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[edit] The list

Article name: List of Scots law legal terms


Contents Top · 0–9 · A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Eras in Scots Law
Pre-847
847-c.1124
c.1124-1424
1424-1707
1707-1801
1801-1999
1999-present

Lead-in Paragraphs






















Definitions are from the primary references [1] [2] [3] unless otherwise noted.

[edit] Scots law legal phrases


Contents Top · 0–9 · A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

[edit] A

[edit] Aliment

The maintenance or support claimed from another, to which they are legally entitled by law. Alimentary funds are intended for the mere support of the recipient, and are not attachable by creditors.

[edit] Arbitration

[edit] B

[edit] Blanch fee

[edit] C

[edit] Chalking the door

[edit] Commodate

[edit] Curtesy

[edit] D

[edit] Delict

The responsibility to make reparation caused by breach of a duty of care. See Delict (Scots law). The equivalent in English law is called tort law.

[edit] Diligence

[edit] E

[edit] Escheat

[edit] Excambion

The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".

[edit] F

[edit] Fail and divot

Servitude giving the right to cut turf for building, thatching or fuel, frequently in lists of rights in the tenendas clause of charters.

[edit] Fee

[edit] Fee tail

[edit] Feu

The tenure of land in perpetuity in return for a continuing annual payment of a fixed sum of money to the owner of the land; a tract of land held in fee.

[edit] Fiar

The ultimate and absolute possessor of a property as distinguished from a life-renter of it; one who has the reversion of property.

[edit] fisk

The public treasury, the crown in regard to its revenues, especially from legal penalties and specifically that of forfeiture of the movable estate of rebels.

[edit] Freehold

[edit] G

[edit] H

[edit] Heritable jurisdictions

[edit] Heritable property

[edit] Heritor

[edit] Horning

[edit] Hotch-pot

[edit] I

[edit] Infeft

To invest with legal possession a person with heritable property.

[edit] Infeftment

The investing of a new owner with a real right in or legal possession of land or heritage; a document specifying the infeftment.

[edit] Inheritance

[edit] Immovable property

[edit] J

[edit] Jedge and warrant

An order issued by a dean of guild, giving authority to repair or rebuild a ruinous house and to constitute the expense as a real burden on the property.

[edit] K

[edit] L

[edit] Lawburrows

The legal security given by one person that he will keep the peace towards another who can show reason for apprehending violence or mischief at his hands. ‘Letters of lawburrows’, the warrant issued to the complainer by a court charging the person complained against to give security.

[edit] Leasehold estate

[edit] Letters of horning

Letters in the sovereign’s name charging the persons named in them to make the payment or performance ordered under the penalty of being put to the horn for disobedience. See also horning.

[edit] Life-rent

[edit] M

[edit] Movable property

[edit] Murder under trust

[edit] N

[edit] O

[edit] P

[edit] ploughgate

A measure of land, generally equivalent to around 104 acres or approximately 42 hectares.

Also called ploughland.

[edit] Poinding

[edit] Precept

A document instructing or conferring authority to take certain action; a warrant “granted by a judge or other person having power in the circumstances”; to give possession of something or confer a privilege.
Phrases: "precept of clare constat", "precept of sasine", "precept of warning".

Precept of Sasine: The giving of Infeftment of Lands redeemable or irredeemable is by Delivery of Earth and Stone of the Ground of the said Lands by the Proprietor, or his Commissioner as Baillie in that Part, to the Acquirer, or his Attorney, having and holding in his Hands, the Writs or Precepts, before Two Witnesses at least.

[edit] Q

[edit] R

[edit] reddendo

The duty, either in money, kind or service, to be paid by a vassal to a superior as set forth in a feu-charter.

[edit] S

[edit] Stent

[edit] Sasine

The act or procedure of giving possession of feudal property, by the symbolical delivery of earth and stones or similar appropriate objects on the property itself.

[edit] T

[edit] Tailzie

[edit] Teind

The tenth part of the produce of land or industry set apart by the state for the support of religion, a tithe.

(THIS ALREADY EXISTS IN WIKIPEDIA)

[edit] Tenant-in-chief

[edit] Tenendas

The clause in a feudal charter which expresses the way and manner in which lands are to be held of a superior.

AND SEE ALL THE TERMS USED IN CONJUNCTION WITH IT

[edit] Thirl

Astriction or thirlage to a mill, the obligation imposed on tenants of having the grain from their lands ground at a particular mill.

[edit] U

[edit] V

[edit] W

[edit] X

[edit] Y

[edit] Z

[edit] Scots law latin phrases

Contents Top · 0–9 · A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

[edit] A

[edit] ad vitam aut culpam

"for life or until fault"

[edit] B

[edit] bona vacantia

"vacant goods"
United Kingdom legal term for ownerless property that passes to The Crown.

[edit] C

[edit] D

[edit] dominum directum

[edit] E

[edit] F

[edit] furca et fossa

"pit and gallows"
Frequently in lists of rights in the tenendas clause of charters.

[edit] G

[edit] H

[edit] I

[edit] inter regalia

[edit] J

[edit] jus relictae

[edit] K

[edit] L

[edit] legitim

[edit] lese-majesty

The crime of treason.

[edit] M

[edit] N

[edit] O

[edit] P

[edit] Q

[edit] R

[edit] S

[edit] salvo jure cujuslibet

"saving the right of anyone"
Saving or reserving the right of all others. This is frequently found in charters of confirmation, and its effect is to reserve to the superior and all others whomsoever, their rights in or concerning the lands confirmed, in so far as those rights might otherwise be prejudiced by the confirmation.

[edit] sederunt

The list of names of those present at a meeting of a deliberative body.

[edit] T

[edit] U

[edit] ultimus haeres

[edit] V

[edit] W

[edit] X

[edit] Y

[edit] Z

[edit] B

NUMBER 1 - excambion
The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".
NUMBER 2 - excambion
       The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".
NUMBER 3 - excambion this is a line of text
       The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".

excambion
      The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".

excambion

      The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".

excambion

      The exchange of land. The deed whereby this is effected is termed "Contract of Excambion".




[edit] See also

Scots law

[edit] References

  1. ^ Barclay, Hugh (1855). A Digest of the Law of Scotland (Second Edition). Edinburgh: T. & T. Clark. 
  2. ^ Shumaker, Walter A.; George Foster Longsdorf (1922). The Cyclopedic Law Dictionary, Second Edition by James C. Cahill, Chicago: Callaghan and Company. 
  3. ^ Scottish Language Dictionaries. Retrieved on March 6, 2008.


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