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Sheriff-substitute
In the Courts of Scotland, a sheriff-substitute was the historical name for the judges who sit in the local sheriff courts under the direction of the sheriffs principal; from 1971 the sheriffs substitute were renamed simply as sheriff. When researching the history of the sheriffs and sheriffs principal of Scotland there is much confusion over the use of different names to refer to sheriffs in Scotland. Sheriffs principal are those sheriffs who have held office over a sheriffdom, whether through inheritance or through direct appointment by the Crown. Thus, hereditary sheriff (before 1746) and sheriff-depute (after 1746) are the precursors to the modern office of sheriff principal. Background The office of sheriff in Scotland is an ancient one, owing its origins to the practice of the King of Scots to appoint leading local magnates to hear disputes between his subjects. In many cases, the office of sheriff became hereditary, a practice strengthened by the clan-based social ...
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Judiciary Of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk. The Lord President is supported by the Judicial Office for Scotland which was established on 1 A ...
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Clan
A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, meaning that their members can marry one another. Clans preceded more centralized forms of community organization and government, and exist in every country. Members may identify with a coat of arms or other symbol to show that they are an . Kinship-based groups may also have a symbolic ancestor, whereby the clan shares a "stipulated" common ancestor who serves as a symbol of the clan's unity. Etymology The English word "clan" is derived from old Irish meaning "children", "offspring", "progeny" or "descendants"; it is not from the word for "family" or "clan" in either Irish or Scottish Gaelic. According to the ''Oxford English Dictionary'', the word "clan" was introduced into English in around 1425, as a descriptive label for the organization ...
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Legal Terminology
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ...
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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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Sheriff Principal
In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746. Under the Sheriff Courts (Scotland) Act 1971 (as amended), each sheriff principal is appointed by the monarch of the United Kingdom on the advice of the First Minister of Scotland, who is advised by the Judicial Appointments Board for Scotland. As of May 2017 there were six sheriffs principal, each of whom has responsibility not only as a judge, but for the administration of justice in their respective sheriffdoms. Sheriffs principal have to ensure the effectiv ...
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Jacobite Rising Of 1745
The Jacobite rising of 1745, also known as the Forty-five Rebellion or simply the '45 ( gd, Bliadhna Theàrlaich, , ), was an attempt by Charles Edward Stuart to regain the Monarchy of Great Britain, British throne for his father, James Francis Edward Stuart. It took place during the War of the Austrian Succession, when the bulk of the British Army was fighting in mainland Europe, and proved to be the last in Jacobite risings, a series of revolts that began in Jacobite rising of 1689, 1689, with major outbreaks in 1708, Jacobite rising of 1715, 1715 and Jacobite rising of 1719, 1719. Charles launched the rebellion on 19 August 1745 at Glenfinnan in the Scottish Highlands, capturing Edinburgh and winning the Battle of Prestonpans in September. At a council in October, the Scots agreed to invade England after Charles assured them of substantial support from English Jacobitism, Jacobites and a simultaneous French landing in Southern England. On that basis, the Jacobite Army (1745) ...
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Layman
In religious organizations, the laity () consists of all members who are not part of the clergy, usually including any non-ordained members of religious orders, e.g. a nun or a lay brother. In both religious and wider secular usage, a layperson (also layman or laywoman) is a person who is not qualified in a given profession or does not have specific knowledge of a certain subject. The phrase "layman's terms" is used to refer to plain language that is understandable to the everyday person, as opposed to specialised terminology understood only by a professional. Some Christian churches utilise lay preachers, who preach but are not clergy. The Church of Jesus Christ of Latter-day Saints uses the term ''lay priesthood'' to emphasise that its local congregational leaders are unpaid. Terms such as ''lay priest'', ''lay clergy'' and ''lay nun'' were once used in certain Buddhist cultures to indicate ordained persons who continued to live in the wider community instead of retiring to ...
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Legal Profession
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. It is difficult to generalize about the structure of the profession, because * there are two major legal systems, and even within them, there are different arrangements in jurisdictions, and * terminology varies greatly. While in civil law countries there are usually distinct clearly defined career paths in law, such as judge, in common law jurisdictions there tends to be one legal profession, and it is not uncommon, for instance, that a requirement for a judge is several years of practising law privately. Judge Historically, this has been the first legal specialization. In civil law countries, this is often a lifelong career. In common law legal system, on the other hand, judges are recruited from practising lawyers. Lawyer, advocate, attorney ...
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Scottish Highlands
The Highlands ( sco, the Hielands; gd, a’ Ghàidhealtachd , 'the place of the Gaels') is a historical region of Scotland. Culturally, the Highlands and the Lowlands diverged from the Late Middle Ages into the modern period, when Lowland Scots replaced Scottish Gaelic throughout most of the Lowlands. The term is also used for the area north and west of the Highland Boundary Fault, although the exact boundaries are not clearly defined, particularly to the east. The Great Glen divides the Grampian Mountains to the southeast from the Northwest Highlands. The Scottish Gaelic name of ' literally means "the place of the Gaels" and traditionally, from a Gaelic-speaking point of view, includes both the Western Isles and the Highlands. The area is very sparsely populated, with many mountain ranges dominating the region, and includes the highest mountain in the British Isles, Ben Nevis. During the 18th and early 19th centuries the population of the Highlands rose to around 300,000, but ...
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Courts Of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act ...
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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 ...
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