Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 2
... civil law , and the common law , are the result of a scientific effort to make formal rules which will produce . results conformable , as near as may be , to abstract justice . In its historical origin , the Roman law was not a system ...
... civil law , and the common law , are the result of a scientific effort to make formal rules which will produce . results conformable , as near as may be , to abstract justice . In its historical origin , the Roman law was not a system ...
Page 3
... civil law countries to make it conform to the requirements of varying local conditions and civiliza- tions . Thus , in France wars and other conditions led to confusion and uncertainty which , after two or three hun- dred years of ...
... civil law countries to make it conform to the requirements of varying local conditions and civiliza- tions . Thus , in France wars and other conditions led to confusion and uncertainty which , after two or three hun- dred years of ...
Page 4
... civil war - a terrible calamity , to be avoided like plague or pestilence . " Lord Eldon's docket was three years behind and appeals in the House of Lords had been waiting ten years to be heard . On the common law side of the courts ...
... civil war - a terrible calamity , to be avoided like plague or pestilence . " Lord Eldon's docket was three years behind and appeals in the House of Lords had been waiting ten years to be heard . On the common law side of the courts ...
Page 11
... civil liberty have been effected by reforms in what was originally mere procedure . In his Constitutional History of the United States , Mr. Thorpe goes so far as to say that " every fundamental of government has been at some time an ...
... civil liberty have been effected by reforms in what was originally mere procedure . In his Constitutional History of the United States , Mr. Thorpe goes so far as to say that " every fundamental of government has been at some time an ...
Page 19
... civil and criminal , into harmony with modern condi- tions . " Among the proposals of the Commission is one that there should be created a " Ministry of Justice , " which shall be a ready and authoritative conduit through which ...
... civil and criminal , into harmony with modern condi- tions . " Among the proposals of the Commission is one that there should be created a " Ministry of Justice , " which shall be a ready and authoritative conduit through which ...
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Common terms and phrases
administration of justice adopted amendments American Bar Association American Law Institute American lawyers appeal aroused attorney barristers bulletin causes character Chief Justice civil Code Committee common law Congress Constitution contest counsel crime criminal decisions defeat defendants dissenting domestic relations courts effect effort enacted England English Espionage Act established expense experience fact federal courts Frohwerk function important improvement institutions interest judges judicial Judiciary jurisdiction jurisprudence jury trial Justice Holmes law reform lawyers League League of Nations legal aid societies legislative legislature litigation Lord matters ment method N. Y. Supp nations newspaper party persons political practice present President principles procedure proceedings profession professional provisions public opinion question remedy result rules of evidence Senate small claims courts solicitors statement statute supra note Supreme Court Surrogate tend tendency testamentary capacity testator tice tion tribunals truth United witness World Court York
Popular passages
Page 49 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 207 - ... to interfere with the operation or success of the military or naval forces of the United States...
Page 196 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a. clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Page 8 - States, any bar association or other learned bodies. 3. To receive and consider suggestions from judges, justices, public officials, lawyers and the public generally as to defects and anachronisms in the law. 4. To recommend, from time to time, such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law of this state, civil and criminal, into harmony with modern conditions.
Page 65 - Where an appeal is taken upon the facts, the appellate court has the same power to decide the questions of fact, which the surrogate had ; and it may, in its discretion, receive further testimony or documentary evidence, and appoint a referee.
Page 10 - shall be (1) to promote uniformity in state laws on all subjects where uniformity is deemed desirable and practicable...
Page ix - But how much nobler will be the Sovereign's boast when he shall have it to say that he found law dear, and left it cheap ; found it a sealed book — left it a living letter ; found it the patrimony of the rich — left it the inheritance of the poor ; found it the two-edged sword of craft and oppression — 'left it the staff of honesty and the shield of innocence...
Page 64 - It shall thereupon render judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to grant a new trial or hearing, when it may grant a new trial or hearing.
Page 70 - ... by the personal representatives of the deceased patient, or if the validity of the last will and testament of such deceased patient is in question, by the executor or executors named in said will, or the surviving husband, widow or any heir-at-law or any of the next of kin, of such deceased, or any other party in interest.
Page 152 - The theory of our system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print.