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John Erskine by Daniel Lizars from National Galleries Scotland. John Erskine of Carnock (4 November 1695 – 1 March 1768) was a Scottish jurist and professor of Scottish law at the University of Edinburgh. He wrote the Principles of the Law of Scotland and An Institute of the Law of Scotland, prominent books on Scots law.
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
The Regiam Majestatem is the earliest surviving work giving a comprehensive digest of the Law of Scotland. The name of the document is derived from its first two words. It consists of four books, treating (1) civil actions and jurisdictions, (2) judgments and executions, (3) contracts, and (4) crimes.
Thereafter he continued part-time, teaching the Scots Law of Evidence. Between 1983 and 1999 he served as Head of the Department of Scots (later Private) Law. From 1984 to 2003 he was a member of every Dean's Council of the Faculty of Advocates (the Scottish Bar). In 2006–7 academic session Black retired from university teaching. [1]
The nature of Scots law before the 12th century is largely speculative but most likely was a folk-right system applying a specific customary legal tradition to a certain culture inhabiting a certain corresponding area at the time, e.g. Brehon law for the Gaels (Scoti and men of Galloway and Ayrshire), Welsh law for lowland Britons of Yr Hen Ogledd, Udal law for the Norse of Caithness and the ...
He was placed at the head of a commission in 1833 to inquire into the Scottish bankruptcy law. His smaller treatise, Principles of the Law of Scotland, became a standard text-book for law students. He wrote also Illustrations of the Principles. [1] in 1805 Bell married Barbara Shaw, granddaughter of Very Reverend David Shaw. [2]
Like much of Scots property law, the principles of the law of possession mainly derive from Roman law. In possession, the custodian of the property ( both heritable and moveable property are capable of possession) is termed a possessor and described as being in possession of the property if he/she detains the property with the necessary mental ...
A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. [2] This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland ...