Advocation

Scottish Law: Advocation in the Past

A writing drawn up in the form of a petition, called a bill of advocation, by which a party in an action applies to the Supreme Court (see decisions, judges, etc) to advocate its cause and to call the action out of an inferior court to itself. Letters of advocation, are the decree or warrant of the Supreme Court (see decisions, judges, etc) or court of sessions, discharging the inferior tribunal from all further proceedings in the matter and advocating the action to itself. This proceeding is similar to a certiorari (see this concept in the corresponding entry on this reference) issuing out of a superior court for the removal of a cause from an inferior. [1][rtbs name=”scottish-law”]

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Notes and References

1. Partialy, this information about advocation is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including advocation.

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Concept of Advocation

Traditional meaning of advocation [1] in scots law: The Scotch process of appeal. [rtbs name=”scottish-law”]

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Notes and References

1. Based on A concise law dictionary of words, phrases and maxims, “Advocation”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Advocation.

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Description of Advocation

In this reference work, advocation is a sort of the Scots law category.[rtbs name=”scottish-law”]

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See Also