Court Of Record

Legal Definition and Related Resources of Court of record

Meaning of Court of record

A judicial, organized tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of the common law. A court where the acts and proceedings are enrolled in parchment for a perpetual memorial and testimony. 3 Bl. Comm. 24. A C0|Urt which has jurisdiction to fine and imprison, or one having jurisdiction of civil causes above forty shillings, and proceeding according to the course of the common law. 37 Me. 29. All courts are either “of record,” or “not of record.” The possession of the right to fine and imprison for contempt was formerly considered as furnishing decisive evidence that a court was a court of record (Co. Litt 117b, 260a; 1 Salk. 144; 12 Mod. 388; 2 Wm. Saund. 101a; Viner, Abr. “Courts”), and it is said that the erection of a new tribunal with this power renders it by that very fact a court of record (1 Salk. 200; 12 Mod. 388; 1 Wooddeson, Lect. 98; 3 Bl. Comm. 24, 25); but every court of record does not possess this power (1 Sid. 145; 3 Sharswood, Bl. Comm. 25, note). The mere fact that a permanent record is kept does not, in modem law, stamp the character of the court, since many courts, as probate courts, and others of limited or special jurisdiction, are obliged to keep records, and yet are held to be courts not of record. See 11 Mass. 510; 22 Pick. (Mass.) 430; 1 Cow. (N. Y.) 212; 3 Wend. (N. Y.) 268; 10 Pa. St. 158; 5 Ohio, 545; 7 Ala. 351; 25 Ala. 540. The definition first given above is taken from the opinion of Shaw, C. J., in 8 Mete. (Mass.) 171, with an additional element not required in that case for purposes of distinction, and is believed to contain all the distinctive qualities which can be said to belong to all courts technically of record at modem law.

Court of Record Legal Definition

A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

Translate Court of Record from English to Spanish

Translation of Court of Record, with examples. More about free online translation into Spanish of Tribunal de registros (translation provided by the Diccionario de Términos Legales Louis Robb) and other legal terms is available here.

  • Tribunal de registros (translation provided by the Diccionario de Términos Legales Louis Robb)
  • Tribunal de autos (translation provided by the Diccionario de Términos Legales Louis Robb)
  • Legal English Translation

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Related topics Court Of Record in the World Encyclopedia of Law

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This definition of Court Of Record Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Court of record in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of court of record.

Resources

See Also

  • Law Enforcement Officer
  • Policeman
  • Law Enforcement Agency

Further Reading

English Legal System: Court of Record

In the context of the English law, A Dictionary of Law provides the following legal concept of Court of Record : A court whose acts and judicial proceedings are permanently maintained and recorded. In modern practice the principal significance of such courts is that they have the power to punish for *contempt of court.

See also contract of record.

Court of Record


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