Legal Definitions - avizandum

Avizandum is a term used in Scots law that refers to the process where a judge takes a case, or a specific part of it, away from the public courtroom for private consideration and deliberation before making a decision or issuing an opinion. It signifies the period during which the judge carefully reviews all the evidence, arguments, and legal points presented by the parties in a private setting, ensuring a well-reasoned judgment.

Here are some examples to illustrate the concept of avizandum:

• Example 1: Complex Financial Dispute

  In a lengthy civil trial involving a dispute over a multi-million dollar corporate merger, the judge has heard weeks of testimony from financial experts, reviewed thousands of pages of documents, and listened to extensive legal arguments from both sides. After the closing arguments conclude, the judge announces that the case will be taken "to avizandum."

  This means the judge will now privately and meticulously review all the complex financial data, expert reports, and legal submissions presented during the trial. This period of private deliberation allows the judge to fully grasp the intricacies of the financial transactions and legal interpretations before delivering a comprehensive and informed judgment on the merger's legality and its financial implications.

• Example 2: Novel Point of Law

  A criminal case involves a unique set of circumstances where the defense argues for an interpretation of a relatively new statute that has not yet been extensively tested in Scottish courts. The prosecution presents a contrasting view, citing older, but less directly applicable, precedents.

  Faced with a novel point of law and conflicting legal arguments, the judge might declare that the matter is being taken "to avizandum." This allows the judge to retreat from the public court to conduct private legal research, consider the legislative intent behind the new statute, and carefully weigh the arguments from both the defense and prosecution, ensuring a thoughtful and legally sound ruling that could potentially set a new precedent.

• Example 3: Sentencing in a Sensitive Case

  Following a conviction in a highly sensitive case involving a breach of public trust by a local official, the judge needs to determine an appropriate sentence. The judge has heard victim impact statements, character references, and arguments from both the prosecution and defense regarding aggravating and mitigating factors.

  Before pronouncing the sentence, the judge might state that the sentencing decision will be made "under avizandum." This indicates that the judge will privately and thoroughly review all the evidence related to the offense, the defendant's background, sentencing guidelines, and the potential impact of the sentence on the community, ensuring a carefully considered and just outcome, free from immediate public pressure.