Search results
Results from the WOW.Com Content Network
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.
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]
Moorov v His Majesty's Advocate 1930 JC 68 is a Scots criminal and evidence law case that concerns admissibility of similar fact evidence. [1] The High Court of Justiciary established the Moorov doctrine [2] in its judgment, which is predominantly used in criminal prosecutions involving allegations of rape and sexual abuse.
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 ...
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 Scots were certainly aware of this, and it was likely chosen over other codifications because it best suited Scottish interests by providing a framework that had already proved itself to be successful, and one that addressed issues particular to Scottish law, but issues that mostly were common to both Scottish and English law. Where it was ...
Memorial to Sir James Dalrymple, 1st Viscount Stair, St Giles Cathedral. Stair's major legal work, The Institutions of the Law of Scotland deduced from its Originals, and collated with the Civil, Canon and Feudal Laws and with the Customs of Neighbouring Nations, shows influences from his philosophical training, his foreign travels, and Continental jurists as well as English lawyers. [6]
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 ...