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1 Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner
Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner, MacRoberts Many recent reported adjudication decisions have come from the Scottish Courts. Therefore, as part of the case notes update, we have included a brief explanation of some of the Scottish Court procedures. There are noted below certain legal terms used in Scottish Court Procedure with a brief explanation of them. This is done in an attempt to give some readers a better understanding of some of the terms used in the Scottish cases highlighted on this web-site. 1. Action: Legal proceedings before a Court in Scotland initiated by Initial Writ or Summons. 2. Adjustment (of Pleadings): The process by which a party changes its written pleadings during the period allowed by the Court for adjustment. 3. Amendment (of Pleadings): The process by which a party changes its written pleadings after the period for adjustment has expired. Amendment requires leave of the Court. 4. Appeal to Sheriff Principal: In certain circumstances an appeal may be taken from a decision of a Sheriff to the Sheriff Principal. In some cases leave of the Sheriff is required. 5. Appeal to Court of Session: In certain circumstances an appeal may be taken from a decision of a Sheriff directly to the Court of Session or from a decision of the Sheriff Principal to the Court of Session. Such an appeal may require leave of the Sheriff or Sheriff Principal who pronounced the decision. Such an appeal will be heard by the Inner House of the Court of Session. 6. Arrestment: The process of diligence under which a Pursuer (or Defender in a counterclaim) can obtain security for a claim by freezing moveable (personal) property of the debtor in the hands of third parties e.g. -
Remember Those from Whom You Came Newsletter of the Clan Macalpine Society
Remember Those From Whom You Came Newsletter Of The Clan MacAlpine Society The Worldwide Organization For MacAlpines 1st Quarter 2020 ~ Volume 47 Commander’s News The Central Florida Games were well attended and well run as we have seen in the past. It is gratifying to see the amount of young people that are engaged and are learning about their heritage. Society President Dale McAlpine and I had the opportunity to attend the Burns Dinner in Woodville, Ontario, Canada. It was a lovely time, and very good to spend time with this group of very active Canadian Clan MacAlpine Society members. The Kilmartin Church is still being evaluated by the Dunadd Community, we will stay in touch and follow their progress. We have started a dialogue with the Lang Syne Publishing Group in Scotland that publishes the series of Clan Histories that are sold on Princess Street and at many Scottish venues. It is an exciting project that will, in time, put our booklets in the outlets. Yours Aye Michael T McAlpin Commander, Name of MacAlpin Commander: Michael T. McAlpin Society Officers: President: Earl Dale McAlpine Vice President: Mark McAlpin Treasurer: Janet McAlpine Secretary: Robin McAlpine Member at Large: Finn Stavsnbo Alpin Newsletter Editor: Janet McAlpine President’s News Dear Family, We started the new year out by hosting the Clan MacAlpin/e Society tent at Central Florida Highland Games, January 18th – 19th. During the Parade of Clans we received a warm welcome for our Clan and attending Commander Michael T. McAlpin. The next Annual General Meeting (AGM) will be held July 11th at the 65th Annual Grandfather Mountain Highland Games July 9-12, 2020 at MacRae Meadows near Linville, North Carolina—https://www.gmhg.org or see our Clan MacAlpin/e Society’s website. -
A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants
American Indian Law Journal Volume 4 Issue 1 Article 4 12-15-2015 A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants Gregory D. Smith J.D. Follow this and additional works at: https://digitalcommons.law.seattleu.edu/ailj Part of the Courts Commons, and the Indian and Aboriginal Law Commons Recommended Citation Smith, Gregory D. J.D. (2015) "A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants," American Indian Law Journal: Vol. 4 : Iss. 1 , Article 4. Available at: https://digitalcommons.law.seattleu.edu/ailj/vol4/iss1/4 This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in American Indian Law Journal by an authorized editor of Seattle University School of Law Digital Commons. A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants Cover Page Footnote Gregory D. Smith, [J.D., Cumberland School of Law, 1988; B.S., Middle Tennessee State University, 1985; Special Courts Certification, National Judicial College, 2014], is a Justice on the Pawnee Nation Supreme Court in Oklahoma and the Alternate Judge on the Gila River Indian Community Court of Appeals in Arizona. Each court is the highest appellate court in their respective tribal nations. Both positions are part-time judgeships. Mr. Smith also has a law practice in Clarksville, Tennessee and is the part-time municipal judge for Pleasant View, Tennessee. Judge Smith has presented between 650–700 appeals for courts all over the United States. -
Our Promise to You
Our promise to you Sheriff Court & Justice of the Peace Court Users’ Charter June 2019 Introduction Our Sheriff Court & Justice of the Peace Court Users’ Charter sets out our standards of service in sheriff courts and justice of the peace courts and our commitments to you. We recognise that attending court is an unfamiliar experience for many people. We want to provide information that helps you to access our services and understand court proceedings. You should feel confident that we will listen to you, provide you with accurate and relevant information and treat you with courtesy and consideration at all times. We provide information about court procedures and coming to court (including jury citations and guidance). We cannot give legal advice or comment on judicial decisions. If we are unable to provide you with advice, information or a particular service we will explain why. More information about the Scottish Courts and Tribunals Service can be found on our website www.scotcourts.gov.uk. - 1 - About the Scottish Courts and Tribunals Service The Scottish Courts and Tribunals Service is an independent body corporate established by the Judiciary and Courts (Scotland) Act 2008. Its purpose is Supporting Justice. Its function is to provide administrative support and the people, buildings and services needed to support Scottish courts and tribunals, the judiciary, and the Office of the Public Guardian and Accountant of Court.1 In delivering our services we take account of the needs of the judiciary, people involved in the proceedings of the courts, and the wider public. We aim to promote public confidence in Scotland’s justice system and the efficient administration of justice. -
British Institute of International and Comparative Law
BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW PROJECT REFERENCE: JLS/2006/FPC/21 – 30-CE-00914760055 THE EFFECT IN THE EUROPEAN COMMUNITY OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS: RECOGNITION, RES JUDICATA AND ABUSE OF PROCESS Project Advisory Board: The Rt Hon Sir Francis Jacobs KCMG QC (chair); Lord Mance; Mr David Anderson QC; Dr Peter Barnett; Mr Peter Beaton; Professor Adrian Briggs; Professor Burkhard Hess; Mr Adam Johnson; Mr Alex Layton QC; Professor Paul Oberhammer; Professor Rolf Stürner; Ms Mona Vaswani; Professor Rhonda Wasserman Project National Rapporteurs: Mr Peter Beaton (Scotland); Professor Alegría Borrás (Spain); Mr Andrew Dickinson (England and Wales); Mr Javier Areste Gonzalez (Spain – Assistant Rapporteur); Mr Christian Heinze (Germany); Professor Lars Heuman (Sweden); Mr Urs Hoffmann-Nowotny (Switzerland – Assistant Rapporteur); Professor Emmanuel Jeuland (France); Professor Paul Oberhammer (Switzerland); Mr Jonas Olsson (Sweden – Assistant Rapporteur); Mr Mikael Pauli (Sweden – Assistant Rapporteur); Dr Norel Rosner (Romania); Ms Justine Stefanelli (United States); Mr Jacob van de Velden (Netherlands) Project Director: Jacob van de Velden Project Research Fellow: Justine Stefanelli Project Consultant: Andrew Dickinson Project Research Assistants: Elina Konstantinidou and Daniel Vasbeck 1 QUESTIONNAIRE The Effect in the European Community of Judgments in Civil and Commercial Matters: Recognition, Res Judicata and Abuse of Process Instructions to National Rapporteurs Please use the following questions to describe the current position in the country for which you have been appointed as National Rapporteur. Please respond to the following questions as fully as possible, with appropriate reference to, and quotation of, supporting authority (e.g. case law and, where appropriate, the views of legal writers). -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
The West Coast Directory for 1883-84
Digitized by the Internet Archive in 2011 with funding from National Library of Scotland http://www.archive.org/details/westcoastdirecto18834dire i " m A PLATE GLAS INSURANCES AND EEPLACEMENTS PROMPT "ECTED at moderate rates CALEDONIAN PLAT 1SS IH'StJRAKOE CO (ESTABLISHED 1871 UNDE;*. OMPAN1ES' ACT, 1S62-1867.) Head fee—131 HOPE STR GLASGOW, and AGENTS, W. I IN.M'CULLQCH, Manager. FIRE & LIFE INS NOE COMPANY. I estab: 1714. Fira Funis, £720,093. Lif j Faai WW*. Total FuaIs,£l,80O,00!>. FIRE RISKS accept] r LOWEST RATES. LARGE BONUSES LIFE POLICIES. Scottish Office—W HOPE i T, GLASGOW, and Agents. W. M'GAVI-K ITLLOCH, Local Manager. AGENT LIFE AS 3 U RAN ASSOCIA r ION. Established 1839 I CAPITAL, ONE MILLION 120 PRINCES S~ ET EDINBURGH. TR BM. The Right Hon. The Earl of Gl- Lord Clerk-Register of Scotland. The Right Hun. Lord Moncreifi • Justice-Clerk of Scotland. Tne Honourable Lord Adam. Edward Kent Karslake, Esq., Q.C. The Honourable Mr Justice Field. William Smythe, Esq , of Methven. Sir Hardinge S' - Giffard. Q.C, M.P. Ma nage r— W I LL I ITH, LL.D., F.I.A. THE ASSOCIATION transacts all the .ascriptions of LIFE and ANNUITY Bnsi- ness, and also secures ENDOWMEi ayable during Life, as PROVISIONS FOR OLD AGE. NINE-TENTHS (90 percent.) of the PR are divided among the Assured every FIVE YEARS. Seven Divisions of Profits h; sady taken place, at each of which BONUS AUDITIONS, at Rates never lower than t iund Ten Shillings per Cent per Annum, were made to all Participating Policies ( I for the Whole Term of Life. -
Court Administration Systems
COMPARATIVE ANALYSIS of key characteristics of COURT ADMINISTRATION SYSTEMS Presented to the Canadian Judicial Council Administration of Justice Committee Administrative Efficiency in Trial and Appeal Courts Sub-Committee By Karim Benyekhlef Cléa Iavarone-Turcotte Nicolas Vermeys Université de Montréal Centre de recherche en droit public July 6th, 2011 © Canadian Judicial Council Catalogue Number JU14-24/2013E-PDF ISBN 978-1-100-21994-3 Available from: Canadian Judicial Council Ottawa, Ontario K1A 0W8 (613) 288-1566 (613) 288-1575 (facsimile) and at: www.cjc-ccm.gc.ca FOREWORD | iii Foreword In 2006, the Canadian Judicial Council published a report entitled Alternative Models of Court Administration. In exploring the trend towards governments granting greater administrative autonomy to the courts, the report offered seven different models present in a number of jurisdictions. In 2011 the Administration of Justice Committee of Council commissioned a research study which would present a comparison of key characteristics of court administrative systems against those models in common law countries including Australia, England and Wales, New Zealand, North Ireland, the Republic of Ireland and Scotland. Key to this comparative analysis was the collection of legislation, memoranda of understanding and other forms of written agreements between the Judiciary and the Executive. They outline which level of government is responsible for certain or all aspects of court administration. The report consists of two documents. Presented here is the first part, namely, a comparative analysis building on the seven models presented in the 2006 report and further analysing how each of the selected jurisdictions advances their work according to six specific characteristics of court administration. -
Keeping the Judicial Law Clerk on Your Side
APPELLATE ADVOCACY Help the Clerk and Help Your Case Keeping the Judicial Law Clerk By Amanda E. Heitz on Your Side Although appellate Apart from the litigants and attorneys themselves, there practice articles often likely is nobody who will spend more time poring over cover how to write your briefs and the record than a judicial law clerk. At a briefs and motions for minimum, the judges deciding your case will rely on their clerks’ analyses of the record and research tifying the important legal issues and facts judges, we can forget of the issues—and many will also lean on on which an opinion will rely. Making an these clerks to propose an outcome and enemy of the law clerk may not sink your that our audience also craft language for written opinions. case, but it certainly will never help you. The role of law clerks in the judicial And keeping the law clerk on your side will includes law clerks, and process has been the subject of scholarly you give you another voice in chambers research and discussion for years. See, e.g., who can remind the judge of strong facts importantly, we need Stephen L. Wasby, The World of Law Clerks: or law that help your position. Tasks, Utilization, Reliance, and Influence, Accordingly, this article intends to pro- to help them focus on 98 Marq. L. Rev. 111 (2014); Todd C. Pep- vide practical tips from former law clerk pers et al., Inside Judicial Chambers: How perspectives that can help make you a bet- our arguments, too. -
Law & Order Code
Washoe Tribe of Nevada and California Law & Order Code ______________________________________________________________________________________ TRIBAL COURT RULES ______________________________________________________________________________________ [Last Amended: 9/11/2009; Current Through 2/25/2010] TABLE OF CONTENTS Rule 1 Applicability and Citation of the Rules ............................................................................................. 1 Rule 2 Organization of the Court.................................................................................................................... 1 Rule 3 Early Settlement Conference ............................................................................................................... 2 Rule 4 Law and Motion Calendar................................................................................................................... 2 Rule 5 Child Custody and Visitation Cases .................................................................................................. 3 Rule 6 Child Support, Spousal Support and Temporary Fees.................................................................... 6 Rule 7 Reserved................................................................................................................................................. 6 Rule 8 Setting of Cases for Trial...................................................................................................................... 6 Rule 9 Motion Practice .................................................................................................................................... -
Civil Justice - Civil Courts and Tribunals (Republished)
SPICe Briefing Pàipear-ullachaidh SPICe Civil Justice - Civil Courts and Tribunals (republished) Abigail Bremner The civil justice system enables people to protect or enforce their legal rights. This briefing looks at the structure of civil courts and tribunals in Scotland. Note that this briefing is a re-edited version of the SPICe briefing Civil Justice - Civil Courts and Tribunals, published in December 2016. 11 May 2017 SB 17/30 Civil Justice - Civil Courts and Tribunals (republished), SB 17/30 Contents What this briefing is about ________________________________________________4 Useful definitions _______________________________________________________5 What is civil justice? _____________________________________________________6 The civil courts are being reformed _________________________________________6 How devolution affects the civil courts _______________________________________7 Who's who in Scotland's civil court system __________________________________8 The role of the Lord President _____________________________________________8 The role of the Lord Justice Clerk __________________________________________8 The role of the Scottish Civil Justice Council __________________________________8 The sheriff courts ______________________________________________________10 Who's who in the sheriff courts ___________________________________________10 Summary sheriffs are likely to increase in number ____________________________ 11 Reforms enable sheriffs and summary sheriffs to specialise_____________________ 11 The Sheriff Personal -
Judicial Council Scotland
Response questionnaire project group Timeliness Judicial Council of Scotland 1. The Court System and Available Statistics 1.1 The court system in Scotland comprises a hierarchy of courts. At the top of the hierarchy is the Supreme Court of the United Kingdom, which is located in London. It has an appellate jurisdiction from the Scottish courts in civil matters and, since the devolution arrangement which was introduced in 1999, in human rights issues in relation to criminal matters. Until devolution, there was no right of appeal in criminal matters to London. The senior courts in Scotland are the Court of Session (civil matters) and the High Court (criminal matters). Rather confusingly, as a result of practice before the Union of Scotland and England in 1707, they are known as the Supreme Courts of Scotland. Thus when we refer below to the Supreme Courts Programming Board, we are speaking of a Scottish rather than a UK body. The Court of Session and the High Court have both a first instance and an appellate jurisdiction. The High Court has exclusive jurisdiction to hear cases involving certain serious crimes and its judges have a sentencing power which is considerably greater than that conferred on sheriffs, who cannot impose a sentence of imprisonment which is more than for five years. At a local level there are sheriff courts, each of which has a defined geographical jurisdiction within Scotland. Sheriffs have jurisdiction in both civil and criminal matters. Almost all family cases are now heard in the sheriff court. Civil cases with a value of £5,000 or less must be heard in the sheriff court and cannot be raised in the Court of Session.