Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page vii
... Procedure in the Federal Courts . Address delivered before the Delaware State Bar Association , November 6 , 1925. Reprinted from American Bar Association Journal for January , 1926 V. Justice and the Poor . An Analysis of the Report ...
... Procedure in the Federal Courts . Address delivered before the Delaware State Bar Association , November 6 , 1925. Reprinted from American Bar Association Journal for January , 1926 V. Justice and the Poor . An Analysis of the Report ...
Page 4
... tion the delays and complicated procedure constituted abuses far more oppressive than anything that now pre- vails in the state or federal courts of the United States . Dickens summed up the condition in the Court of Chan- [ 4 ] LAW REFORM.
... tion the delays and complicated procedure constituted abuses far more oppressive than anything that now pre- vails in the state or federal courts of the United States . Dickens summed up the condition in the Court of Chan- [ 4 ] LAW REFORM.
Page 5
... procedure remained archaic and inadequate . It was " cumbersome , antiquated , and oppressive - legal fic- tions , pedantic technicalities , forms of action , rules of evidence , endless delay , and all the intricacies of pleading ...
... procedure remained archaic and inadequate . It was " cumbersome , antiquated , and oppressive - legal fic- tions , pedantic technicalities , forms of action , rules of evidence , endless delay , and all the intricacies of pleading ...
Page 8
... Procedure Acts in 1852 , 1854 and 1860 , and these were followed by the Judica- ture Acts of 1873 and 1875 which substantially com- pleted the reform as a result of which delay , complicated procedure , confusing pleadings and technical ...
... Procedure Acts in 1852 , 1854 and 1860 , and these were followed by the Judica- ture Acts of 1873 and 1875 which substantially com- pleted the reform as a result of which delay , complicated procedure , confusing pleadings and technical ...
Page 10
... procedure , and they have continued to attempt by statute to regulate minor matters until our Codes of Procedure have con- tinued to be of absurd bulk and full of minute classi- fications , while the time of the courts has been occu ...
... procedure , and they have continued to attempt by statute to regulate minor matters until our Codes of Procedure have con- tinued to be of absurd bulk and full of minute classi- fications , while the time of the courts has been occu ...
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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.