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Simple English definitions for legal terms
heritable jurisdiction
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A quick definition of heritable jurisdiction:
Heritable Jurisdiction: In the past, in Scotland, a laird or clan chief had the power to judge and punish their own people, even with death. This was called heritable jurisdiction. There was no way to appeal their decisions, and punishments were usually carried out right away. However, in 1748, the Heritable Jurisdiction Act was passed, which took away this power.
A more thorough explanation:
Definition: Heritable jurisdiction was a power held by Scottish lairds or clan chiefs to try their own people and hand down punishments, including death. They acted as a supreme court, and their decisions were final with no appeal. Sentences were usually carried out immediately. This power was abolished by the Heritable Jurisdiction Act of 1748.
Example: In the past, a Scottish laird could hold heritable jurisdiction over their land and people. This meant that they had the power to act as judge, jury, and executioner for crimes committed within their territory. For example, if someone was accused of theft, the laird would hold a trial and decide their guilt or innocence. If found guilty, the laird could sentence them to death, and the sentence would be carried out immediately.
Explanation: This example illustrates how heritable jurisdiction worked in practice. The laird had complete control over the legal system within their territory, and their decisions were final. This meant that there was no higher authority to appeal to, and the laird's word was law. The Heritable Jurisdiction Act of 1748 abolished this power, bringing Scotland's legal system more in line with the rest of Europe.