Legal words explained

On this website, it refers to the Legal Services (Scotland) Act 2010

On this website, it refers to the Regulation of Legal Services (Scotland) Act 2025

A Latin phrase meaning “from the beginning”

A qualified lawyer who is not a partner in a firm

The court’s judgment that a person is “not guilty” of a criminal offence. In a civil case, it means that the pursuer’s claim is not granted.  

The person who is appointed to deal with an insolvent estate. 

A court officer responsible for supervising judicial factors

The official appointment of a trustee when a person is insolvent

A case started by a person in a civil court

The regulations about court procedure for the High Court of Justiciary (Scotland’s highest criminal court)

Something that does not apply generally, but only in particular circumstances

An interim ruling which applies for the meantime until the final decision is made

Make corrections to the documents (called “pleadings”) that each person draws up to support their case

Something that applies to this action only

A court appointment of an administrator to help a company that is facing financial or administrative difficulties

The legal process appointing non-biological parents as legal guardians of a child

Based on value

Advocates are legal practitioners who specialise in court work and legal opinions, are independent, and are regulated by the Faculty of Advocates (the Scottish Bar). 

An advocate appointed by the Lord Advocate to prosecute criminal cases

A written statement signed under oath. The person signing promises that what they say is true. It’s often used to start or support court proceedings, and can be used as evidence. 

An order to support someone else financially (usually a child) that can be enforced through the courts. 

Listed for hearing in a particular court, before a particular judge or sheriff

State of mind or intention

A formal way to challenge a decision 

When someone involved in a court action physically comes to the court, or indicates their intention to defend a case

Creating a legal right to get back money or property that another person currently holds

Legally binding conditions of sale that apply as soon as a property is sold by auction. It is very important to read and understand them before bidding.   

The transfer of a right or interest from one party to another. Often used with leases. 

Another word for a jury 

In a criminal case, it means “not guilty” or “acquitted”. In a civil case, it means the person making a claim has not been successful.   

The person appointed in the Court of Session, and in some Sheriff Courts, who independently checks whether the legal expenses claimed are fair and reasonable

The judgment (and reasons) will be given at a later date, after considering what was said by the parties. 

A person charged with a crime may be released “on bail” until the date set for the hearing. Bail can be restrictions on movement, or take the form of a deposit of money that will be forfeited if the person released on bail doesn’t attend the hearing. 

A person who cannot pay their debts can be put under a bankruptcy order, which means their assets will be divided up between their creditors

Bonds, mortgages and dispositions all “secure” a debt because once they are registered over fixed property (land or buildings), the property cannot be sold without the debt being repaid

A financial deposit or insurance policy that executors, judicial factors or guardians might be required to take out. This is to make sure that they deal properly and honestly with the property under their control.   

Records of the High Court of Justiciary (highest criminal court)

Registers of property deeds, contracts, bonds and agreements held by the National Records of Scotland. 

Records of cases and decisions of the Court of Session

Another way of saying “to keep it short”

Latin term meaning “a body” – mostly used to describe a legal entity, or collection of money or data

On this website, “Commission” means the Scottish Legal Complaints Commission. A commission is a structure set up to perform specific tasks. 

A type of security to protect rights

A person can lodge a legal document, called a Caveat, in court, to protect themselves. It makes sure that they will be told about any rulings, orders or other developments in the case.  

Judges of the High Court of Justiciary travel to hear cases in areas outside Edinburgh, in “circuit court” sessions

This has two meanings:  
1) the way to ensure that a person, witness or juror attends at court (also called a “summons”) 
2) A reference to another opinion, authority or judgment, when arguing a case. 

A specific type of claim made by a creditor to secure a payment from a deceased estate

Relating to establishing the succession rights and disposal of a deceased person's estate.

The Commissary Court approves executors or administrators and says how a deceased estate is to be finalised

In criminal proceedings in the Sheriff or district court, the complaint is the same as a charge

In a Court of Session action, the conclusion is a statement of what the pursuer wants

A written statement in a civil action setting out what the pursuer is claiming

Confirmation means the winding up of a deceased person's estate. This is called “probate” in England and Wales. The first step is the appointment of an executor.

A deposit of money or property into safekeeping, as ordered by the court

Refers to a dispute about family matters

A short statement saying what happened each time that the case comes to court. Sometimes it is enough to carry out the decision of the court.  

A person who is owed money or another right

A curator is a person entitled or appointed to assist or look after the interests of someone else, for example a child, or someone who does not have mental capacity. 

A curator ad litem is appointed by the court to manage a court process for another person. 

A curator bonis is appointed by the court to manage the finances or property of another person. 

Curators and/or judicial factors have to keep records of whatever they do, and can be held to account.

Debates are held to discuss legal points, rather than evidence. They might result in a civil case closing before the need to lead any evidence. 

A person who owes money or an obligation to a creditor

To give a final judgment or order

Another word for judgment or order

If no defence to an action in court has been given, the court can give a decree in absence. It is a judgment without the need for a formal court hearing.

Another way of saying “in fact” or “based on the facts”

A defender is the person answering the claim of a pursuer in a civil case. Their “defence” sets out the reasons they don’t agree with the claim. 

In line with what the law says

Used to describe an action that starts afresh

Used to describe something that can come into effect immediately, without needing further steps

A date fixed by the court for a hearing

This term refers to some kind of process, which can be:  
- following up on a judgment 
- obtaining evidence 
- checking specific facts about a situation 
- obtaining written information. 

Release, meaning that no further action will be taken

To transfer ownership

A correction to estate accounts, needed if there are new circumstances (such as finding more property). An “eik to confirmation” is the name given to the executor who deals with the changed estate. 

When someone makes a claim in a civil court, or if someone is charged with a crime in a criminal court, the court needs evidence to support their claims. This can be in the form of documents or witnesses. It is not always presented immediately. 

An executor is the person who must pay creditors and divide up the estate (all assets) of a person who has died.  

An executor nominate is the person named as executor in a will. 

An executor dative will be appointed if no executor has been named, or if a named person cannot take up the appointment. 

In an official capacity

Confirmation that an appointment or liability has been completed

An application to the court which does not require a response from anyone else (because it is urgent, or because nobody else is involved) 

Something done after a particular event

A legal process started by a court, judge or regulator

Something given at the time/ immediately

A written document confirming the decision of a court – sometimes with instructions to enforce the decision. Sometimes a “copy interlocutor” is enough: this is a short statement saying what happened when the case was heard at the court.   

“Judicial” means something that happened in court. “Extra-judicial” refers to something that happened outside the court. It is most often used to describe expenses that cannot be recovered from the opponent. 

Someone who has the right of ownership to property, even if someone else has a life-rent interest

The first order – usually used for sequestrations, liquidations, or civil claims

The final decision of the court

Land or buildings. Different from “moveable” property – anything owned that can be moved to another place.  

Family members who may have the right to receive a bequest or share in a deceased estate

Another way of describing fixed property, such as land or buildings

Wills written out by hand (if this was done before August 1995) which do not have quite the same formalities with signatures as typed documents

From the same source material or place

Someone who lacks legal, mental or physical capacity

A criminal charge which is brought in the name of the Lord Advocate and must be tried by a jury, for more serious offences

Literally “in the courtroom” – a judgment handed down in court, when a civil matter or crime is defended

A way of preventing a debtor from selling or disposing of property where another creditor has rights. The inhibition is registered in the name of the creditor.

The first document that starts civil proceedings in the Sheriff Court. In the Court of Session, it is called a summons.  

Someone who is likely to leave the country, to avoid a claim or prosecution

The courts in the Court of Session that deal with appeals

Forever

Done with authority of the court (literally, in the presence of the Lords, usually seen as the abbreviation I.P.D. after the signature of the chairman of the Appeal Court)

Refers to evidence that has been mentioned but is not yet needed

A person or company who cannot pay their debts can be declared insolvent (also referred to as bankrupt).  

An insolvency practitioner – usually an accountant or solicitor - Another person will be appointed as liquidator (for a company) or supervisor (for an individual) to share whatever the insolvent person has, between the creditors.  

This means “at the request of...” and will name all the people involved in a claim

A decision of the court on a side issue, during an action. This is distinct from the final interlocutor which is the final decision of the court. 

A step that is compulsory in criminal proceedings, to check whether the case can go ahead on the date proposed for the trial. This helps with the planning of the court dates.  

among other things

An order of a court that prevents an action being taken.  

In urgent cases, a person can ask a court for an "interim interdict” that applies immediately. This could be to prevent a child being taken out of the country, or to prevent a property from being sold, or to prevent something from happening while a court action has not yet been finalised.  

A “final interdict” will confirm that something will continue to be prevented, after more evidence has been produced. 

As applied to the ruling of a court, temporary or partial

A formal written question or questions that the court wants to have answered. It is usually used for commissions of inquiry.  

The meaning is “between people who are alive”. It is usually used to describe trusts that are created by living people, as opposed to testamentary trusts, which are set up by a will and come into effect after death of the person granting the trust.  

A list.  

An inventory in a deceased estate is a list of everything in the estate.  

An inventory of process lists all documents in a court process.

By that very fact or act

According to the law

Someone appointed by the court to deal with assets or a business

The Court of Session can review the process followed by any authority, and can ask that authority to make another decision because of some flaw in the process. Different from an appeal, which looks at whether the law has been correctly applied.  

Courts and other authorities can only make decisions if they have jurisdiction – the specific power to do so. For instance, Parliament has jurisdiction to pass laws affecting people who live in the country. Whether a court has jurisdiction can depend on where the parties bringing the action live, or the types of matters that a particular court can deal with.  

Ordinary citizens who are chosen at random to form a jury who must make a decision on facts

A spouse or civil partner’s right to claim a set portion of their partner’s deceased estate

A case that has been set down for a hearing may need to be postponed (adjourned) to another day, because the court does not have time to deal with it

A member of a committee or board of a legal regulator in Scotland, who is currently regulated to practise law

A member of a committee or board who is not currently regulated to practise law in Scotland

A general term to refer to a person who has a law degree and is licensed to practise by a legal regulator

A “legal rights” claim that a child may make to some of the assets of their parent who has died

A right to have use of property during your lifetime, without owning it

The process to close down a company. A liquidator is appointed to oversee this and settle claims. 

The place where something happened

The senior Scottish Law Officer responsible for the prosecution of crime and investigation of deaths in Scotland, and the principal legal adviser to the Scottish Government.

The second-most senior judge in Scotland, who is head of the Second Division of the Court of Session.

The judges of the Court of Session

The most senior judge in Scotland, and head of the First Division of the Court of Session for civil cases. Formerly called Lord Justice General.

The place regarded as “home” during a marriage. 

Intention: this must be proved before most criminal offences can be upheld. 

Messengers at Arms deliver documents that will be used in court, to prove that the person has received them. 

The formal agreement for a sale of property. 

Delay

A document that proves a person’s intention, before they die.  

A request to the court, often made during court proceedings.

Anything a person owns and can be transferred physically to other people. This is distinguished from “fixed” or “heritable” property”(a house or land).  

A process to decide who has rights to money where there are competing claims. 

A phrase used to confirm that something that applies to one document or situation also applies to another. 

The person with the closest family relationship. Often used to confirm who should be consulted or notified on illness or death. 

A power for the Court of Session and the High Court of Justiciary to provide a decision not otherwise available

An appeal from the Sheriff Court to the High Court will be done by Notes of Appeal if only the sentence (punishment) is being challenged. An appeal against the conviction is done by a Stated Case.   

Something that is treated as invalid from the start, so that it could never be enforced through legal action.  

A person promises to tell the truth in court proceedings or confirms the truth of something said in a document, by making an oath or an affirmation. A person who lies after they have promised to tell the truth by taking an oath may be charged with a criminal offence.  

Part of a court judgment that, although confirming the law, doesn’t affect the current case. 

An advocate’s opinion is used to get specialised advice, usually before continuing with a court action.  

A court’s opinion is the statement by the court or judge of reasons for the decision in a case.

Civil actions in the Sheriff Court. An “ordinary action” is used to claim compensation or a debt of over £5,000 in the Sheriff Court. It is started by using an “ordinary writ”.  

These can be brought in either the Sheriff Court or the Court of Session, when the simplified divorce procedure is not available.  

In Scotland, the highest civil court, the Court of Session, is split into the Inner and Outer House. The Outer House deals with new cases that have not been heard by another court. The Inner House mostly deals with appeals. 

On our website, this refers to a regulated legal practitioner, that is: a solicitor who is a member of the Law Society of Scotland, a conveyancing or executry practitioner regulated by the Law Society of Scotland, an advocate who is a member of the Faculty of Advocates, or a member of the Association of Construction Attorneys.

In equal shares or claims. 

Oral/ spoken evidence of witnesses

If a person lies after promising – by taking an oath or affirmation – to tell the truth, they have committed the crime of perjury.  

Children can take over their parents’ rights to claim property from another deceased estate.  

A type of document that starts a matter in the court (other cases are started by summons or writ). 

It is different from a “public petition”, which is a formal request, without taking court action, by a group of people to parliament or government, asking for something to be done.  

A way of asking the Court of Session to punish someone who has failed to comply with another order of court. 

A short statement asking for a specific outcome, with reasons.  

The written documents drawn up by both parties to a case, that set out their claims and their point of view.   

A ”diet” is the general term for a court hearing. A pleading diet is specifically set for the prosecutor to formally ask the person who has been charged with a crime whether they want to say that they are guilty, or not guilty. 

When courts make a decision, they may rely on other cases heard before as “a precedent” for guiding the current decision.  

The word is also used to describe a standard form or sample of a document that can be used again as a good example for certain wording.  

The first statement by a witness.

Taking a statement from a witness. 

Showing evidence to the court, in civil cases.  

A public prosecutor who presents the case against an accused person to the criminal court. 

Something that is used as evidence in court.  

A standard type of document or template used for a particular purpose. 

This applies if people jointly hold rights to something; usually used where they own property together.  

This has different meanings: 

1) Showing that something is the truth.  

2) In court proceedings, the word means the judge’s decision, usually on the facts of the case, before the judge decides how the law applies to the facts.  

Continue, extend or postpone until later.

The person who claims something in court (sues) from another person. The person who answers the claim is called the defender.  (known in England and Wales as "plaintiff").

The amount of the claim. It often needs to be assessed by getting specialist reports or advice.  

A formal statement of how a court procedure or a law must be carried out. Sometimes regulations must be consulted on, or approved by another formal mechanism, before they come into effect.  

A person who is appointed when a business cannot satisfy a promise to pay a “floating charge” – a type of security that protects the people who are owed money. The receiver helps to enforce the creditor’s rights against the business.  

The statement of claims and answers lodged with the court. Changes can be made up to the time of the court’s decision, but once the court makes an order – a final decision – it becomes a “closed record” that cannot be changed again. 

Documents that are held by someone who is not involved in a court case, but where the documents are needed to prove the case (such as confidential medical reports held by a hospital that would not normally be made available). The court may need to order that they are produced. 

The order of court that sets aside or cancels something.  

Some documents need to be officially recorded by Registers of Scotland before they take legal effect. The most common is the registration of property ownership after the “conveyancing” done by solicitors has been finalised. 

Old land titles (gradually replaced by modern registers). 

In Scotland, all practising legal practitioners must belong to a professional organisation, who regulates them. These are: the Law Society of Scotland for solicitors, the Faculty of Advocates for advocates, the Association of Construction Attorneys for those registered to practise in this specialist work area.  

A judge can send (remit) a case to another court or expert, to give an opinion or report that will help to make the final decision for the case.  

To overrule, or not allow, an objection or a request.

If someone is not present in court, or did not officially record an answer, a decision (“decree in absence”) might be made. Apply to “repone” gives another chance by putting that person back in a position where they can answer the case, or have another chance to lodge documents for an appeal. 

Someone appointed – usually by the court – to carry out a specific function, such as investigation into particular matters. The most commonly known are Child Welfare Reporters, who give an independent opinion on the specific questions that the court has asked them to investigate. 

The formal court decision about who will take day-to-day responsibility for and have a child living with them.  

The officer appointed to sit full-time at a particular Sheriff’s Court. 

Something that is so obvious that it speaks for itself and does not need to be further explained. 

A final decision by a court, which cannot be debated again. 

Where a decision in a civil case has been appealed, the person who is defending the appeal against the first court’s decision is called the respondent. The person bringing the appeal is called the appellant. 

The word is used if a higher court looks again at a decision. It is also used for specific instructions to look at certain points. 

A court roll is the list of cases to be heard by that court. 

Courts that are set up in districts to hear civil and criminal cases. Most cases in Scotland are decided by these courts. 

Separate from anything already said or claimed. 

If a person cannot pay their debts, they can be “sequestrated” (made bankrupt). This means whatever they own can be removed and put under the control of another person who will then split the assets up to pay the creditors.  

A person who holds a judicial office (similar to a judge), but in a Sheriff Court. 

An official stamp of the Court of Session, which then allows a summons to be presented to the defender. 

A way to claim debts or compensation of under £5.000. It replaces the old Small Claims Court procedure.  

Also known as “DIY divorces”. In some cases, spouses can apply for divorce using a set form. 

This is usually used when something has been postponed, but without fixing another date for the case to continue.

This has two meanings: 

1) to stop or postpone a court process 

2) to add someone as a party to an action. 

This has been replaced by Simple Procedure (see above). 

Compensation for injured feelings. 

Refers to offences where a sheriff court can order 5 years imprisonment or an unlimited fine, or where the high Court can impose an unlimited fine. These are more serious than “Summary Crimes”.

For solemn crimes, a judge or sheriff tries the case with a jury. 

A person who offers legal advice and is regulated and registered by the Law Society of Scotland. 

An appeal from the Sheriff Court to the High Court against a conviction is done by way of a Stated Case.  

Another name for legislation, which is something passed by an Act of Parliament.  

Refers to orders, rules and regulations that are not Acts of Parliament but support them. Scottish Statutory Instruments are made by the Scottish Parliament. 

Civil Summary proceedings are used to claim less than £5,000 in the Sheriff Court.  

Summary crimes are less serious criminal offences carrying lower fines or shorter imprisonment.  

The way an action is started in the Court of Session. The document is delivered by the Messenger-at-Arms. 

This refers to a more simplified request that does not need a lot of formality. Summary warrants authorise recovery of debt arrears.  

In the context of legal accounts, a taxation is a check on the amounts charged, by the Auditor of Court, who can lower or approve what has been charged. 

Something created by a will. Usually used in the context of “a testamentary trust”, which is to be set up as part of the winding up of a deceased estate, to hold assets for the benefit of others, or for a specific purpose.  

The proceedings in a criminal court (when an accused person has pled not guilty) where the court hears the evidence. 

An official body that is not a court, but still has power to decide specific types of claims. Examples are employment tribunals and rent tribunals. 

A trust is a way of managing assets for the benefit of other people. A trust is governed by a trust deed, that sets out the purpose of the trust.

A trustee takes responsibility for running, managing and distributing a trust, in line with whatever has been said in the trust deed. A trustee must keep accounts and submit reports. 

A trustee for sequestration or bankruptcy takes control of assets to distribute these to creditors of a person who cannot pay all their debts. 

Another word for a guardian of a child. 

Something that has been done without authority or permission. An action judged to be ultra vires can be reversed.  

The decision of a jury.  

The way to confirm a right, by registering it in an official register.  

A person who keeps bringing actions or claims to the court that have no merit. A vexatious litigant can be prevented from raising further actions.  

The time between fixing a date for trial, and when it is finally heard. 

An absolute guarantee that no claims can be made on property.  

In a legal sense, a written authority from a court to allow actions to be taken.  

The document that starts a civil claim in a Sheriff Court, that sets out the details of the claim.