Glossary of key terms
Judicial Review - a type of court process where the judge reviews the lawfulness of a decision or action, or failure to act, by a public body or other official decision maker. This can include consideration of whether a public body acted in accordance with the Human Rights Act or EU law.
Petitioner – the name of the complainer or ‘victim’ in a Judicial Review in Scotland.
Public Interest Intervention - sometimes called a third party intervention, this is where an organisation uses their knowledge or expertise to add new or different angles to court deliberations, usually through a written submission.
Civil law – Scots law is split into criminal law (about punishing someone for something they have done to someone else) and civil law which aims to sort out arguments and problems between people, or between individuals and organisations. Civil law is what you rely on if you sue someone if they haven't honoured an agreement you had or if you're suing someone for something that's happened to you. Judicial review is also part of civil law.
Solicitor - a legal practitioner who is qualified to deal with most legal matters and is often the first point of contact around litigation.
Advocate - experts in taking cases to court. Usually instructed by a solicitor to argue a case in court. You may also contact an advocate via a referral agency to the Faculty of Advocates Pro Bono Service.
Protective Expenses Order (PEO) - an application to the court can be made for a PEO and this can limit liability for costs to a certain amount or state that a party will not be liable for the expenses of the opponent regardless of the outcome.
Legal Aid – state funding for individuals for litigation which, if granted, means that a petitioner will not be liable for the costs or legal representation, or for any expenses if she is unsuccessful in the case.
Litigation - taking a legal case in court.
Legal opinion - a letter or short written report in which an advocate sets out his or her understanding of the law as it applies to your issue and gives some legal conclusions.
European Convention on Human Rights (ECHR) – protects a series of civil and political rights. For example, the right to life, right to freedom of expression and the right to respect for private and family life. Article 14 is concerned with the prohibition of discrimination in respect of other rights and freedoms.
Court of Session – this is the highest civil court in Scotland and sits in Edinburgh. It is divided into two parts: the Outer House, which deals with complex or large cases, and all Judicial Reviews; and the Inner House which mainly deals with appeals.
Standing - when an individual or organisation brings a petition for judicial review, they must be able to demonstrate that they have “sufficient interest in the matter to which the application relates”, often called ‘standing’.
Petitioner – the name of the complainer or ‘victim’ in a Judicial Review in Scotland.
Public Interest Intervention - sometimes called a third party intervention, this is where an organisation uses their knowledge or expertise to add new or different angles to court deliberations, usually through a written submission.
Civil law – Scots law is split into criminal law (about punishing someone for something they have done to someone else) and civil law which aims to sort out arguments and problems between people, or between individuals and organisations. Civil law is what you rely on if you sue someone if they haven't honoured an agreement you had or if you're suing someone for something that's happened to you. Judicial review is also part of civil law.
Solicitor - a legal practitioner who is qualified to deal with most legal matters and is often the first point of contact around litigation.
Advocate - experts in taking cases to court. Usually instructed by a solicitor to argue a case in court. You may also contact an advocate via a referral agency to the Faculty of Advocates Pro Bono Service.
Protective Expenses Order (PEO) - an application to the court can be made for a PEO and this can limit liability for costs to a certain amount or state that a party will not be liable for the expenses of the opponent regardless of the outcome.
Legal Aid – state funding for individuals for litigation which, if granted, means that a petitioner will not be liable for the costs or legal representation, or for any expenses if she is unsuccessful in the case.
Litigation - taking a legal case in court.
Legal opinion - a letter or short written report in which an advocate sets out his or her understanding of the law as it applies to your issue and gives some legal conclusions.
European Convention on Human Rights (ECHR) – protects a series of civil and political rights. For example, the right to life, right to freedom of expression and the right to respect for private and family life. Article 14 is concerned with the prohibition of discrimination in respect of other rights and freedoms.
Court of Session – this is the highest civil court in Scotland and sits in Edinburgh. It is divided into two parts: the Outer House, which deals with complex or large cases, and all Judicial Reviews; and the Inner House which mainly deals with appeals.
Standing - when an individual or organisation brings a petition for judicial review, they must be able to demonstrate that they have “sufficient interest in the matter to which the application relates”, often called ‘standing’.