Precognition (Scots law)
Encyclopedia
Precognition in Scots law
is the practice of taking a factual statement from witnesses before a trial is enjoined. This is often undertaken by trainee lawyers or precognition officers employed by firms. Many of these are former policemen.
This procedure is followed in both civil
and criminal
causes. While the subsequent statement is itself inadmissible as evidence, it allows an advocate
or solicitor
in Scotland
to appear before the courts of Scotland
knowing what evidence each witness is likely to present.
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
is the practice of taking a factual statement from witnesses before a trial is enjoined. This is often undertaken by trainee lawyers or precognition officers employed by firms. Many of these are former policemen.
This procedure is followed in both civil
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
causes. While the subsequent statement is itself inadmissible as evidence, it allows an advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
or solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
to appear before the courts of Scotland
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
knowing what evidence each witness is likely to present.