Record in United States

Record Definition

Record, in its broadest sense, is a written memorial, public or private, of what has been said or done. It is ordinarily applied to public records only, in which sense it is a written memorial made by a public officer, judicial, legislative, or executive, authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 6 Call (Va.) 78; 1 Dana (Ky.) 595; 49 Maine 345; 101 111. App. 490. Any record required by law to be kept by an officer, or which he keeps as necessary or convenient to the discharge of his official duty, is a public ‘record. 15 Wall. (U. S.) 123; 123 Ind. 197; 1 Pa. St. 224. A judicial record is the written memorial of proceedings had in court, kept by the proper officers of the court. The common-law record was an enrollment of the pleadings, a statement in formal language of each proceeding had in the progress of the cause, and the judgment. Steph. PI. 61. The more common modern practice is to file the pleadings, etc., with the clerk’s entries of proceedings on the trial without enrollment. In Appellate Practice. The term “record” is used in two senses, as comprising, generally, all the matters certified and transmitted by the lower court to show the proceedings therein, and in a more limited sense as signifying only the record proper, and not the abstract or bill of exceptions. In this limited sense, it includes the pleadings (22 111. 326), the process, and the return thereof (22 Me. 442), the verdict” (60 111. App. 580) or findings (34 Minn. 330), and judgment (60 111. App. 580), but not the clerk’s minutes (94 N. Y. 508), the opinion of the court below (140 111. 637), interlocutory motions or orders (82 Ind. 624; 109 111. 245), the evidence (23 Mich. 526; 91 U. S. 127), though documentary (87 Ind. 221), nor the instructions (72 U. S. 663; 119 Ind. 35).

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Legal Issue for Attorneys

Record, in its broadest sense, is a written memorial, public or private, of what has been said or done. It is ordinarily applied to public records only, in which sense it is a written memorial made by a public officer, judicial, legislative, or executive, authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 6 Call (Va.) 78; 1 Dana (Ky.) 595; 49 Maine 345; 101 111. App. 490. Any record required by law to be kept by an officer, or which he keeps as necessary or convenient to the discharge of his official duty, is a public ‘record. 15 Wall. (U. S.) 123; 123 Ind. 197; 1 Pa. St. 224. A judicial record is the written memorial of proceedings had in court, kept by the proper officers of the court. The common-law record was an enrollment of the pleadings, a statement in formal language of each proceeding had in the progress of the cause, and the judgment. Steph. PI. 61. The more common modern practice is to file the pleadings, etc., with the clerk’s entries of proceedings on the trial without enrollment. In Appellate Practice. The term “record” is used in two senses, as comprising, generally, all the matters certified and transmitted by the lower court to show the proceedings therein, and in a more limited sense as signifying only the record proper, and not the abstract or bill of exceptions. In this limited sense, it includes the pleadings (22 111. 326), the process, and the return thereof (22 Me. 442), the verdict” (60 111. App. 580) or findings (34 Minn. 330), and judgment (60 111. App. 580), but not the clerk’s minutes (94 N. Y. 508), the opinion of the court below (140 111. 637), interlocutory motions or orders (82 Ind. 624; 109 111. 245), the evidence (23 Mich. 526; 91 U. S. 127), though documentary (87 Ind. 221), nor the instructions (72 U. S. 663; 119 Ind. 35).

This definition of Record is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

record in relation to Invention and Patent Law

That evidence which is before the court or patent office on which a decision can be made. In a patent prosecution that consists of such things as the inventors oath, the patent
application, any affidavitssubmitted, and any prior art .

Definition of Record in the Uniform Securities Act (2002)

“Record,” except in the phrases “of record,” “official record,” and “public record,” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Record in the Context of Law Research

The Thurgood Marshall School of Law Library defined briefly Record as: The documentation, prepared for an appeal, of the trial court proceedings (pleadings, motions, transcripts of examination of witnesses, objections to evidence, rulings, jury instruction, opinion, etc).Legal research resources, including Record, help to identify the law that governs an activity and to find materials that explain that law.

Record Definition in the context of the Federal Court System

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

Making and Preserving the Record–Objections

This section examines the Making and Preserving the Record–Objections subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.