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Davie V Magistrates Of Edinburgh
''Davie v Magistrates of Edinburgh'' 1953 S.C. 34. encapsulates the Scots law position regarding the role of expert witnesses in providing their opinion to the court in criminal and civil proceedings. Case In ''Davie v Magistrates of Edinburgh'', an expert witness gave evidence concerning the effect of shock waves in blasting operations and referred to a specific section of a pamphlet that allegedly supported his opinion. The Court of Session disproved of the Lord Ordinary's action of adopting other parts of the pamphlet that the expert had not made reference to. :" The Court cannot...rely upon such works for the purpose of displacing or criticising the witness's testimony." - at 41. Law Lord President Cooper stated that "their duty is to furnish the judge or jury with the necessary scientific criteria for testing the accuracy of their conclusions, so as to enable the Judge or jury to form their own independent judgment by the application of these criteria to the facts pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of Edinburgh
While the area around modern-day Edinburgh has been inhabited for thousands of years, the history of Edinburgh as a definite settlement can be traced to the early Middle Ages when a hillfort was established in the area, most likely on the Castle Rock. From the seventh to the tenth centuries it was part of the Anglian Kingdom of Northumbria, becoming thereafter a royal residence of the Scottish kings. The town that developed next to the stronghold was established by royal charter in the early 12th century, and by the middle of the 14th century was being described as the capital of Scotland. The area known as the New Town was added from the second half of the 18th century onwards. Edinburgh was Scotland's largest city until Glasgow outgrew it in the first two decades of the 19th century. Following Scottish devolution in the very late 20th century, Scotland's Parliament was established in Edinburgh. Origins The earliest known human habitation in the Edinburgh area is from Cramo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Case Law
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Case Law
Scottish usually refers to something of, from, or related to Scotland, including: *Scottish Gaelic, a Celtic Goidelic language of the Indo-European language family native to Scotland *Scottish English *Scottish national identity, the Scottish identity and common culture *Scottish people, a nation and ethnic group native to Scotland *Scots language, a West Germanic language spoken in lowland Scotland *Symphony No. 3 (Mendelssohn), a symphony by Felix Mendelssohn known as ''the Scottish'' See also *Scotch (other) *Scotland (other) *Scots (other) *Scottian (other) *Schottische The schottische is a partnered country dance that apparently originated in Bohemia. It was popular in Victorian era ballrooms as a part of the Bohemian folk-dance craze and left its traces in folk music of countries such as Argentina ("chotis"Span ... * {{disambiguation Language and nationality disambiguation pages ca:Escocès ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 In Scotland
Events from the year 1953 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal – James Stuart Law officers * Lord Advocate – James Latham Clyde * Solicitor General for Scotland – William Rankine Milligan Judiciary * Lord President of the Court of Session and Lord Justice General – Lord Cooper * Lord Justice Clerk – Lord Thomson * Chairman of the Scottish Land Court – Lord Gibson Events * 30 January – The cargo vessel ''Clan MacQuarrie'' runs aground near Borve, Lewis in a storm; all 66 crew are rescued by breeches buoy the following morning. * 31 January – The car ferry , sailing from Stranraer to Larne in Northern Ireland, sinks in the Irish Sea in a storm killing 133 people onboard. Fleetwood trawler ''Michael Griffiths'' sinks seven miles south of Barra Head with the loss of 13 crew. * 9 February – Fraserburgh life-boat ''John and Charles Kennedy'' capsizes on service: six crew killed. * 5 March – , t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 In Case Law
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Yugoslavia. ** The CIA-sponsored Robertson Panel first meets to discuss the UFO phenomenon. * January 15 – Georg Dertinger, foreign minister of East Germany, is arrested for spying. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record has yet to be broken. * January 20 – Dwight D. Eisenhower is sworn in as the 34th President of the United States. * January 24 ** Mau Mau Uprising: Rebels in Kenya kill the Ruck family (father, mother, and six-year-old son). ** Leader of East Germany Walter Ulbricht announces that agriculture will be co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Cooper, 1st Baron Cooper Of Culross
Thomas Mackay Cooper, 1st Baron Cooper of Culross (24 September 1892 – 15 July 1956) was a Scottish Unionist Party politician, a judge and a historian, who had been appointed Lord Advocate of Scotland. Background and education Cooper was the son of John Cooper, of Edinburgh, a civil engineer, and Margaret, daughter of John Mackay, of Dunnet, Caithness. In 1915 he applied to George Watson's College, Edinburgh, and the University of Edinburgh where he completed an MA in 1912 and a Law LLB. Political, legal and judicial career Cooper was admitted a member of the Faculty of Advocates in 1915 and created a King's Counsel in 1927. He was the Unionist Member of Parliament (MP) for Edinburgh West from a by-election in 1935 to 1941. In 1935 he was appointed Solicitor General for Scotland and later that year he was appointed as Lord Advocate. He also became a Privy Counsellor in 1935. In 1941 he became Lord Justice Clerk with the judicial title of Lord Cooper and in 1947 Lord Justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
