The legal right to collect wrecks and seaweed, often in the lists of rights in the Tenendas clause of the charters. Wreck also used in conjunction with Wath. In the Middle Ages, most documents were written in Latin and over time until the sixteenth century and beyond, the use of Latin words persisted until their use gradually declined. Latin is also used for legal terms and for common words and phrases, for example, summa appears for the total in inventories. For all terms not included here, see Dictionary of the Scots Language brevitatis causa for brevity: a sentence containing by reference the terms of another document, usually in writing. A document having the force of law, usually as a witness, signed or sealed, an act, a formal written document. Incapax (adj.) not capable; legally incapacitated, mental or physical; n.) a person who is incapax. Sc. law. An injunction suspending the legal proceedings.

Brocard is a legal maxim derived from Roman law or ancient custom and considered part of the common law. participation of a tenant on his owner`s farm or landowners in Parliament; the obligation to be present. Also the action of a person in court; Legal actions, litigation. Nullity Non-existent or without legal value with regard to null and void acts or writings: also applies to a marriage/civil partnership affected by an inherent deficiency, such as the existence of a previous marriage/civil partnership or a relationship to a prohibited degree. Bairns` share is the portion of a deceased person`s movable property (cash, insurance, etc.) to which his or her children are legally entitled despite the terms of a will. See legitimate. A legally valid contract in which movable property is entrusted to a third party. Law Society of Scotland, Glossary of Scottish and European Union legal terms and Latin phrases (2nd edition) (Edinburgh) 2003 inter vivos between living persons: describes the legal documents or acts that are to take effect during the grantor`s lifetime. Compare mortis causa. Sc. law. as legally invalid; declare or affirm (the term for the production of evidence) the statute of limitations.

The legal right to donation, especially in case of failure of the inheritance, or forfeiture of wards/marriages. A person appointed by the court to administer the estate of a minor in place of his or her legal guardian or to administer the estate of an adult suffering from a mental or, rarely, physical infirmity. Sc. law. A document confirming that the party receiving or holding the title is doing so in trust for a specific purpose and is accountable to the beneficiary when the purpose is achieved. Also a document attaching a qualification or condition to the conditions of a transfer or other instrument. The condition of being below the legal, minority, non-age age. Defence Defence of the lawyer who is the party against whom a civil action is brought. The plural probably means that the defense attorney can rely on more legal answers than one. the use of remedies against a person, in particular for the enforcement of a payment or the recovery of a debt. Sc. law.

The investment of a new owner with a real right or legal ownership of the land or inheritance; Document specifying the violation. A document that establishes a legal claim or title for anything; evidence or evidence. Missive of sales contract, which defines the conditions of sale. Sc. law. The public treasury, the Crown in terms of revenue, in particular legal sanctions and, in particular, confiscation of rebellious movable property. Taxation Applied to legal fees, including attorneys` fees, incurred in connection with legal proceedings or otherwise means auditing the account by the auditor to exclude or alter items that are unjustifiably included or overcharged. The word could be legalese, for example anent regarding meaning, on the subject of. Check out our glossary of legal terminology. Stephen O`Rourke is also recommended, “Glossary of Scottish Legal Terms”, Edinburgh, 4th edition, 2004.

Judicial attachment or judicial transfer of the debtor`s assets as security and payment to the creditor. Advocate General A Secretary of State to the Government of the United Kingdom and Senior Legal Adviser to the Government of the United Kingdom on Scots Law. Is it a Latin word? In the Middle Ages, most documents were written in Latin, meaning that over time up to the 1500s and beyond, there are relics of the use of Latin that diminish over the centuries. Latin is used as legalese, but also for common expressions such as dates – septimo julii 1589, 7. July 1589; commencement of a judicial hearing, usually beginning with Curiae Justiciarae; List of attendees – Sederunt; Specification of totals – sum and so on. Apologies, especially those presented as a legal defence; a pretext or a representation. Her Majesty`s Stationery Office, “The legal system of Scotland” (Edinburgh) 1975 Executor The legal representative of a deceased person whose task is to administer the estate of the deceased and enforce the terms of a will. Constraint (also: disability, etc.) Resist firearms messengers, customs officers, police officers or other officials in the performance of their lawful duties. Below is a list of Scottish legal terms and defamation you are likely to encounter when using National Records of Scotland (NRS) court records. The list is not exhaustive, but is intended to contain the most common terms.

It is offered as a research aid and does not claim to be a legal encyclopedia. Stephen R. O`Rourke, “Glossary of legal terms” (4th edition) (Edinburgh) 2004 Legal force A question that is decided by a competent judicial procedure and can no longer be asked. A person, usually an accountant or lawyer, is entitled under the Insolvency Act 1986 to act as liquidator or supervisor in respect of a company or as a trustee or supervisor in respect of an individual. Sc. law. to bear the movable property of another person without a legal order or against his will; Steal, loot, plunder, devastate. Hence “process of spuilzie”, an action for the return of these goods. Seizure or arrest by a legal authority, often of debts or property in place by a third party. In legal use, coupled with staple as a symbol of possession in the process of giving Sasine. Sc. law.

Defective, defective, illegal. In the expression “theft” or “possession”, the unjustified interference with the movable succession of a deceased without legal title, which may engage the liability of all debts of the testator. Curator ad litem A person appointed by the court to represent the interests of a party to the proceedings who has a mental disability but does not have a guardian. With the legal possession to invest a person with hereditary property. J. A. Beaton, “Scots law terms and expressions” (Edinburgh) 1982 Maintenance claimed by another to whom they are legally entitled. Sc. law. Spoiler, degrade, manipulate (any part of a document), especially a formal or legal document, in any way. Nobile officium The noble office or duty of the Court of Session; equitable jurisdiction, on the basis of which the court may, within certain limits, mitigate the severity of the common law and provide for a remedy in the absence of such a remedy.

Is it a legal term? The word could be legalese. If you read the text of official documents such as contracts, bonds, wills, sasines or other public records, the document is likely to follow a certain pattern – this is called diplomatic. Standard phrases are used in a specific order to comply with the legal obligations for which the document was created. This can be useful when trying to identify a word, as it shortens the list of possible words to choose from. There are a number of books dealing with Scottish legal terms or diplomatic terms. There is a list of books that will help with legalese in the bibliography. Sc. law.

Dealing with funds or property, especially of another living or deceased person, with or without legal authority. Solicitor, Lord The chief Scottish judicial officer responsible for prosecuting crimes and investigating deaths in Scotland and the Scottish Government`s chief legal adviser Binding by legal or moral obligation, often in the expression “astricted multures”. a court order confirming the appointment of a permanent trustee within the meaning of the Bankruptcy Act 1985 (Scotland). Sc. law. The execution of a summons by a law enforcement officer. Also a certificate under the hand of the messenger or another officer that he gave the summons in the terms of his arrest warrant for this. The income for the first half of a profit, to which the executors of ministers` wills are legally entitled, exceeds what the minister himself was entitled to for his mandate. In the plural “annates” also the income of the first year of an episcopal see, which was formerly paid to the pope.

Discussion An intermediate stage of the procedure in which legal issues are examined and which may lead to the conclusion of civil proceedings before evidence is produced. Jury A group of laymen selected to decide questions of fact in court proceedings. Legitimate legal share (half or one-third, as the case may be) of a parent`s freely movable property to which the children are entitled in the event of death. Intimidation and rioting Is part of a mob that behaves illegally and criminally. The crime is to unite to disturb liars (public) for an illegal purpose or to achieve a legal goal with illegal means, such as violence or intimidation. It is the common purpose that distinguishes it from the breach of peace. This is a legal reduction; which, in particular, “reduces” or nullifies an act or measure that restores a confiscated person. Sc. law.