Glossary Flashcards
A FORTIORI
By reason of being the stronger case. Form of argument.
AB INITIO
From the beginning.
ABSOLVITOR
A type of decree in which the defender’s case is upheld.
AC
“Appeal Cases”. A series of law reports if cases in the UK Supreme Court, and before that, in the House of Lords.
ACTS OF SEDERUNT
Orders of the Court of Session regulating court procedures.
ACTS OF ADJOURNAL
Orders of the High Court of Justiciary regulating court procedures.
AD FACTUM PRAESTANDUM
Another name for a decree of Specific Implement.
ADJUST
In a civil action, there is an initial “adjustment” period when the parties can make changes in their written pleadings - the “record is open”. After this period the “record is closed” and any changes will be by “amendment”.
ADVOCATE
(i) Member of the Faculty of Advocates, specialising in Court of Session and High Court work. Similar to an English barrister. (ii) A lawyer who undertakes court cases.
ADVOCATE GENERAL
(i) The Advocate General for Scotland is a UK Government Minister, advising UK Government on Scottish legal matters and representing UK Government in Scottish litigation. Not to be confused with the Lord Advocate. (ii) The Advocates General who advise the Court of Justice of the European Union.
AFFIDAVIT
A statement sworn as true, not in court but before a notary public. Can be used as legal evidence in some types of cases.
AGENT/AGENCY
Another word for a mandate - Authorisation by X for Y to enter into a juridical act (e.g. a contract) on X’s behalf.
ALL ER
“All England” - a series of law reports (mainly English).
AMEND
(i) Where legislation changes the text of other legislation, without however repealing it, the earlier text is said to be amended.
APPELLANT
Person appealing to higher court from the decision of a lower court.
APS
Act of the Parliament of Scotland (until 1707).
ARBITRATION
Where two parties agree to resolve a dispute, not by litigation, but by referring the matter to the decision of a third person, an arbitrator.
ASP
Act of the Scottish Parliament (from 1999).
ASSOILZIE
(Silent Z) To pronounce a decree of absolvitor in favour of the defender.
ATTORNEY
(i) US term for a lawyer. (ii) A “power of attorney” is a document authorising one person to act for another (a type of mandate).
ATTORNEY GENERAL
Minister who advises Government on matters of English law, and public international law, and represents Crown in English litigation.
AUDIENCE
If a lawyer has a “right of audience” in court, that means they can appear for their client. Advocates and solicitor-advocates have the right of audience in all courts. Solicitors only have this right in lower courts.
AUDI ALTERAM PARTEM
Latin for: “To hear the other party”. One of the “rules of natural justice” being that the other party has a right to be heard.
AVER
To claim the truth of certain facts - averment.