Legal Definitions - precognition

Definition: In Scots law, precognition refers to a preliminary examination under oath of individuals who may have knowledge about the facts of a case. This is usually done in criminal cases to determine if there is enough evidence to proceed to trial. It can also refer to the written record of a prospective witness's statement that can be used as evidence.

Example: In a criminal case, the police may conduct a precognition by interviewing witnesses and suspects under oath to gather information about the crime. This information can then be used to determine if there is enough evidence to proceed to trial.

Explanation: The example illustrates how precognition is used in a criminal case to gather information and determine if there is enough evidence to proceed to trial. The preliminary examination under oath helps to ensure that the evidence presented in court is reliable and accurate.