Vicious Intromission
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Vicious Intromission
Vicious intromission is a term of Scots law denoting the unauthorised assumption of ownership, or other interference with the rights of an estate. In 1771 James Boswell appeared before the Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ... in ''Wilson vs Smith and Armour'', arguing for a return to the principle that the punishment for vicious intromission should be restored to its traditional severity, of rendering the intromittor liable to pay all the debts of the estate. His attempt was unsuccessful, but led to an exchange with his friend Doctor Johnson in July 1772, recorded in his '' Life of Samuel Johnson'', in which the latter wrote a paper on the legal principles involved, stating ''misera est servitus ubi jus est aut incognitum aut vagum'' ("miserable is th ...
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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 ...
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James Boswell
James Boswell, 9th Laird of Auchinleck (; 29 October 1740 (New Style, N.S.) – 19 May 1795), was a Scottish biographer, diarist, and lawyer, born in Edinburgh. He is best known for his biography of his friend and older contemporary the English writer Samuel Johnson, which is commonly said to be the greatest biography written in the English language. A great mass of Boswell's diaries, letters and private papers were recovered from the 1920s to the 1950s, and their ongoing publication by Yale University has transformed his reputation. Early life Boswell was born in Blair's Land on the east side of Parliament Close behind St Giles' Cathedral in Edinburgh on 29 October 1740 (New Style, N.S.). He was the eldest son of a judge, Alexander Boswell, Lord Auchinleck, and his wife Euphemia Erskine. As the eldest son, he was heir to his family's estate of Auchinleck in Ayrshire. Boswell's mother was a strict Calvinist, and he felt that his father was cold to him. As a child, he was delica ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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Doctor Johnson
Samuel Johnson (18 September 1709  – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, literary criticism, critic, biographer, editor and lexicographer. The ''Oxford Dictionary of National Biography'' calls him "arguably the most distinguished man of letters in English history". Born in Lichfield, Staffordshire, he attended Pembroke College, Oxford until lack of funds forced him to leave. After working as a teacher, he moved to London and began writing for ''The Gentleman's Magazine''. Early works include ''Life of Mr Richard Savage'', the poems ''London (Samuel Johnson poem), London'' and ''The Vanity of Human Wishes'' and the play ''Irene (play), Irene''. After nine years' effort, Johnson's ''A Dictionary of the English Language'' appeared in 1755, and was acclaimed as "one of the greatest single achievements of scholarship". Later work included essays, an annotated ''The Plays of ...
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Life Of Samuel Johnson
Life is a quality that distinguishes matter that has biological processes, such as signaling and self-sustaining processes, from that which does not, and is defined by the capacity for growth, reaction to stimuli, metabolism, energy transformation, and reproduction. Various forms of life exist, such as plants, animals, fungi, protists, archaea, and bacteria. Biology is the science that studies life. The gene is the unit of heredity, whereas the cell is the structural and functional unit of life. There are two kinds of cells, prokaryotic and eukaryotic, both of which consist of cytoplasm enclosed within a membrane and contain many biomolecules such as proteins and nucleic acids. Cells reproduce through a process of cell division, in which the parent cell divides into two or more daughter cells and passes its genes onto a new generation, sometimes producing genetic variation. Organisms, or the individual entities of life, are generally thought to be open systems that mai ...
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Scots Property Law
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana. The term 'property' is wide-ranging but in this article, as in Scots law and many other jurisdictions, it does not solely describe land. Instead, in Scots law, the term 'a person's property' is used when describing objects or 'things' (in Latin ''res'') that an individual holds a right of ownership in. It is the rights that an individual holds in a 'thing' that are the subject matter of Scots property law. The terms objects or 'things' is also a wide-ranging definition, and is based on Roman law principles. Objects (or things) can be physical (such as land, a house, a car, a statue or a keyring) or they can also be unseen but still capable of being owned, (e.g. a person can have a right to payme ...
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