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Simple English definitions for legal terms
letter of advocation
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A quick definition of letter of advocation:
A letter of advocation was a legal document used in Scottish law. It was issued by a higher court, such as the Court of Session or the High Court of Justiciary, to transfer a case from a lower court to the issuing court. This was done to ensure that the case was heard by a more appropriate court. In criminal cases, the High Court of Justiciary could use a letter of advocation to review a case from a lower court. However, this practice was abolished in 1868 and replaced by the appeal process.
A more thorough explanation:
A letter of advocation was a legal document used in Scots law. It was issued by the Court of Session and allowed a case to be transferred from an inferior court to a superior court. This meant that the inferior court was discharged from further proceedings in the matter.
For example, in a criminal case, the High Court of Justiciary could issue a letter of advocation to call up a case for review from an inferior court. This allowed the case to be heard by a higher court with more authority and expertise.
The letter of advocation was abolished in 1868 and replaced by appeal. This means that instead of issuing a letter of advocation, a party can now appeal a decision directly to a higher court.