Record
Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
1.
A court having power to fine or imprison for contempt; a court of which the proceedings were entered in writing (formerly on parchment), a copy of which was conclusive evidence of the fact of such proceedings at another trial; a King's court as distinct from a subject's; v. Court, 117.
2.
An enrolment or memorandum made in a court or registry, formerly necessarily on parchment.
3.
Anciently, the proceedings of a court, although oral; or a plea thereof.
4.
The official instrument containing an account of the proceedings in a court of justice, the history of the case; v.
Nisi prius
Trial by record: when the issue turns upon a record, and is tried by the inspection of the court without witness or jury. Anciently (v. Record, 3), by the proceedings in a previous action as proved orally by witnesses. Matter of record: matter evidenced by record, and which can therefore be proved and disproved only by the record itself or an authorized copy.