Written by attorneys · grounded in primary & secondary sources — see below
in Scots law
An old collection of notes about points of practice, decisions of the Court of Sessions, statutes, and forms, compiled by members of the court. The notes served as a precursor to law reports and retain historical authority.
Sources & Authorities· 14 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
How it applies
Common Examples
6
Client Objective Consultation
Preston Pratt instructed his lawyer to pursue settlement of a contract dispute rather than trial. The lawyer accepted the objective and consulted on means to achieve it. The representation proceeded under the client's direction.
Final District Court Ruling
Patricia Patel obtained a final judgment in federal district court on a contract claim. She filed a notice of appeal to the court of appeals. The appellate court exercised jurisdiction over the final decision.
Nonparent Legal Custody
Pedro Pacheco sought legal custody of his niece after the parents became unavailable. The court granted him authority to make education and health decisions. Legal custody enabled him to direct the child's scheduled activities.
Paula Pierce lived with the child and made daily decisions in cooperation with the physical custodian. She satisfied the requirement for regular exercise of care. The court recognized her role in establishing a bonded relationship.
Judicial Review of Executive Action
Pablo Perez petitioned the court to compel delivery of a commission withheld by the executive. The court examined whether the Constitution authorized judicial review of the refusal. The decision established the power to declare executive action unlawful.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Proof Beyond Reasonable Doubt
Penelope Price faced juvenile delinquency proceedings. The court required the state to prove every element beyond a reasonable doubt. The standard protected the fundamental fairness of the adjudication.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Common questions
Frequently Asked
1
What historical role did practicks play in Scots law?+
Practicks compiled notes on court decisions, statutes, and forms. They functioned as early records of practice before formal law reports existed. Courts and practitioners treated them as authoritative historical sources.
5 U.S. (1 Cranch) 137 (1803)Property
…to be one. The power does not depend on implication alone; it has been recognized by legislative provision and in judicial decisions. Congress, by a law passed at the first session after the adoption of the Constitution (the Judiciary Act), expressly gave the Supreme Court the power of issuing writs of mandamus. The…