47poind, 47Police Constable / Offıcer, 47police office, 48poof, 48porch, 48porridge, 48possession, 48possessory action, 48Post mortem, 48POWER OF ATTORNEY, 48PRECEDENT, 48precious, 48precognition, 48Pre-emption, 48PRELIMINARY HEARING, 48premeditated murder, 48PRE-NUPTIAL AGREEMENT;,

48Prescription, 49pre-sentence report, 49PRE-SENTENCING REPORT,

49Presents, 49prestation, 49presumption of innocence, 49prevalence, 49PRIMA FACIE, 49Prima impressionis, 49privative jurisdiction, 49PRIVILEGED

COMMUNICATION, 49privy to knowledge, 49Pro hac vice, 49Pro indiviso, 50Pro rata, 50Pro tanto, 50Pro tempore, 50

PROBABLE CAUSE, 50PROBATE, 50PROBATION, 50Probation Service, 50probation with special

conditions sentence, 50Probative, 51procurator fiscal, 51procurator fiscal depute, 51production, 51proficiency, 51PROMISSORY NOTE, 51prompt, 51prosecution (Crown), 51prosecution witness, 51PROSECUTOR, 51psychiatric report, 51public interest, 51Publici juris, 51pull a fast one, 51PUNITIVE DAMAGES, 52pupil, 52pursuer, 52Quaeitur, 52Quaere, 52qualify, 52Quantum, 52Quarter days, 52QUASH, 52quasi-delict, 52queer, 52QUID PRO QUO, 52racial / sexual discrimination,

52rank, 52rape, 52Re, 52real action, 52real burden, 52, 53REAL PROPERTY, 53REASONABLE CARE, 53REASONABLE DOUBT, 53reassure, 53receiver, 53reckless driving, 53record of proceedings, 53recrimination, 53Reduction, 53reefer, 53RE-EXAMINATION, 53

referral, 53REFUGEE, 53Regalia majora, 53Regalia minora, 54Register of Sasines, 54registration number, 54Registration of Title, 54release for report, 54release on bail, 54released on parole, 54remand, 54remanded in custody, 54remittal, 54Rent Assessment Panel, 54Renunciation, 55reparation, 55repel, 55reporter, 55reporter (children’s panel), 55Res, 55Res Gestae, 55RES IPSA LOQUITUR, 55Res nulis, 55RESIDUARY ESTATE, 55resolute, 55RETAINER, 55retention, 56REVOCABLE TRUST, 56rhythm, 56RIGHT AGAINST SELF-

INCRIMINATION, 56RIGHT OF SURVIVORSHIP,

56rights, 56ringer, 56rip off, 56road sign, 56robbery, 56roundabout, 56RTA, 56saloon, 56schedule of previous

convictions, 56Sciens, 56scrubber, 56Se defendendo, 56search, 56search for encumbrances, 56search warrant, 56Section, 56

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Section II, 57SECURITY AGREEMENT, 57Secus, 57sentence, 57sentence someone in

absentia, 57SEPARATION AGREEMENT,

57Sergeant, 57SERVICE OF

PROCESS/SUMMONS/WRIT, 57

Servient tenement, 57Servitude, 57SETTLEMENT, 57SETTLEMENT AGREEMENT,

57shameless indecency, 57shanks’ pony, 57SHAREHOLDER, 57sheriff, 57Sheriff Court, 57shoplifter, 57shutter, 57sideburns, 57signpost, 58simultaneous, 58SINGLE LIFE ANNUITY, 58skid (v.), 58SLANDER, 58slanging, 58slippery, 58small claims court, 58smash (v.), 58Social Enquiry Report, 58social security, 58Social Work (Scotland) Act,

1968, 58sodomy, 58SOLE PROPRIETORSHIP, 58solemn procedure, 58solicitor, 58Solicitor General, 58Solum, 59spaced out, 59speed (v.), 59speed limit, 59speeding, 59spot check, 59STANDARD OF CARE, 59

STANDARD SECURITY, 59STARE DECISIS, 59statue of limitations, 59Statutory Law, 59Stet, 59stoned, 59storm door, 59STRICT LIABILITY, 60strike (v.), 60Sub modo, 60Sub nomine, 60Sub silentio, 60SUBLET, 60Suggestio falsi, 60Sui generis, 60summary complaint, 60Summary diligence, 60summary procedure, 60SUMMATION, 60summing up, 60SUMMONS, 60Superintendant, 60Superintendant’s Warning, 60Superior; superiority, 60Supervised Attendance Order,

61supervision of prisoners, 61supply, 61Suppressio veri, 61suspended sentence, 61suspentive condition, 61swag, 61swerve, 61Tacit relocation, 61tact, 61take someone in preventative

custody, 61taking of samples, 61Talis qualis, 61tank, 61tart, 61tattoo, 61telephone entry system, 61temporary custody, 61tender, 61testament, 61TESTATOR, 61Testing-clause, 61the bench, 61the Bill, 62

theft, 62Theft by Housebreaking, 62thole the assize, 62thorough search, 62throw a case out of court, 62timeous, 62TITLE, 62TITLE SEARCH, 62tope, 62torch, 62totting up, 62tout, 62TRADE NAME, 62TRADEMARK, 62traffic divider, 62traffic island, 62traffic lights, 62trial, 62tribunal, 62trust, 62trustee, 63turn Queen's or stae's

evidence, 63turnkey, 63tutor, 63Uberrima fides, 63Udal tenure, 63ultronious, 63umquhile, 63unconscious, 63undercover, 63undertaking, 63unfair dismissal, 63Uno flatu, 63uterine, 63uttering, 63Vacant possession, 63vacate a court judgement, 63vaccine damage, 63vagrant, 63VALID CLAIM, 63valuables, 63vandalism, 63Vassal, 64VDU, 64veer (v.), 64Verbatim, 64VERDICT, 64vest, 64Vest, to, 64

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VESTED RIGHT, 64VICARIOUS LIABILITY, 64Vice versa, 64victim support schemes, 64Vide, 64view, 64violence to person, 64violence to property, 64visibility, 64vocabulary, 64VOID, 65VOIDABLE MARRIAGE, 65VOIR DIRE, 65

Volens, 65VOLENTI NON FIT INJURIA,

65voluntary attender, 65wad, 65warn, 65WARRANT, 65WARRANTY, 65whisper, 65white lines, 65white-bonnet, 65Whitsunday, 66windscreen, 66

wing, 66wing mirror, 66WITNESS, 66witness citation, 66witness statements, 66writ, 66WRONGFUL DISMISSAL, 66wrongous, 66Yes- man, 66yob, 66zombie, 66