Courts and Rules of Procedure Flashcards
1
Q
Declarator
A
Lawful or not
2
Q
Action for Payment
A
Enforce payment
3
Q
A
4
Q
Action for Interdict
A
Stop something
5
Q
Action for Division and Sale
A
Force sale of house and divide proceeds
6
Q
Four types of Procedure
A
Ordinary / Summary / Small Claims / Simple Procedure
7
Q
Court for Personal Injury & Location
A
All Scotland Sheriff Personal Injury Court / Edinburgh
8
Q
Key rule for Jurisdiction
A
Person sued in place where they are domiciled
8
Q
Minimum Value CoS
A
£100,000
9
Q
Jurisdiction rule - contract
A
where performance of obligation
10
Q
Jurisdiction rule - delict
A
where harmful event occurred
11
Q
Jurisdiction rule - executor
A
CoS / sheriffdom in which confirmation obtained
12
Q
Jurisdiction - company
A
where company has its seat
13
Q
Terminology for starting action in Sheriff
A
Initial Writ
14
Q
A
