What Does Scotus Mean:
Scots law is a system of legal rules and principles developed in Scotland over many centuries.
Historically, the available sources of Scots Law have been Roman-Dutch mercantile law, medieval canon law, later received English common law, plus UK statutes and EU Directives. Since the formation of the Kingdom of Great Britain under the Treaty of Union 1707, Scots Law has shared a legislature with England and Wales at Westminster.
Since the formation of the United Kingdom of Great Britain and Ireland in 1801, Scots law has shared a legislature with England, Wales, and Northern Ireland at Westminster (Scotland having gained home rule over legislative matters in the form of the Scottish Parliament at Holyrood).
Scots Law is currently administered as an integral system with one statutory framework for its foundation and another reaching back to the medieval sources. Its rules are more thoroughly codified than London’s de facto civil law jurisdiction in England.
However, unlike English legal codes, Scots Law recognizes many “mixed” or hybrid forms of action that allow both civil-law style damages actions or remedies alongside its remedies for breach of contract.
Scots law provides for three types of court:
The Court of Session is the highest civil court in Scotland. It sits in Parliament House, Edinburgh, and is a court of record. The sheriff’s courts are local courts, hearing civil and criminal cases. The High Court of Justiciary is the supreme criminal court in Scotland. It sits in Edinburgh and also hears appeals from the sheriff’s courts.
Several specialist tribunals deal with specific areas of law such as employment, planning, or social security.
The Court of Session is the only court that can hear an action for breach of contract. To bring an action for breach of contract in the sheriff courts, you must first sue for damages (the civil law remedy).
If the sheriff’s court finds it in your favor, it will award you damages. If the other party does not pay these damages, you can then apply to the High Court of Justiciary for a warrant of execution (an order requiring the debtor’s assets to be seized and sold to pay the debt).
The primary remedy in Scots contract law damages. This is a civil law remedy and is available whether or not there is a breach of contract. You can claim damages for any loss you have suffered due to the violation. In some cases, you may also be able to claim damages for the inconvenience or distress that you have suffered.
The general rule is that the party who suffers the most damage due to the contract breach is entitled to damages. However, there are some exceptions to this rule. For example, where the contract is for the sale of goods, the party who suffers the loss due to the breach may be entitled to receive the difference between the contract price and the value of the goods at the time of delivery.
Damages can be an essential remedy in Scots contract law. They can help compensate you for any losses you have suffered due to the breach. They can also help to deter people from breaching contracts in the future.
In addition to damages, you may also be able to claim specific performance or injunction from the court. These are both equitable remedies, which are not available in every case.
The main difference between an injunction and specific performance is that an injunction is a court order requiring the other party to do something. In contrast, specific performance is an order requiring the other party to give you something.
An injunction may be appropriate where there has been a breach of contract, and you want the other party to stop doing whatever it is that they have been doing that has caused you harm. For example, if the other party has been using your trademark without your permission, you may be able to get an injunction to stop them from doing this.
What does distributed for conference mean SCOTUS:
In the context of civil law, “distributed for the conference” would typically reference a legal process by which one party (the plaintiff) formally notifies another party (the defendant) of an impending lawsuit, seeking some redress or another form of legal remedy.
This notification is often done in the form of a written letter delivered to the defendant’s home or place of business. The notice will typically include a summary of the allegations being made by the plaintiff, as well as a deadline by which the defendant must respond. If the defendant does not respond on time, they may be subject to judgment by default.
The term “distributed for the conference” may also be used in the context of appellate law, where it refers to the process by which a higher court sends a case back down to a lower court for further proceedings. This may occur, for example, where the higher court believes that the lower court made an incorrect ruling on the point of law. In such cases, the appellate court will issue what is known as a “mandate” or “remand order,” instructing the lower court to take specific action to correct the error.
In some cases, a defendant may choose to waive their right to receive formal notice of an impending lawsuit. This can be done either orally or in writing, and it must be done before any legal proceedings have commenced.
If a defendant does this, they are said to have “stood aside” from the case. This means that they will no longer be able to raise any objections or defenses to the allegations being made by the plaintiff. It also means that they will not be entitled to receive any damages, should the plaintiff ultimately be successful in court.