Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
PRIVATIVE, adj. Sc. legal usage, of the jurisdiction of a court: exclusive, not shared or exercised by others (Sc. 1946 A. D. Gibb Legal Terms 68).Sc. 1754 Erskine Principles i. ii. 6:
Jurisdiction is either privative or cumulative. Privative jurisdiction, is that which belongs only to one court, to the exclusion of all others.Sc. 1838 W. Bell Dict. Law Scot. 783:
A court is said to have privative jurisdiction in a particular class of causes, when it is the only court entitled to adjudicate in such causes.Sc. 1927 Gloag & Henderson Intro. Law Scot. 15:
In cases which are competent in the Sheriff Court and where the value, exclusive of interest and expenses, does not exceed £50 the jurisdiction of the sheriff is privative, i.e. such cases can neither be brought originally in the Court of Session nor taken there by appeal.
