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The Jurisdiction Of The Session

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Chapter Summary

This chapter surveys the civil jurisdiction of the Session, illustrating in detail the &t;practick&t; of the court and what disputes it adjudicated upon. It is restricted to describing, illustrating and analysing the business which the Session transacted as a court of law. The chapter tends to severely undermine Hannay's judgment that ?the decreets in civil causes, often valuable for family history, topography and social life, are apt to be disappointing to the student of law." Supervisory jurisdiction of Council and Session was to regulate legal process in courts if called upon to do so. The most striking feature of the survey attempted in the chapter is the sheer range of the jurisdiction which the Lords exercised, combined with an apparently unlimited authority to intervene in and overrule all other civil courts, nullify their decrees, order new process to be undertaken, and transfer actions to be heard by themselves.

Keywords: civil jurisdiction; legal disputes; Scotland; Session; supervisory jurisdiction

10.1163/ej.9789004174665.i-488.35
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