Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page vi
... is the most valuable possession that he has , and some day he will be aroused to the importance of seeing that its value is not impaired by a failure to make needed improvements in substance and in methods .
... is the most valuable possession that he has , and some day he will be aroused to the importance of seeing that its value is not impaired by a failure to make needed improvements in substance and in methods .
Page 9
In the Roman Empire under Justinian and in France , commencing under Louis XIV and ending under Napoleon , the arbitrary character of the government made it possible to adopt the scientific method of selecting the most eminent lawyers ...
In the Roman Empire under Justinian and in France , commencing under Louis XIV and ending under Napoleon , the arbitrary character of the government made it possible to adopt the scientific method of selecting the most eminent lawyers ...
Page 11
But the right thus created was not made secure until the adoption of the petition of Right and the passage of the Habeas Corpus Act of 1679 ; and the latter merely created a method of procedure which had not before existed .
But the right thus created was not made secure until the adoption of the petition of Right and the passage of the Habeas Corpus Act of 1679 ; and the latter merely created a method of procedure which had not before existed .
Page 14
Lawyers are now officers of the court , but there is no method by which they can by voluntary organization be made efficient in procuring united action . Lawyers of the highest standing and influence have , however , individually and ...
Lawyers are now officers of the court , but there is no method by which they can by voluntary organization be made efficient in procuring united action . Lawyers of the highest standing and influence have , however , individually and ...
Page 15
Experienced and enlightened judges in all of our courts generally favor relaxing rules of evidence and technical methods of procedure ; and rarely has a judge the hardihood to oppose a reform proposed by an influential body of lawyers .
Experienced and enlightened judges in all of our courts generally favor relaxing rules of evidence and technical methods of procedure ; and rarely has a judge the hardihood to oppose a reform proposed by an influential body of lawyers .
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Common terms and phrases
able action administration of justice adopted American Bar Association appeal attention become body bulletin called causes centuries character Chief civil claims Code Committee common law concerning Constitution counsel crime criminal criticism decisions defendants discussion effect effort England English established evidence existing expense experience expressed fact federal followed force frequently function give important improvement increase influence institutions interest judges judicial jury kind law reform lawyers legislative legislature less Lord matters ment method mind necessary never newspaper objection opinion organizations particularly party persons political practice present President principles procedure proceedings profession professional proposed provisions question reason recent referred reform relations responsibility result rules secure Senate speech statement statute Supreme Court tend things tion trial truth United witness 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.