Simple English definitions for legal terms
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Term: WAKENING
Definition: Wakening is a legal term used in Scotland. It means to bring back to life a legal action that has been inactive for at least a year and a day. This means that if no steps have been taken in a legal case for a year and a day, it can be revived or wakened.
Definition: Wakening is a term used in Scots law to describe the revival of an action that has not been pursued for at least a year and a day.
Example: If someone brings a legal action against another person but then fails to pursue it for more than a year and a day, the action may be considered dormant. However, if the person decides to revive the action, they can do so by wakening it.
Explanation: This means that the person can bring the action back to life, even though it has been dormant for a long time. The term "wakening" is used to describe this process of reviving a legal action. It is important to note that this term is specific to Scots law and may not be used in other legal systems.