Also known as: praxes · practice · custom
Written by attorneys · grounded in primary & secondary sources — see below
A concept in critical legal studies denoting practical action undertaken in cooperation with others to realize an ethical life.
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Paul Peterson regularly inspects safety harnesses before every shift at Phoenix Technologies. When a worker is injured after Peterson skips an inspection, the defense offers testimony of his consistent pre-shift checks to show he followed the routine on the day in question. The court admits the evidence to prove conformity with the established practice.
Judge Pierre Poulin drafts a will for his sister without compensation and without appearing in court on her behalf. When a party challenges the conduct as unauthorized law practice, the judge explains that the limited family assistance falls within permitted boundaries while still refraining from formal representation.
Pedro Pacheco, a local accountant, prepares tax returns using methods typical of practitioners in his community. When a client sues for errors, the court measures Pacheco's conduct against the skill ordinarily exercised by accountants in good standing in similar locales rather than a national expert standard.
In a diversity case, Pamela Phillips seeks to apply a state discovery rule that would bar her claim while the defendant urges a federal practice allowing broader discovery. The court weighs the state's interest in repose against the federal system's interest in uniform procedural rules to decide which governs.
Pablo Perez, admitted only in State A, advises a client in State B on a transaction. State A asserts disciplinary power over the conduct even though the advice occurred elsewhere, because Perez is subject to its authority regardless of where the legal services are performed.
Pavel Petrov's lumber company contracts with Peak Performance to supply boards measured by a local industry custom that treats nominal two-by-fours as actually measuring one-and-a-half inches. When a dispute arises, the court interprets the contract in light of that established customary practice known to both parties.
The critical legal studies usage emphasizes collective ethical action aimed at transforming social conditions, whereas ordinary legal references to practice typically denote the routine performance of professional services or the application of rules such as habit evidence or judicial conduct restrictions.
Supporting sources
…award a mandamus to James Madison, Secretary of State. The argument upon the first question was derived from the principles and practice of England and the Constitution and laws of the United States. As the supreme court and by reason of its supremacy it must have superintendence of inferior tribunals and officers, whether…