Practice – the procedural methods and rules used in a court of law

     This page is continued from Roman “Civil Republic” State Law >>>> State Law consists of Two Parts >>>> Adjective Law:

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practice:
n. (15c)

l. The procedural methods and rules used in a court of law <local practice requires that an extra copy of each motion be filed with the clerk>. [1]

1. Adjective, as distinguished from substantive, law.  Those legal rules which direct the course of proceeding to bring parties into court and the course of the court after they are brought in. Kring v Missouri (US) 17 Otto 221, 231, 27 L Ed 506, 510, 2 S ct 443.

The method of procedure whereby a case is started, parties brought in, and the case conducted to judgment or prior termination, even to add through an appeal. Kansas City v O’Connor, 36 Mo App 594, 599.

All that relates to the manner in which a case shall be conducted and tried, from its inception to final judgment and execution. Wright v State, 5 in 290. [2]

1. As opposed to substantive law, the legal rules by which a case is started, the parties brought into court, and the case tried either to judgment or earlier termination.  The method for taking an appeal from a judgment is a matter of appellate practice. [3]

2. PRACTICE OF LAW <where is your practice>.

practice act:
(1881)

1. A statute governing practice and procedure in courts.  *  Practice acts are usually supplemented with court rules such as the Federal Rules of Civil Procedure.

practice book:
(1873)

1. A volume devoted to the procedure. in a particular court or category of courts, usually including court rules, court forms, and practice directions.

practice court:
(1831)

l. MOOT COURT.

2. (cap) BAIL COURT. practice goodwill. See GOODWILL.

practice guide:
(1937)

1. A written explanation of how to proceed in a particular area of law or in a particular court or locality.

 

 

 

practicks (usu. pl.) (16c) Hist. 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.  *  An example is Balfour’s Practicks (1469-1579).  A precursor of law reports, the notes remain historical legal literature of some authority.

 

References:

Disclaimer:All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Editionby Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

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The Two Parts of State Law

Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Federal Rules of Procedure

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