Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 16
... of great antiquity should evoke the opposition of many of those who understand them and have been instruments in their administration ; and in any project for the reform of our law that kind of obstacle must be anticipated .
... of great antiquity should evoke the opposition of many of those who understand them and have been instruments in their administration ; and in any project for the reform of our law that kind of obstacle must be anticipated .
Page 25
There is a marked tendency to create a kind of jury trial which will render a judge a mere moderator and eliminate a feature of trial by jury without which it never would have become , as it now is in many cases , the best practicable ...
There is a marked tendency to create a kind of jury trial which will render a judge a mere moderator and eliminate a feature of trial by jury without which it never would have become , as it now is in many cases , the best practicable ...
Page 28
The attitude of the English courts seems to be supported by public opinion . It obviously tends to repress crime ; and it discourages the kind of trial artifices by counsel that we witness all ...
The attitude of the English courts seems to be supported by public opinion . It obviously tends to repress crime ; and it discourages the kind of trial artifices by counsel that we witness all ...
Page 30
Figures need not be stated in much detail , but when one considers the limited number of pages of the lightest kind of literature one can read in a year , it has some significance that there were in 1922 added to the literature of the ...
Figures need not be stated in much detail , but when one considers the limited number of pages of the lightest kind of literature one can read in a year , it has some significance that there were in 1922 added to the literature of the ...
Page 32
A kind of judicial opinion which tends to extend unnecessarily legal literature is one which states two or three grounds of decision , any one of which would alone be sufficient . Indulgence in this kind of opinion weakens the force of ...
A kind of judicial opinion which tends to extend unnecessarily legal literature is one which states two or three grounds of decision , any one of which would alone be sufficient . Indulgence in this kind of opinion weakens the force of ...
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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.