Law Reform: Papers and Addresses by a Practicing Lawyer |
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Page 15
In 1851 when Lord Brougham's Act removed the disability of parties to testify as witnesses , Lord Campbell said ( Journal , June 19th , 1921 ) , that the reform “ is opposed , as might be expected , by the Lord Chancellor .
In 1851 when Lord Brougham's Act removed the disability of parties to testify as witnesses , Lord Campbell said ( Journal , June 19th , 1921 ) , that the reform “ is opposed , as might be expected , by the Lord Chancellor .
Page 25
... to the facts of the case ; and that generally cannot be done if the judge does not advise the jury as to the weight which ought to be given to certain evidence , and does not comment upon the credibility of the witnesses .
... to the facts of the case ; and that generally cannot be done if the judge does not advise the jury as to the weight which ought to be given to certain evidence , and does not comment upon the credibility of the witnesses .
Page 26
... that the conclusions of a jury as to the evidence and the witnesses cannot withstand the expression by a judge of a contrary view , it merely argues that a jury is a very irresolute body , — a conclusion refuted by long experience .
... that the conclusions of a jury as to the evidence and the witnesses cannot withstand the expression by a judge of a contrary view , it merely argues that a jury is a very irresolute body , — a conclusion refuted by long experience .
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 47
Complicated questions are put to which a clear , straightforward answer is impossible ; witnesses who should simply testify as to facts are interrogated as to their opinion of their or other people's conduct ; sometimes the past history ...
Complicated questions are put to which a clear , straightforward answer is impossible ; witnesses who should simply testify as to facts are interrogated as to their opinion of their or other people's conduct ; sometimes the past history ...
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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.
Bibliographic information
| Title | Law Reform: Papers and Addresses by a Practicing Lawyer |
| Author | Henry Waters Taft |
| Publisher | Macmillan, 1926 |
| Length | 265 pages |
| Export Citation | BiBTeX EndNote RefMan |