Legal Definitions - practicks

In historical Scottish law, practicks (most often used in its plural form) refers to informal collections of notes compiled by judges or other court officials. These collections documented various aspects of legal practice, including summaries of important court decisions from the Court of Session, interpretations of statutes, and standard legal forms and procedures. They served as early forms of legal reference, predating modern, formally published law reports, and hold historical significance as records of legal development.

• Imagine a senior clerk working in the 16th-century Scottish Court of Session. This clerk might have diligently kept a personal ledger detailing the precise steps and required documentation for common legal actions, such as resolving a boundary dispute between two landowners. The ledger would include notes on the typical arguments presented, the procedural formalities observed, and the general outcomes based on past cases. This informal compilation of practical guidance and procedural observations would be considered a form of practicks, providing a hands-on reference for navigating the court system.

• Consider a prominent Scottish judge in the late 15th century who, after presiding over numerous complex cases involving commercial contracts, decided to compile a personal record. This record would summarize the key legal principles applied in those cases, detail how specific statutes related to trade were interpreted by the court, and highlight significant rulings that set precedents. Shared informally among fellow judges or aspiring legal scholars, this compilation of judicial insights and statutory interpretations would serve as practicks, offering valuable guidance on the evolving common law.

• Before the widespread availability of printed legal texts, a group of experienced advocates or court officials might have collaborated to create a collection of template legal documents, such as standard forms for wills, property transfers, or petitions to the court. Alongside these templates, they would include annotations explaining their proper use, the specific legal requirements for their validity, and references to past cases where similar forms were successfully employed. This practical guide for legal professionals, ensuring consistency and accuracy in legal drafting, would also be categorized as practicks.